Texas LLC Documents: Certificate of Formation

Real Documents You’ll Need for a Texas LLC
Starting a business in Texas? Great! One of the first things you’ll need is the right paperwork. This paperwork is called LLC formation documents. In this guide, we’ll show you what these documents look like in Texas and compare them to other states like Delaware, Georgia, and Wyoming.
Let’s break it down in a way that’s easy to follow.
What Are LLC Documents?
Texas LLC documents are official papers you send to the state to start your business. The main form is called the Certificate of Formation. It tells the state:
- Your business name
- Who owns the business
- Who the registered agent is (the person who receives legal mail)
- Where the business is located
This form is sent to the Texas Secretary of State.
Texas LLC Documents: What You’ll Need
To form an LLC in Texas, you will need the following documents:
1. Certificate of Formation (Form 205)
This is the most important form. You file it with the Texas Secretary of State.
It includes:
- Your LLC’s name
- Who your registered agent is
- Whether your LLC is member-managed or manager-managed
- Why your LLC exists (its purpose)
- The name and address of the person filing the form
Filing Fee: $300
How to File: Online through SOSDirect or by mail
2. Operating Agreement (Optional but Smart)
This is not sent to the state, but it’s a smart document to make. It explains how your business will be run. It includes:
- Rules for voting
- How money is shared
- What to do if someone leaves the company
Even though Texas doesn’t require this, banks and investors might ask for it.
3. Employer Identification Number (EIN)
You get this from the IRS. It’s free. It’s like a Social Security number but for your business. You need this to:
- Pay employees
- Open a bank account
- File taxes
4. Franchise Tax and Annual Reports
Every year, you’ll need to file a Public Information Report and pay your Franchise Tax if your income is high enough.
Real Sample Texas Certificate of Formation
Here’s what the actual Texas Certificate of Formation looks like (Form 205):
[Insert Image of the Certificate — redact personal info]
Let’s look at the most important parts:
Section 1: LLC Name
Make sure your business name ends in “LLC” or “Limited Liability Company.”
Section 2: Registered Agent and Office
You must list a registered agent with a physical address in Texas. This person or company gets legal documents for your LLC.
Tip: You can’t use a P.O. Box. The state needs someone available during business hours.
Section 3: Governing Authority
Here, you say how your LLC will be managed:
- Member-managed (all owners share control), or
- Manager-managed (only some people run the business)
Section 4: Purpose
You can say “general purpose” to keep it broad. This means your business can do anything legal in Texas.
Section 5: Organizer
This is the person who fills out and sends the form. It could be you or someone helping you. They sign at the bottom.
Compare LLC Documents Across 4 States
Now let’s look at how Texas compares with other states like Delaware, Georgia, and Wyoming. Use this helpful slider to explore what each state needs.
1. Texas
- Main Document: Certificate of Formation
- Registered Agent Needed? Yes
- Other Info Needed: Governing authority, purpose, organizer info
2. Delaware
- Main Document: Certificate of Formation
- Registered Agent Needed? Yes, must have an address in Delaware
- Other Info Needed: Just the business name and agent – very simple!
3. Georgia
- Main Document: Articles of Organization
- Registered Agent Needed? Yes
- Other Info Needed: Business name, agent info, and a mailing address
4. Wyoming
- Main Document: Articles of Organization
- Registered Agent Needed? Yes, must have a Wyoming address
- Other Info Needed: Members’ info is not required, offering more privacy
Why You Need a Registered Agent
A registered agent is a person or company that agrees to accept legal mail for your business.
In Texas, your agent must:
- Live in Texas (or have a business here)
- Be available during normal business hours
- Have a physical address, not just a mailbox
Without one, your business won’t be approved.
Need a local Texas agent? See our Rapid office hours to get help from someone right here in the state.
What Happens After You File?
Once you send in your Certificate of Formation:
- The Secretary of State will review it
- If everything is correct, they’ll approve it
- You’ll get a stamped copy as proof
Then, you can:
- Apply for your EIN
- Open a business bank account
- Create your Operating Agreement
- Register for state taxes if needed
Common Mistakes to Avoid
Here are a few things people often mess up:
- Using a P.O. Box for your registered agent
- Forgetting to include your purpose
- Not paying the correct fee
- Not signing the document correctly
Always double-check your form before you file!
Why Choose Texas for Your LLC?
Texas is a great state for business:
- No state income tax
- Strong economy
- Large customer base
- Helpful local agents like us!
But you have to start with the right documents. And now, you know exactly what those are.
Need Help? We’re Right Here in Texas
If all this paperwork sounds confusing, don’t worry — we’ve got your back.
Need a local Texas agent? See our Rapid office hours
At Rapid Registered Agent, we:
- Are based right here in Texas
- Can serve as your registered agent
- Help you file your Certificate of Formation
- Answer questions about what documents you need
Start your LLC the right way — with a little help from locals who know the ropes.