Form an LLC in Texas

Steps to form an LLC in Texas

1. 1

   Choose an LLC name and check it is available

   The name must include "LLC" or "Limited Liability Company" and must not match a business already registered in Texas. Search the state's business registry (free) before you file.

2. 2

   Appoint a Registered Agent in Texas

   This is mandatory — a registered agent is a person or company with a physical address in Texas that receives legal papers on your behalf. If you don't have an address in the state, you will need to hire a registered agent service.

3. 3

   File the Certificate of Formation

   Filing fee $300; processing time about 3–5 business days online, longer by mail. You can file online through the Secretary of State's portal or through the registered agent you hire.

4. 4

   Draft an Operating Agreement

   Texas doesn't require you to file this document with the state, but almost every bank and business partner asks for it to open accounts and confirm ownership and the members' responsibilities.

5. 5

   Get your federal tax ID (EIN)

   Apply directly with the IRS — it is free. Applicants without an SSN/ITIN can still get an EIN by fax or mail, and you need it to open a US bank account and payment platforms.

6. 6

   Track the Franchise Tax Public Information Report deadline

   Fee: Free if revenue is below the current no-tax-due threshold. Due: By May 15 every year. Filing late can get your LLC administratively dissolved by the state even if you're still doing business.