Texas LLC - Formation Documents
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- เผยแพร่เมื่อ 15 มิ.ย. 2016
- Step-by-step instructions: www.llcuniversity.com/texas-l...
To form an LLC in Texas, file your Certificate of Formation with the Secretary of State.
Certificate of Formation:
www.sos.state.tx.us/corp/forms...
Consent to Serve as Registered Agent:
www.sos.state.tx.us/corp/forms...
Your Texas LLC is required to list a Registered Office and a Registered Agent in your Certificate of Formation. A Registered Agent is a person or a company who agrees to accept legal mail and important documents on behalf of your LLC.
The Registered Office is a physical address (cannot be a PO Box) located in Texas.
The Registered Agent is located at the Registered Office and is generally accessible during normal business hours.
You, as an individual, can be your LLC’s Registered Agent. However, your LLC cannot be its own Registered Agent.
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-- COMMERCIAL REGISTERED AGENT --
We recommend Northwest Registered Agent:
www.llcuniversity.com/go/texa...
(using a Registered Agent offers a degree of privacy when forming your Texas LLC)
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-- FILING FEE --
$300
-- ACCEPTED FORMS OF PAYMENT --
Check or Money Order
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-- FILING INSTRUCTIONS --
Mail two (2) copies of your Certificate of Formation and your check or money order for $300 made payable to the “Secretary of State” to:
Corporations Sections
Secretary of State
PO Box 13697
Austin, TX 78711
The “Consent to Serve as Registered Agent” form does not need to be mailed in with your Certificate of Formation. In fact, you don’t need to mail this document anywhere. It is an “internal document”, meaning you will just need to keep it with your business records.
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-- EXPECTED APPROVAL TIME --
You will usually receive approval of your filing within 5-7 business days.
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-- WHAT DOES APPROVAL LOOK LIKE --
Once you mail the filing fee, along with two (2) completed copies of the Certificate of Formation, you can expect two things:
First, within 5-7 business days, the State will send you back a copy of the Certificate of Formation with a stamp of approval. Second, in approximately two (2) months, you will get a letter from the Texas State Comptroller (the division responsible for tax related items).
This letter will instruct you on filing your annual Franchise Tax Report, which all LLCs in Texas are required to file.
Your LLC is now a legally formed business in the State of Texas.
Until you have confirmation your LLC has been officially approved, do not order your EIN (Federal Tax ID Number) or start to use your LLC for business purposes.
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-- ANNUAL REPORTING & TAXES --
Even if your LLC does not generate revenue or have business activity within a given tax year, you will still be required to file this annual paperwork with the State.
We highly recommend that you hire a tax professional when dealing with taxes for your LLC.
Your LLC is required to file two (2) documents on a yearly basis.
The first is the Franchise Tax Report which is filed with the Texas State Comptroller, not the Corporations Section.
The second is a Public Information Report (or PIR) that must also be submitted with the Franchise Tax Report.
These reports are not easy to complete yourself.
They are tax documents and we recommend you get help from your accountant or tax professional because you will need to decipher gross receipts, dividends, interest, losses, gains and other financial details.
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-- TEXAS SECRETARY OF STATE --
512-463-5555
www.sos.state.tx.us/corp/conta...
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-- NEXT STEP --
Once your LLC is approved, you can proceed to the next Lesson:
• LLC Operating Agreemen...
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-- DISCLAIMER --
This information is provided for educational purposes only and in no way constitutes legal, tax, or financial advice. For legal, tax, or financial advice specific to your business needs, we encourage you to consult with a licensed attorney and/or CPA in your state.
LLC University® is a registered trademark of LLCU Media Group, LLC.
© LLCU Media Group, LLC. All rights reserved.
www.llcuniversity.com
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Hey folks, make sure to check the site for most up-to-date information: www.llcuniversity.com/texas-llc/forms/. Or select your state and start forming your LLC with our free guides: www.llcuniversity.com/
You’ve explained this perfectly and straight forward. I really Appreciate your efforts
@@akhilbhakta6379 - How is "them"? I don't fully understand the question.
I am in tears 😭 of pure joy! This video has been HANDS DOWN the BEST VIDEO in helping me with my LLC❤️. I am already registered with the State Comptroller as a Sole Proprietor 🥰🥰🥰. THANK YOU THANK YOU THANK YOU 😊
WOW!! Thank you so much for the kind words!! So glad we could help! :-)
This is one of the most useful videos I've ever seen on TH-cam. Great job!
Thanks so much Tim! So glad to hear :)
THANK YOU FOR THIS AMAZING VIDEO!!
The information is clear, well paced, and very easy to follow. You have saved me time and money!
Thank you for the awesome comment Steven! Glad it was so helpful :)
This video has been the most informative video I have found online! I appreciate the walk through on filling out The Certification of Formation. Thank you!!!!
Awesome to hear Bella! You're very welcome Bella :) Make sure to check out our entire Texas LLC course: www.llcuniversity.com/texas-llc/ (see "Detailed Lessons" at top) for other steps in the Texas LLC formation process. Hope that helps.
So clear, thank you just saved me $700
You're welcome Stella!
It’s 2021 and this video is still valid. You can also follow along with this video when filling online as well. Perfect! Thank you.
Yes ma'am! And we have the online filing instructions here: www.llcuniversity.com/texas-llc/forms/
Thank you for taking the time to show the STEP by STEP process. It helped me a lot as I was a bit confused. Thankfully we are able to do it online now through SOS Direct.
You're very welcome! Yes, SOS Direct is a big help. We don't have a video on SOS Direct yet, but we have the instructions on our site: www.llcuniversity.com/texas-llc/forms/
Hi Matt! Thank you for this very valuable information! So helpful. Much appreciated!
Hey Jacqui! You're very welcome!!
Its very very clear, useful and helpful to form LLC.
Hi Muhammad, awesome! Glad to hear the information was helpful! Our full texas course is here: www.llcuniversity.com/texas-llc/. Let me know if you need anything else.
You made this so simple. Thank you so much for the great video.
You're very welcome! Thanks for your comment :)
Thanks for the video! I filed mine online through SOS Direct but was able to use this information and apply it to the online process. Save me some headaches for sure! :D
You're very welcome! We actually teach the online filing method as well on our website. There isn't a way to change a TH-cam video without deleting and re-uploading. But glad to hear you figured it out :)
Found my answer. Awesome. Thank you!
You're very welcome :)
Much simpler and easy to understand could not be done. Thank you very much for the guidance.
Thank you! You're very welcome. If it's helpful, we've added online filing instructions for Texas LLCs on our website: www.llcuniversity.com/texas-llc/forms/.
Extremely helpful! Thank you so much!
Awesome to hear! You're welcome Chip :) We have new Texas LLC lessons published on the site too: www.llcuniversity.com/texas-llc/
THANK YOU SO MUCH FOR MAKING THIS SO EASY TO UNDERSTAND!
You're very welcome Brenda!
You were a life saver thank You for taking the time to do this video
You're very welcome Mrs. Young :)
You explained very well my friend.I wish I can have some more info from you. Thank you.
You're very welcome Ek.
Very good job. Thanks for a job well done. The best I’ve seen on TH-cam.
Thanks Russell!
Perfect!! You executed that with precision, thanks for sharing.
Thanks Mark! You're very welcome :)
Thank you so much for this tutorial. It was very helpful. Awesome job!
You're very welcome Araceli! Thank you :)
This was so informative, great video!
Thanks Mariah! Glad it was helpful.
Thank you so much for this awesome video. It was extremely helpful. Straight to the point and easy to understand.
You're very welcome Cherlyn :) Thanks!
Thanks for the help, you saved me and my partner so much time 🙏🏽
You are very welcome :)
Simple and clear instructions. Thank you.
You're welcome Gerard!
Thank you so much for showing how to do it on my own dude I was super confused with all these other videos.
You're welcome Nestor! More Texas LLC resources are here: www.llcuniversity.com/texas-llc/. Just follow the "detailed lessons" towards the top of the page. Hope that helps!
Very simple and great video! Thank you!
Thanks Pavel! Our goal is make the "mumbo jumbo" simple, easy to understand, and actionable :) Did you file your TX LLC yet? Make sure to check out the course on our website. It includes the Operating Agreement and EIN instructions. Let me know if you need anything else.
Thank you for this very helpful.
You're very welcome!
Thank you for this easy to understand video!
You're welcome Rashida! If you prefer to file your Texas LLC online, we've added those instructions here: www.llcuniversity.com/texas-llc/forms/. Hope that helps!
Thank you so much.. this was very helpful
You're very welcome!
you couldn't have done it better.... thumbs up !! thank you for uploading it
Great comment!! Thanks man! Really appreciate the kind words :)
Great video! Thank you for creating this. First time planning to form an LLC and videos like these make it so much more easy to digest.
Hey Kevin, awesome to hear! You're welcome. We have some newer content on the site too: www.llcuniversity.com/texas-llc/
Easy instructions, great video!
Thanks Christina, glad it was helpful!
Thank you. Your video was so helpful.
You're very welcome Yodit :)
Omg thank you so much!! Helped out so much
You're very welcome!
Thank you, you helped further a new entrepreneur!
Heck yeah!! You're very welcome Jules :)
Very helpful, I thank you so much!
You're very welcome!
THANK YOU MAN... REALLY HELPFUL
You're very welcome!
Awesome information. Thank you.
You're very welcome!
Thank you! so helpful
You're very welcome!
thank you so much, very useful..
You're very welcome!
this was very helpful ty
You're welcome :)
Clear precise and no guesswork!!!! I'd pay you if I could just for the info!!!
What an amazing comment Michelle! Thank you! We have even more free info on Texas LLCs in our DIY course: www.llcuniversity.com/texas-llc/ ;) Hope that helps!
Hi! Thank you for this video🙌🏽. Very helpful. This can also be done online instead of using the mailing option correct?
You're very welcome Jaé! Yes, this can be filed online via the SOS Direct. We just don't have a video on it yet. Hope that helps :)
Thank you again
So clear. Thank you.
You're very welcome!
This was super helpful! So if I create and LLC in the month of June, can I include all business expenses/losses for the entire year for tax purposes? Or will the business items take effect only AFTER approval is received from the state?
Hi Kel, you can file part of the year as a Sole Proprietorship and part of the year as the LLC. It'll likely be two Schedule Cs, however, make sure you speak with an accountant about it.
Thank you ! It helped me a lot . Now my questions are ,
1, do I need northwest registered agency to sign a consent to be my registered agent ? I paid them to file for me and they did . I have received the document back from SOS. Northwest didn’t give me a signed consent . So I have to ask for it ?
2) do I need to pay 30$ to request a certificate of articles ( like Florida state , I have watched you talking about requesting a certificate with 30$, why Texas don’t need to ?) thank you very much
Hi Feather, I'd shoot them an email and ask for a copy. Keep with your records if ever needed. You don't need a certified copy of your Articles of Organization (in TX or FL). It's just in our FL videos since it's a checkbox (optional) in the FL Articles of Organization. That's why we mentioned it. They are rarely needed for most people.
Thank you for making this video, it's very well explained.
Where is it that you select how the LLC is going to be taxed? If either as a pass through, or as s-corp
Thank you
You're welcome! Great question. That would be done when you apply for the LLC's EIN Number with the IRS (see here: www.llcuniversity.com/texas-llc/federal-tax-id-number-ein/). Actually, what happens here is you'll tell the IRS how many members your LLC has (and in Texas, whether or not they are husband and wife). Based off that, your LLC will have a "default tax election" (typically an LLC taxed as a Sole Proprietorship or an LLC taxed as a Partnership). If you want to elect to have your LLC taxed as an S-Corp, that would be done afterward. We have info on an LLC with S-Corp election here: www.llcuniversity.com/irs/llc-taxed-as-s-corp-form-2553/. Hope that helps!
It sure did help! Very clear again.
Thank you!
You're welcome :)
thank you so much
You're welcome!
Awesome video, I have a question, I filed for my LLC before I saw your video and on my certificate of formation on manager 2 I put the name of my business. Will I need to redo my LLC?
Thanks Lydia! Your LLC cannot be it's own Registered Agent, so you're filing will be rejected. Wait for the state to send you back correspondence with instructions on how to correct. We have info on the 3 options for who can be your LLC's Registered Agent in Texas here: www.llcuniversity.com/texas-llc/registered-agent/. Hope that helps!
Great info!
Glad it was helpful Rudy!
Who would give this a Thumbs Down. Great Info.
Thanks Jeremy! Very kind of you!
Can you add videos how to file Series LLC in Texas?
That will be great.
Hey Thinh, we don't cover Series LLCs right now, as mentioned in your other comment. We recommend you hire an accountant and lawyer for assistance, as these are so easily screwed up. General info on TX Series LLCs, can be found on the state's website: www.sos.state.tx.us/corp/formationfaqs.shtml#LLC
Great info. I was wondering if you have any information on reinstating a Texas LLC. I think I have the gist of it but feel like I;m missing something. Any ideas would be appreciated....thanks.
Hey Ben, we don't have into on Texas LLC reinstatement at this time, but this guide may help: www.northwestregisteredagent.com/reinstate-revive-texas-llc.html. I also recommend calling the Corporation Section to double-check on the forms, steps, and fees. Cheers!
So currently its 11-8-20, if i understood correctly, it would be best to submit the paper work as early as Jan or very late December correct? Would rather not fill out more tax paper work for 2020.
Hey Abram, correct, you'd want your LLC to have an effective date in 2021. However, you can actually file your LLC now (via the online filing) and use a "delayed effective date" of 1/1/2021. We have the instructions here: www.llcuniversity.com/texas-llc/forms/. Hope that helps!
That is an awesome video. You may want to add about veterans as I stumble about the waived fee in the comments. Also, what happens if my name is already taken. Do we play mail tag until I find one that is not taken...can I search first before mailing? Thank you so much! Julian
Thanks Julian! Challenging to add info to videos, but we do have the veteran info on our website. There's 3 ways to check Texas LLC name availability. More details here: www.llcuniversity.com/texas-llc/search/. Hope that helps.
Thank you for your video! I do have a question though. If my brother and I are forming an llc together which form should we fill out? Thanks in advance.
Hi Destiny, regardless of how many Members there are in the Texas LLC, the form is the same. It's the Certificate of Formation. It can be filed online or by mail. We have instructions here: www.llcuniversity.com/texas-llc/forms/
Great work! In state of TX - can the LLC certificate of formation be done online on the Secretary of State Website?
Yes sir! Full updates and instructions here: www.llcuniversity.com/texas-llc/
Hi,will the filling/formation procedure(as you told in video) same for US non resident for LLC ?
2nd question,will a non US resident file annual tax return on behalf of LLC even if hez getting revenue in his native country directly...???
Hi Muzammil, yes the process is the same. You can also file online. We have instructions here: www.llcuniversity.com/texas-llc/forms/
Here are pages we have for non-US residents:
www.llcuniversity.com/irs/how-to-apply-for-ein-without-ssn/
www.llcuniversity.com/foreigners/open-us-bank-account-llc-non-resident/
www.llcuniversity.com/irs/form-5472-foreign-owned-llc/
You'll need to speak with an accountant (who works with non-US residents) regarding the tax details. It's not something we cover. Thank you for your understanding.
I have a question, For the 'Governing person' & 'Organizer section', it will be me. Do I have to list my personal mailing address on those fields?. Can I use the mailing address i have set up for this new llc for those fields? Or is it mandatory for it to be my home address.
Hey Kingzley, good question. The address doesn't have to be a home address. It can any address you'd like. In fact, this is what the state says on the form instructions: "Please note that a document on file with the secretary of state is a public record that is subject to public access and disclosure. When providing address information for a manager or member, use a business or post office box address rather than a residence address if privacy concerns are an issue." We have more info on privacy on this page: www.llcuniversity.com/texas-llc/registered-agent/. Hope that helps.
In Article 3 with "B" checked - What if I have 4 "Governing Person"s? Can I print an additional page 5 to send in with the 4th person listed there?
Hi Amy, great question. Yes, you can type it up on a 2nd sheet of paper and in the "Supplemental Provisions/Information" write "See Attached". Hope that helps!
Hey this video is amazing. I have one question. In Article 3: Governing Authority, when you list yourself, do you add your address (personal or P.O Box) or the address to your registered agent?
Thanks LaRoderick! It depends. Which Registered Agent company did you hire?
@@llcuniversity Northwest Registered
@@lvk001 Okay, thank you. Most Registered Agents won't allow this, however, Northwest Registered Agent will allow you to use their address (with your name) in the Governing Authority section. Hope that helps.
Quick question that I tried to post on your site. Do you have to file an application for name reservation? I've verified the name I want to use is available.
Hey Jonathan, nope. Not required. You can call the state or do a name search to check clearance and then just file the Certificate of Formation. We have more details here: www.llcuniversity.com/texas-llc/search/
What are "Managers" in Article 3? I am opening a security company and in Texas, I require someone with a Manager Security Guard License but I would still be the owner. Is this what it is referring to? or still continue as Option B with me as the sole Member?
Article 3 is about "Governing Authority", aka, stating whether your LLC will be managed by its members (the owners), which is called a Member-Managed LLC, or if it will be managed by managers, which is called a Manager-Managed LLC. This is completely different that the term "Manager Security Guard License" in your industry. And yes, most sole member LLCs elect B, stating the company will be governed by it's members. If you'd like to read more about LLC management, please see this article: www.llcuniversity.com/llc-members-managing-members-and-managers/
Do I have to file right away who the manager is when forming my LLC? Can I just list the members and then file a separate document called an "operating agreement" and list the manager there so that I can avoid having the manager of the LLC show publicly
Check out the Certificate of Formation: www.sos.state.tx.us/corp/forms/205_boc.pdf. See instructions for Article 3. You must state whether or not your LLC is member-managed or manager-managed (www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/), and you'll need to list the Governing Person(s). So you can't do what you were hoping.
Thank you for the information and the video. I have a question that I hope you can help me with in regards to my LLC.
I filled the business this October and received the Certificate of Formation and everything by the State Secretary but I actually messed up and put restaurant on my business because I thought you needed to mention the type of business it would be on the name just like LLC. I recently found out that this is not necessary to be part of mine apart from LLC. I'm reading on the Texas SOS website and all I found was a way to file a "Correction" and the other an "Amendment" but the amendement is $150 vs the correction is $15, what can I do in this situation? Please help. Thank you in advance.
Hi Luis, you're very welcome! Because the LLC was recently formed, you should file a Certificate of Correction first. If the examiner believes it was a "mistake" (they are usually pretty friendly about it since it was recent), they'll make the change for you. If for some reason the Certificate of Correction is rejected, you'll need to file a Certificate of Amendment. Hope that helps!
Hi, for the governing person's address should I use my personal address, my p.o. box, or the business' address? I want to be compliant for loan applications but I am not sure which address to put for the governing authority or organizer.
Hi Khalil, the state will accept any type of address for the Governing Person, however, you may want to double check with the financial institutions to see if they have anything in particular they are looking for.
Hello, if forming a Single Member LLC the annual reporting to Texas Comptroller is still required?
Yes, that is correct. All LLCs must file, regardless of how many Members there are.
Thanks
You're welcome Nikki!
Can you instruct on how to add someone on care as a board of Director and a officer? This is different than a manager right?
Those titles aren't used in an LLC. An LLC has Members and/or Managers. We have a page about it here: www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/
Hey, loved the tutorial. I have a question. It is giving me an error in my uploading the file. it says " corp_master_file_layout document" what does that mean and how do I solve that? Thank you.
Thanks Celia! I'm not sure what that error is actually. Feel free to try again and reference our instructions here: www.llcuniversity.com/texas-llc/forms/
If you still have issues, I recommend calling the Secretary of State next week about it. Hope that helps.
Thank you for this video! Where can I use a PO Box on this form? I've read that it can be used, and this form's instructions also make mention of where a PO Box can be used. Will you please clarify?
Hi Diana, you're very welcome :) It can't be used for the Registered Agent address, but it can be used in the Governing Authority section. We actually have more details on that here: www.llcuniversity.com/texas-llc/forms/
He's right. I've also heard the when you want to get business credit lines that you build over time, the companies that you apply for don't accept a P.O Box when you apply for a credit line.
LLC university! Please help me on this one! On the governing authority section i used a p.o box office address to hide my home address from public view. Did i do that right or how can i use a p.o box address instead of my home address to hide from public view and use a p.o address as my business address? can i do that? I do not want to use my home address. thank you, also i am the only member
Hi Ron, you can use a PO Box address for the Governing Authority section, however, you can't use a PO Box address for Article 2 (Registered Agent and Registered Office). If you'd like privacy, I recommend hiring a Commercial Registered Agent. We have recommendations here: www.llcuniversity.com/llc-registered-agent/. You'll also be able to use the Registered Agent's address for yourself in the Organizer section. Now, not all companies allow this, but the companies that we recommend do. If you'd like more info on what an LLC Organizer is, please see here: www.llcuniversity.com/llc-organizer-vs-member/. Hope that helps!
Great vid.. Just to confirm here. In section Article 1, we will put our name as LLC correct? Not just the name we want to use? Im asking because; technically, its not an LLC yet. So, making sure it's okay to say LLC....
Lol disregard that question. I just notice on the application it said do so.. Great video though.
Hi Terrance, happy to hear you figured it out. If you need anything else, just let us know :)
Okay, Thanks sir..
You are welcome Terrance :)
Hello, do you have to submit duplicate copies if filing online as apposed to mailing?
Nope, no duplicate copy needed if filing the Certificate of Formation online.
So if I were to send this form through the mail, do I send a money order for the filing fee or is there somewhere online where I am able to pay?
Hi David, if you submit the form by mail, you'd pay with a check or money order. You can also file online and pay online too. Those instructions are here: www.llcuniversity.com/texas-llc/forms/
I have formed my LLC with an organizer that no longer works with me. How do I change the organizer and what would you recommend?
Hi Jose, the Organizer is a one-time thing. It can't be changed. It's not required, but having that person sign a Statement of LLC Organizer (www.llcuniversity.com/statement-of-llc-organizer/) may be helpful going forward.
When should a you file as a Married Couple Single Member LLC as opposed to a Qualified Joint Venture LLC?
Hi Chenika, we cover that here: www.llcuniversity.com/irs/qualified-joint-venture-husband-wife-llc/. Hope that helps.
Hey, Is there any way you can change the address in Texas online, or it is just the 401 form?
Kind regards
Hi Natrya, yes, you can file a change of Registered Agent/Office online via SOS Direct. You'll enter your file number, click "File Document", then select change of Registered Agent. Hope that helps!
hi, there. for article 4, I did not specify what the purpose of my business is, just like in your video. Will this be a problem getting approved?
No, you won't have any issues getting your LLC approved. Article 4 actually states the purpose of the LLC is "any and all lawful purposes". However, you can add more specificity in the "Supplemental Provisions/Information" section, but it's not required. Hope that helps.
Thank you!
does one have to file a dba, if you already have an llc in Texas?
Hi Joseph, you only need to file a DBA if you wish to do business under a name other than your LLC name. If you, you will just do business under the name of the LLC. Hope that helps.
Can form 205 still be submitted with one member living in Tx and another member living in an outside state?
Hi Kyle, yes, that's certainly okay. The Members can be located in any state or in any country. The only address which must be a Texas address is the Registered Agent address. More info on that part here if helpful: www.llcuniversity.com/texas-llc/registered-agent/. Hope that helps.
The form only has spaces for 3 members information. What to do if we have 4 members?
Make a copy of page 5. Cross out the "2" to the right of "Governing Person 2" and write a number "4". Include this with your filing. Hope that helps!
So what if your a single member but have someone your gona have manage the company would you list that persons name even tho that person will not be a member? Thankyou for all the info
Hi Adrian, yes, in Article 3 of the Certificate of Formation, you'd check off A ("The limited liability company will have managers"), then list the Manager's info in the "Governing Person 1" box. You would not list yourself as a Governing Person since you are not the manager (but you are still the owner/member, as dictated in your Operating Agreement). Hope that helps.
LLC University you have no idea how much that actually did help me, ive been searching all over the net tryin to find the answere to that question and nothing. You have been a big help in me setting up and getting together what i need to form my llc thank you for sharing your knowledge with the rest of us!
Awesome to hear man! Glad I help you get to the bottom of it. Best wishes with the business Adrian!
What if you don’t have a business address? The business in question is a vending machine business, would I put my apartment? I send my mail to the ups store out of convenience
Hi Jahlessa, it doesn't have to be a business address. It can be a home address, your mailbox address, or the address of your Commercial Registered Agent. We have more details on all that here: www.llcuniversity.com/texas-llc/forms/. Hope that helps.
Still totally confused on one last thing... if my end goal is an S Corp in Texas, should my initial filing be an LLC or a Corporation? Help!!! I can't seem to get a straight answer. (thanks in advance!)
Hi John, both an LLC and a C-Corporation can be taxed as an S-Corporation. What business are you in?
I had decided that an LLC was best for my situation, and was reading some confusing information that used confusing language but I figured everything out! Thank you very much for the informative videos and for the quick reply!
That's great to hear! Glad you got through. I understand... there is certainly a lot of information, especially at the start. You're welcome :)
Can I print the form "front to back"? That way it only takes 3 sheets of paper.
If you mean double-sided, no, don't do that. Single-sided printing only. Hope that helps.
Thank you for the video!! Can this be completed online. If yes where? I am trying to avoid secondary fees from websites that charge to complete the forms for you
Also, for the “organizer section”. Does an organizer mean he or she is the person in charge cuz for instance I am the one doing the paperwork but I hold less % ownership in the company. So should I list myself or the person that holds most of the ownership for “organizer”?
Hi Izaak, yes, you can file your Texas LLC online with the Corporations Section. It's called SOS Direct. Here's the link: direct.sos.state.tx.us/acct/acct-login.asp. Click the link at the bottom ("request for SOSDirect Account") to create an account. You have to enter your credit card before getting to the filing. It's kind of a weird user-experience. But don't worry, they will not change your card unless you actually complete the online LLC filing. Also, you can follow the instructions we've placed on the LLC University website: www.llcuniversity.com/texas-llc/
The Organizer may (or may not) be a Member. The Organizer is simply the person or company who has filed the Certificate of Formation with the Texas Corporations Section. We've broken this down and explained it further here: www.llcuniversity.com/llc-organizer-vs-member/
Izaak Ruiz p
Thank you for the video, its very helpful!! just a quick question, what address can i use for the governing person address, (I don't have a texas address yet), can I use the registered agent's(My friend's) address? and will this address be public?
Hi Li, yes, whatever information is entered on Form 205 (Certificate of Formation) becomes public record. You can use pretty much any address for the address of the governing person(s). Depending on what Registered Agent you use, some will let you use their address for the governing person (some won't... and some may charge extra). We have Texas Registered Agent recommendations here: www.llcuniversity.com/texas-llc/. Hope that helps!
Thank you so much for responding, I guess what i want to know is if i can use a Non-texas address for governing person, (like an address in NYS) . Thanks again.
You're welcome Li! Yes, the address for governing persons can be located in any state.
How about the address for organizer, it can also be out of state right?
Yup, for Texas LLCs, the Organizer's address can be out of state.
If I had legal zoom file my Buisness name do I. Still need to complete both documents?
Hi Nina, what do you mean by business name? Was that a Fictitious Name (aka DBA) for you? If so, that's a Sole Proprietorship business. These forms are for forming an LLC.
I think these two pages will make things more clear:
www.llcuniversity.com/llc-vs-sole-proprietorship-vs-corporation/
www.llcuniversity.com/dba/do-i-need-to-file-a-dba/
What happens if the form was signed by a CPA under Organizer?
That's very common. The CPA was simply the Organizer, the person who submitted the docs to the Secretary of State. They have no control over the LLC and no authority once the LLC goes into existence. They should have provided an Initial Resolution or Statement of Organizer, documenting the completing of their role and appointing the LLC Members (although not required). The LLC ownership is controlled via the Operating Agreement. We have more info here: www.llcuniversity.com/llc-organizer-vs-member/. Hope that helps.
So I am going to be the registered agent, can I use my home address for article 2? Cause I haven't found my business location yet.
Hi Samantha, yes, you can use your home address for Article 2. We have full details on the Texas Registered Agent on this page: www.llcuniversity.com/texas-llc/registered-agent/. Hope that helps.
@LLC University do we just submit filing fee via money order to the same mailing address?
nvm I just answered my own question
Gotcha. Glad you found it :)
Hi, I filled out the formation documents and sent out the documents last Thursday dose it take more than 5-7 business days to get the formation documents back from the Secretary of State with the Certificate of Formation stamp of approval?
Sometimes it can take a bit longer. I'd just wait a few more days. You're likely to get them this coming week. If they don't arrive, you can call the Secretary of State and make sure they sent them to the right address. Or to see if there are any delays. Hope that helps.
LLC University thank you for the information and I’ll wait for this week for the documents back this week if I will call the Secretary of State.
@@erickespinoza9155 - You're welcome Erick!
I noticed you said not to make your EIN until after this is done.. problem is, I made my EIN number before knowing about any of this. What happens now? As in how does it affect anything?
Was your LLC filed with the same name? Was it approved? If so, nothing to worry about. If not, you'll want to cancel the first EIN (www.llcuniversity.com/irs/cancel-ein/) and then get a new one. Hope that helps.
LLC University sounds good, thank you!
You're welcome Alejandra :)
Matt,
I'm a Disabled Veteran, I want to file as a single member (100% Veteran Owned) and the requirement is that to be a "veteran owned" company it has to be 100% owned by veterans. I have an investor who is a non-veteran and the idea is for him to receive a portion of the profits without ownership. Should I list him as a manger instead of a member on my Certificate of Formation LLC Form (Form 205)? Will this affect me at all as far as the requirement is concerned? I haven't found anything that relates to this scenario...Thanks!
Hi Sergio, I wouldn't list him has Manager, since this gives him authority over the business. Might want to run this by an attorney, but I'd consider a loan agreement between this person and your LLC. The rate/percentage you pay them back is based on profits. It's simpler, but I believe it still accomplishes what you're looking to do. Hope that helps.
Thanks for clearing that up!
You're welcome Sergio.
Thanks for this video .
I think I am clear on what to do now.
Thou I already ordered my EIN number before trying to get the certificate of formation. I hope it doesn't complicate me.?
It depends on what your EIN Confirmation Letter looks like. Does it have your LLC name at the top correctly?
@@llcuniversity how is it suppose to look. So I can verify if it's correct.
Because I actually paid $235 for that
@@kwumbongpearl2873 - That's not possible so it must not be the correct form. The state filing fee is $300.
@@llcuniversity $300 for EIN??
Oh woaw
I paid below the amount, hope I am doing the right thing
@@llcuniversity please what's the current address to mail the certificate of formation llc.
I’m on article 4. You don’t have the initial address on your screen I know you said to skip but no mention of initial mailing address
Hi J, you can find updated instructions here: www.llcuniversity.com/texas-llc/forms/
Hello i did not watch this video before filing the LLC, however i did not receive the Copy of certificate of formation with approval stamp and i received the Document number, acknowledgment letter and certificate of filing with filling date and effective date. are these two document valid as the LLC exists within state of Tx?
Yes, that is proof that your Texas LLC was successfully filed and approved.
Most banks require those documents below to open business checking account but i only have certificate of filing and acknowledgment letter, or am i missing something ? thanks!!
- Articles of Organization
- Certificate of Organization
- Certificate of Formation
Did you file by mail or online? If you filed by mail, did you send 1 copy of the Cert. of Formation or 2? I'll tell you how to get a stamped copy of your Certificate of Formation. That is the Texas equivalent of the "Articles of Organization".
LLC University I did everything online, do you think it will come in the mail or should give them call?
Hi Moe, if you filed online, your stamped + approved Certificate of Formation was emailed to you. If you can't find, you can get a copy via SOS Direct. After you login and enter credit card info, click on the Business Organizations link from the menu bar at the top of the page. Then click "Order - Certificates and Copies". Hope that helps :)
how can i sign the form please ?
and can i apply online instead of mailing it ?
What do you mean by "how can I sign"? You would need to complete the form, print it out, sign it, then mail to the state. Yes, a Texas LLC can be filed online via SOS Direct. direct.sos.state.tx.us/acct/acct-login.asp. Click the "request for SOSDirect Account" to get started. You'll need to enter a credit card to get started, but don't worry, they don't charge you until the end of the process.