How to Start an LLC in Texas: Filing Steps and What Happens Next

To start a Texas LLC, choose a compliant name, appoint a consenting registered agent with a qualifying Texas office, decide how the company will be managed, and file Form 205, Certificate of Formation—Limited Liability Company, with the Texas Secretary of State. The filing fee is $300. After formation, address the LLC’s federal EIN needs and Texas Comptroller follow-up rather than treating the approved certificate as the end of the process.

Decisions to Make Before Filing

Form 205 asks for information that reflects how the LLC will be structured. Resolve these points before completing the certificate so the names, addresses, and management selections are consistent.

The management selection deserves particular attention. A manager-managed LLC lists its initial managers, while an LLC without managers lists its initial members. This is not simply a choice about who prepares or submits Form 205; it identifies the company’s initial governing people on the formation document.

How Different Business Scenarios Affect the Filing

A single owner plans to run the business

If the LLC will not initially have managers, Form 205 calls for each initial member and an address for each. A single-owner company still needs at least one governing person listed. The owner may also act as the organizer if eligible, but the organizer and governing-person entries serve different purposes on the certificate.

The owners appoint managers

If the LLC initially has managers, list each initial manager and an address for each. Do not list only one manager when the company has selected several initial managers. Separate the management decision from the organizer role: the organizer signs and submits the formation document, while the managers are identified as governing people.

A third party organizes the LLC

An eligible individual or legal entity can act as organizer, and the organizer does not have to be a Texas resident. This permits someone other than an owner or manager to sign the certificate. The LLC must nevertheless provide its own required management, registered-agent, office, and mailing information.

The business will use another public-facing name

The legal LLC name belongs on the certificate of formation. Plans to operate under another name should be handled as a separate naming question rather than folded into Form 205. Review how to register a DBA in Texas when an assumed name is part of the business plan. Assumed-name filings and local requirements can vary and are not established by the statewide LLC formation filing alone.

Filing Form 205 With the Texas Secretary of State

1. Confirm the entity type. Form 205 is the certificate used to form a domestic Texas limited liability company. If the intended structure is a corporation instead, compare the separate Texas corporation requirements before filing an LLC document.
2. Review the proposed name. Check it against Texas naming standards, while recognizing that an advance check is only preliminary. The Secretary of State makes the final name-availability determination during processing.
3. Secure registered-agent consent. Confirm that the selected person or entity qualifies and has consented. Verify that the registered office is a Texas street address at which process can be personally served during normal business hours.
4. Complete the management section. Select whether the LLC initially has managers, then list the correct category of governing people and their addresses.
5. Add the mailing and effectiveness information. Supply the initial mailing address for Comptroller correspondence. If the LLC should not become effective when filed, use only an authorized delayed date or condition.
6. Have an organizer execute the certificate. At least one eligible organizer must sign. Notarization is not required.
7. Select a submission method and pay the fee. Texas business-entity filings may be submitted through SOSDirect, SOSUpload, in person, by mail, or by courier. Fax submissions have not been accepted since September 15, 2025. The certificate-of-formation fee is $300, and credit-card payments incur a 2.7% convenience fee.

Keep a complete copy of what was submitted, including the exact spelling of names and all addresses. Formation-document processing time should not be assumed when scheduling a launch, contract, or other transaction. A chosen effective date and the date the filing is actually processed are important details to distinguish.

What Happens After the LLC Is Formed

Handle the EIN in the right order

The IRS directs legal entities to complete state formation before applying for an EIN. The online EIN application is free, but online access is limited to applicants whose principal place of business is in the United States or its territories and who meet the IRS responsible-party identification requirements. Consult this guide to applying for an EIN in Texas when preparing the federal application.

Do not reverse the sequence by treating an EIN application as the act that creates the Texas LLC. State formation and federal tax identification are separate processes, and the state step comes first under the IRS direction for legal entities.

Respond to Texas Comptroller registration correspondence

A newly registered Texas LLC must complete the Comptroller’s Franchise Tax Accountability Questionnaire online. The company uses the taxpayer number and FQ Webfile number provided in its registration letter, so route that correspondence to someone responsible for the follow-up and retain the identifying information.

Texas LLCs generally file Form 05-102, Public Information Report, annually by May 15. That filing generally applies even when revenue is at or below the no-tax-due threshold, subject to the Comptroller’s listed exceptions. Avoid assuming that owing no franchise tax automatically eliminates the public-information filing obligation.

Formation also does not, by itself, resolve every license, permit, assumed-name, or local requirement. Those questions vary according to the company’s activity and location and should be reviewed separately.

Common Filing Problems to Prevent

• Relying on a preliminary name result: Treat a name check as screening, not final approval. Avoid making irreversible branding decisions based only on a preliminary result.
• Naming the LLC as its own agent: The company being formed cannot serve as its own registered agent. Select a qualifying individual or entity and obtain consent.
• Using an unsuitable registered-office address: The office must be a Texas street address where process can be personally served during normal business hours. A convenient mailing destination is not enough unless it also satisfies that standard.
• Mixing management categories: List initial managers when the LLC initially has managers; otherwise, list each initial member. Include an address for every listed governing person.
• Confusing the organizer with an owner: The organizer is the individual or legal entity executing the certificate. The organizer’s role does not replace the requirement to identify the appropriate initial managers or members.
• Overlooking the requested effective date: Filing normally makes formation effective when filed unless an authorized delayed date or condition is selected. Check that the selection reflects the intended timing before signing.
• Budgeting only the base fee when paying by card: The state filing fee is $300 for all methods, but a credit-card payment also carries the 2.7% convenience fee.
• Stopping after state approval: Preserve the Comptroller registration letter, complete the required questionnaire, evaluate the EIN step, and calendar applicable franchise-tax reporting.

Final Decision Checklist

Before submitting Form 205, verify that each of these questions has a clear answer:

• Does the proposed legal name comply with Texas rules, with the understanding that availability is finally determined during processing?
• Has a qualifying registered agent consented to serve?
• Is the registered office a qualifying Texas street address for personal service during normal business hours?
• Will the LLC initially have managers, and have all required initial managers or members been listed with addresses?
• Has at least one eligible organizer been selected to sign the certificate?
• Is the initial mailing address appropriate for Comptroller correspondence?
• Should the LLC become effective when filed, or is an authorized delayed date or condition needed?
• Has an accepted submission method been chosen, with the filing fee and any applicable credit-card convenience fee accounted for?
• Who will retain the formation records, registration letter, taxpayer number, and FQ Webfile number?
• Who will complete the Franchise Tax Accountability Questionnaire and monitor applicable annual reporting?
• Will the company need to apply for an EIN after state formation?
• Do the company’s activity, public-facing name, and location call for separate permit, license, assumed-name, or local review?