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/
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 😊
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.
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/
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?
@@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.
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.
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/.
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.?
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 :)
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.
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!
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 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.
Hi Karen, Supplemental Provisions/Information is if you wanted to add extra "rules" as a part of your LLC filing. This is not commonly used. And even if you did want to have special rules, you'd want that in your Operating Agreement... so you can change them later for free... instead of having to file an amendment (and pay money) to amend the Certificate of Formation with the state.
@@kaydenise237 - No, not that. You don't need to document that there. An LLC can be used for any and all lawful purposes. You'd want to leave section 4 blank.
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.
Hi Shanika, if you have an SOS Direct account, you can change the Registered Agent's address online. Alternatively, you can file by mail and send the form to the Texas Secretary of State with a check or money order. To just change the Registered Agent's address, it's Form 408 (Change by Registered Agent to Name or Address): www.sos.state.tx.us/corp/forms/408_boc.pdf. To change the Registered Agent entirely, it's Form 401 (Change of Registered Agent/Office): www.sos.state.tx.us/corp/forms/401_boc.pdf Hope that helps :-)
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/
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.
Hi Big Blue, we won't be able to produce a video at this time, however, here is the overview. The exiting member should sell/assign their LLC Membership Interest (via a Sale or Assignment of Membership Interest form) to the remaining Member(s). The Operating Agreement should then be updated/amended. If the old Member is on the Certificate of Formation, then you can file an amendment with the state to remove them. If the LLC went from 2 Members to 1, then you should update your accountant. They'll file a final 1065 Partnership return for the LLC and then being filing taxes for the remaining member as an LLC taxed as a Sole Proprietorship. You'll also want to go to the bank with the exiting Member and remove them from the bank account. Hope that helps.
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.
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/
It depends on which address field you're talking about on the Certificate of Formation. We have them all explained here: www.llcuniversity.com/texas-llc/forms/
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.
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/
Hey I created a llc a while back and I created for a insurance business but now I am decided to use it for a income tax business. Do you think I would have to create a new one ? Thanks
Hi Alejandra, what type of insurance? Is your business/LLC authorized by the Texas Department of Insurance? Are you personally licensed? If so, what type of state license do you hold?
Okay, that's helpful to know. Was your prior LLC registered with the Department of Insurance? And do you, or any other LLC Members, hold a CPA license in the state?
Okay, thanks. It sounds like you can use the same LLC since LLCs formed in Texas can engage in any lawful activities (unless your Certificate of Formation or Operating Agreement expressly states otherwise... but that is less common) and because your new LLC does not have Members which hold state licensure for the activities being offered (aka licensed CPAs, accountants, etc. providing tax services). Hope that helps.
For signature, 1- If i file formation of LLC online, than how I am gona make the signature? 2- Signature should match my any identity document? or Can I change and do different signature for my LLC?
Hi Muhammad, it's an e-signature. You'll electronically sign your complete name. We have more details on our instructions page: www.llcuniversity.com/texas-llc/forms/
Thanks for the excellent video, Can we submit the Certificate of Formation online. and do you have a video , how to get the Seller Permit/ Reseller certificate in the State of Texas Thanks
Yes, you can file the Certificate of Formation online. We have instructions on this page: www.llcuniversity.com/texas-llc/forms/ We don't have instructions on Seller Permit, but check out TaxJar for help.
@@databrainery9676 - There are three different address fields on the Certificate of Formation: Registered Agent address, Governing Authority (owners/managers), and Organizer's address. Which one are you referring to? More info on what's what here: www.llcuniversity.com/texas-llc/registered-agent/ www.llcuniversity.com/llc-organizer-vs-member/
@@llcuniversity Looking to creating LLC for non US resident, and Creating LLC for amazon account , Amazon needs Business address, and What do you suggest , does one have to put in Governing Authority (owners/managers), and Organizer's address , same as that of register agent or address out side of USA. Thanks
@@databrainery9676 - We're not sure exactly what Amazon needs, so unfortunately, can't answer that. You can try reaching out to Doola for help. They specialize in non-US resident LLCs: www.llcuniversity.com/go/doola/
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!
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/
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.
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!
Great information. I have a question. I want to invest in real estate in Texas. I have a Nevada LLC which is the state I reside. Can I purchase Texas real estate with my Nevada LLC or do I need to form a Texas LLC?
You're very welcome. While yes, you can purchase Texas real estate with your Nevada LLC, you'll be required to register your Nevada LLC as a foreign LLC (www.llcuniversity.com/what-is-a-foreign-llc/) in Texas. You could also consider forming a new LLC if the existing LLC already owns property or has business activities (to separate liability). Hope that helps.
@@thesweetscience5361 - You're very welcome :) Feel free to use the search feature on our website too. We have more information on the website than on TH-cam.
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/
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!
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.
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
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!
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!
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!
How do I remove my spouse and son from member on the governing persons? The bank needs them to be present at the bank to be able to open a bank account and unfortunately my son is barely 4 yrs old and wife isn’t around either.
Hi David, that's done via a Certificate of Amendment (Form 424). The cost is $150. You'll also want to file a Form 8832 with the IRS to change your LLC's tax classification from Partnership to Sole Proprietorship taxation. Hope that helps.
LLC University thank you for the response and for the information. But on the form 424, do I just put their names in the delete box? And that settles it all?
@@davido6673 - Hi David, we're unable to explain exactly how to fill out a form for adding/removing members. Besides Form 424 and the item in my first reply, you will also want to amend the Operating Agreement if you have one. Hope that helps.
Do I have to file right away who the manager is when forming my LLC? Can I just list the members and then file a separate document called an "operating agreement" and list the manager there so that I can avoid having the manager of the LLC show publicly
Check out the Certificate of Formation: www.sos.state.tx.us/corp/forms/205_boc.pdf. See instructions for Article 3. You must state whether or not your LLC is member-managed or manager-managed (www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/), and you'll need to list the Governing Person(s). So you can't do what you were hoping.
Thank you ! It helped me a lot . Now my questions are , 1, do I need northwest registered agency to sign a consent to be my registered agent ? I paid them to file for me and they did . I have received the document back from SOS. Northwest didn’t give me a signed consent . So I have to ask for it ? 2) do I need to pay 30$ 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.
Hi Hawa, no, Article 3 (Governing Authority) is for the LLC Members or Managers. This will likely be you if you are going to be the LLC owner (Member). If you'd like to learn about Member-managed LLCs vs. Manager-managed LLCs, we have that information here: www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/. Hope that helps.
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!
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/
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!
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.
If you want to form a Domestic Texas Series LLC, Form 313 is incorrect. That is for the registration of a Foreign Series LLC. We don't have video on Series LLCs due to their complex nature, and gray tax obligations. We actually recommend hiring a lawyer for Series. Further, Texas does not provide a standardized form for TX Domestic Series LLCs. Instead, you must submit your own Certificate of Formation, or use their existing Certificate of Formation (Form 205), and in the "Supplemental Provisions/Information" section, add your own language which meets the Series LLC statutory requirements of Section 101.602(a)(1)-(2). Link here: www.statutes.legis.state.tx.us/Docs/BO/htm/BO.101.htm#101.602. Again, Series LLCs not only require a custom Certificate of Formation, but also a custom Operating Agreement. We don't recommend you do this yourself. What is the reason you want to form a Series? I'd way the pros and cons of a Series vs. Multiple LLCs with both an accountant and a lawyer.
205 is correct form. I have same business. I just need to add another unit time to time to the same operation type. I thought this will work perfectly for series LLC (once it setup). While Multiple LLCs you have to come up with new LLC name every time with same process as you show. Tax obligation is always complicated. Thanks!
Hey Thinh, glad I was able to help you avoid filing the wrong form ;) I hear you on the multiple names part. I plan to have series LLCs stuff in the future, but apologies we couldn't help you further right now. Best wishes with the business :)
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.
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....
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.
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.
The Registered Agent just goes in the Registered Agent section of the TX Certificate of Formation. The Governing Authority will list either the Member(s) if the LLC is Member-managed or the Manager(s) if the LLC is Manager-managed. We have more info on LLC management here: www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/. Instructions on the TX Certificate of Formation are here: www.llcuniversity.com/texas-llc/forms/. Hope that helps.
I understand, I just want to make sure I fill it out correctly, the business will consist of me and my partner that is all...My Plan was to put myself as the registered agent and both of us as members, is that ok?
@@spapoutsakisdhs - Yes, that sounds correct based on what you've shared. You are the Registered Agent for the LLC (there is just one). And you and your partner are the Members, so you would both be listed in the Governing Authority section. Hope that helps!
LLC University yes very much, I do have 1 more question, can my address for registered agent differ from my address for governing authority? I put the business address for registered agent (Normal business hour purposes) and my residential address for governing authority is that ok?
@@spapoutsakisdhs - Hi Steven, you're correct, those addresses don't have to match. The Registered Agent address must be a Texas address. The Governing Authority address(es) can be in Texas or in any state. Hope that helps.
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?
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".
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 :)
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.
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!)
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!
Here's the overview: review your Operating Agreement to check procedure for adding/removing an LLC Member. Then prepare Assignment of Membership Interest Agreement, amend Operating Agreement, amend Articles of Organization (if applicable), notify IRS if change in tax classification (if 1 Member going to 2, LLC is going from Sole Proprietorship taxation to Partnership taxation), update TX Comptroller, and update bank. It's usually a good idea to get help from a tax attorney (or attorney) on this.
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/
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!
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.
Hello there, I just explored the LLC website but couldn't find a way to get in touch with you, I have a couple of questions, please get back at me at your earliest convenience. Thanks
Hi Jorginho, we currently don't have enough staff to answer all questions at this time, however, if you'd like to a leave a question here, you can. Thanks.
ok I got another question. I have my Texas llc now (eg. Antonio Services and Operations LLC), but I'm a little confused because now Ive been told I have to file paperwork for my business name (eg. Antonio's Shoe Repair) to begin operating my business. I thought I only needed to form an llc and my business name would be just a name my business has. I already started forming business cards, website, and social media handles for my business. if this is true can you help?
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.
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
@@akhilbhakta04 - 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 :)
So clear, thank you just saved me $700
You're welcome Stella!
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.
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!!
You made this so simple. Thank you so much for the great video.
You're very welcome! Thanks for your comment :)
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.
Found my answer. Awesome. Thank you!
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.
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!
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/.
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/
Thanks for the help, you saved me and my partner so much time 🙏🏽
You are very welcome :)
You were a life saver thank You for taking the time to do this video
You're very welcome Mrs. Young :)
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.
Can you use a money order from Walmart for payment?
Yes, it doesn't matter where the money order comes from, as long as it's a money order :-)
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 :)
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.
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 :)
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!
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.
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.
Hello I have a question to ask. I was wondering if you could explain more of what section 4 is for and how come you left it blank?
Hi Karen, Supplemental Provisions/Information is if you wanted to add extra "rules" as a part of your LLC filing. This is not commonly used. And even if you did want to have special rules, you'd want that in your Operating Agreement... so you can change them later for free... instead of having to file an amendment (and pay money) to amend the Certificate of Formation with the state.
@@llcuniversity so it's explaining what all we'll be doing in our business basically?
@@kaydenise237 - No, not that. You don't need to document that there. An LLC can be used for any and all lawful purposes. You'd want to leave section 4 blank.
@@llcuniversity ok I understand now thank you
@@kaydenise237 You're welcome Karen :)
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.
This was so informative, great video!
Thanks Mariah! Glad it was helpful.
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/
Who would give this a Thumbs Down. Great Info.
Thanks Jeremy! Very kind of you!
If the registered agent address changes, what do you have to do to update that??
Hi Shanika, if you have an SOS Direct account, you can change the Registered Agent's address online. Alternatively, you can file by mail and send the form to the Texas Secretary of State with a check or money order.
To just change the Registered Agent's address, it's Form 408 (Change by Registered Agent to Name or Address): www.sos.state.tx.us/corp/forms/408_boc.pdf.
To change the Registered Agent entirely, it's Form 401 (Change of Registered Agent/Office): www.sos.state.tx.us/corp/forms/401_boc.pdf
Hope that helps :-)
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/
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.
Can you make a video on how to remove a person from a llc
Hi Big Blue, we won't be able to produce a video at this time, however, here is the overview. The exiting member should sell/assign their LLC Membership Interest (via a Sale or Assignment of Membership Interest form) to the remaining Member(s).
The Operating Agreement should then be updated/amended.
If the old Member is on the Certificate of Formation, then you can file an amendment with the state to remove them.
If the LLC went from 2 Members to 1, then you should update your accountant. They'll file a final 1065 Partnership return for the LLC and then being filing taxes for the remaining member as an LLC taxed as a Sole Proprietorship.
You'll also want to go to the bank with the exiting Member and remove them from the bank account. Hope that helps.
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 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 :)
You explained very well my friend.I wish I can have some more info from you. Thank you.
You're very welcome Ek.
Perfect!! You executed that with precision, thanks for sharing.
Thanks Mark! You're very welcome :)
Does your website include any information for pllcs
Hi Andrea, at this time we do not.
What do you do if you made the nonprofit
, but you are not old enough to legally be the organizer
Hi Rohan, I'm not sure what you mean by "made the nonprofit"? This video is about a Texas Limited Liability Company.
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/
Can I use a po box for my personal address?
It depends on which address field you're talking about on the Certificate of Formation. We have them all explained here: www.llcuniversity.com/texas-llc/forms/
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.
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/
Hey I created a llc a while back and I created for a insurance business but now I am decided to use it for a income tax business. Do you think I would have to create a new one ? Thanks
Hi Alejandra, what type of insurance? Is your business/LLC authorized by the Texas Department of Insurance? Are you personally licensed? If so, what type of state license do you hold?
LLC University
Thanks for your response and yes I have a p and c license to to sell auto and home insurance only .
Okay, that's helpful to know. Was your prior LLC registered with the Department of Insurance? And do you, or any other LLC Members, hold a CPA license in the state?
LLC University and no it was not registered with the state and no CPA
Okay, thanks. It sounds like you can use the same LLC since LLCs formed in Texas can engage in any lawful activities (unless your Certificate of Formation or Operating Agreement expressly states otherwise... but that is less common) and because your new LLC does not have Members which hold state licensure for the activities being offered (aka licensed CPAs, accountants, etc. providing tax services). Hope that helps.
For signature,
1- If i file formation of LLC online, than how I am gona make the signature?
2- Signature should match my any identity document? or Can I change and do different signature for my LLC?
Hi Muhammad, it's an e-signature. You'll electronically sign your complete name. We have more details on our instructions page: www.llcuniversity.com/texas-llc/forms/
@@llcuniversity any video on how to complete / submit application for sales permit / salea tax id for texas? Setp by step?
@@muhammadhussam2718 - Hi Muhammad, at this time, we don't cover sales tax permits.
THANK YOU SO MUCH FOR MAKING THIS SO EASY TO UNDERSTAND!
You're very welcome Brenda!
Thanks for the excellent video, Can we submit the Certificate of Formation online.
and do you have a video , how to get the Seller Permit/ Reseller certificate in the State of Texas
Thanks
Yes, you can file the Certificate of Formation online. We have instructions on this page: www.llcuniversity.com/texas-llc/forms/
We don't have instructions on Seller Permit, but check out TaxJar for help.
@@llcuniversity Thanks Do you know how one can get a UNIQUE physical address for LLC. Thanks
@@databrainery9676 - There are three different address fields on the Certificate of Formation: Registered Agent address, Governing Authority (owners/managers), and Organizer's address. Which one are you referring to?
More info on what's what here:
www.llcuniversity.com/texas-llc/registered-agent/
www.llcuniversity.com/llc-organizer-vs-member/
@@llcuniversity Looking to creating LLC for non US resident, and Creating LLC for amazon account , Amazon needs Business address,
and What do you suggest , does one have to put in Governing Authority (owners/managers), and Organizer's address , same as that of register agent or address out side of USA.
Thanks
@@databrainery9676 - We're not sure exactly what Amazon needs, so unfortunately, can't answer that. You can try reaching out to Doola for help. They specialize in non-US resident LLCs: www.llcuniversity.com/go/doola/
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!
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/
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.
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!
Omg thank you so much!! Helped out so much
You're very welcome!
Great information. I have a question. I want to invest in real estate in Texas. I have a Nevada LLC which is the state I reside. Can I purchase Texas real estate with my Nevada LLC or do I need to form a Texas LLC?
You're very welcome. While yes, you can purchase Texas real estate with your Nevada LLC, you'll be required to register your Nevada LLC as a foreign LLC (www.llcuniversity.com/what-is-a-foreign-llc/) in Texas. You could also consider forming a new LLC if the existing LLC already owns property or has business activities (to separate liability). Hope that helps.
@@llcuniversity thanks so much. I'll be checking out your other videos.
@@thesweetscience5361 - You're very welcome :) Feel free to use the search feature on our website too. We have more information on the website than on TH-cam.
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/
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/
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!
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.
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
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
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!
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!
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!
Thank you. Your video was so helpful.
You're very welcome Yodit :)
How do I remove my spouse and son from member on the governing persons? The bank needs them to be present at the bank to be able to open a bank account and unfortunately my son is barely 4 yrs old and wife isn’t around either.
Hi David, that's done via a Certificate of Amendment (Form 424). The cost is $150. You'll also want to file a Form 8832 with the IRS to change your LLC's tax classification from Partnership to Sole Proprietorship taxation. Hope that helps.
LLC University thank you for the response and for the information. But on the form 424, do I just put their names in the delete box? And that settles it all?
@@davido6673 - Hi David, we're unable to explain exactly how to fill out a form for adding/removing members. Besides Form 424 and the item in my first reply, you will also want to amend the Operating Agreement if you have one. Hope that helps.
Do I have to file right away who the manager is when forming my LLC? Can I just list the members and then file a separate document called an "operating agreement" and list the manager there so that I can avoid having the manager of the LLC show publicly
Check out the Certificate of Formation: www.sos.state.tx.us/corp/forms/205_boc.pdf. See instructions for Article 3. You must state whether or not your LLC is member-managed or manager-managed (www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/), and you'll need to list the Governing Person(s). So you can't do what you were hoping.
Thank you ! It helped me a lot . Now my questions are ,
1, do I need northwest registered agency to sign a consent to be my registered agent ? I paid them to file for me and they did . I have received the document back from SOS. Northwest didn’t give me a signed consent . So I have to ask for it ?
2) do I need to pay 30$ 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.
Can I use myself and my address as the registered agent??
Yes, you can be your own Registered Agent in Texas. We have more info here: www.llcuniversity.com/can-i-be-my-own-registered-agent-in-texas/
you couldn't have done it better.... thumbs up !! thank you for uploading it
Great comment!! Thanks man! Really appreciate the kind words :)
Thank you so much for this tutorial. It was very helpful. Awesome job!
You're very welcome Araceli! Thank you :)
Still a little confused. Can I use commercial registered agent address in governing 1?
Hi Hawa, no, Article 3 (Governing Authority) is for the LLC Members or Managers. This will likely be you if you are going to be the LLC owner (Member). If you'd like to learn about Member-managed LLCs vs. Manager-managed LLCs, we have that information here: www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/. Hope that helps.
LLC University thank you
You're welcome Hawa :)
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.
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!
Very good job. Thanks for a job well done. The best I’ve seen on TH-cam.
Thanks Russell!
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/
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!
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!
The form I found is 313_boc.pdf that is series llc
If you want to form a Domestic Texas Series LLC, Form 313 is incorrect. That is for the registration of a Foreign Series LLC. We don't have video on Series LLCs due to their complex nature, and gray tax obligations. We actually recommend hiring a lawyer for Series. Further, Texas does not provide a standardized form for TX Domestic Series LLCs. Instead, you must submit your own Certificate of Formation, or use their existing Certificate of Formation (Form 205), and in the "Supplemental Provisions/Information" section, add your own language which meets the Series LLC statutory requirements of Section 101.602(a)(1)-(2). Link here: www.statutes.legis.state.tx.us/Docs/BO/htm/BO.101.htm#101.602. Again, Series LLCs not only require a custom Certificate of Formation, but also a custom Operating Agreement. We don't recommend you do this yourself. What is the reason you want to form a Series? I'd way the pros and cons of a Series vs. Multiple LLCs with both an accountant and a lawyer.
205 is correct form.
I have same business. I just need to add another unit time to time to the same operation type. I thought this will work perfectly for series LLC (once it setup). While Multiple LLCs you have to come up with new LLC name every time with same process as you show.
Tax obligation is always complicated.
Thanks!
Hey Thinh, glad I was able to help you avoid filing the wrong form ;) I hear you on the multiple names part. I plan to have series LLCs stuff in the future, but apologies we couldn't help you further right now. Best wishes with the business :)
Thank you so much.. this was very helpful
You're very welcome!
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.
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 :)
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 :)
Simple and clear instructions. Thank you.
You're welcome Gerard!
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.
Where is it that I need to send this ?
Hi Isai, we have mailing instructions on this page:
www.llcuniversity.com/texas-llc/forms/
Please look for "How to form a Texas LLC by mail"
If I am the registered agent for my LLC, do I also put my name down as a governing authority? Or would I just put my partners name there as a member?
The Registered Agent just goes in the Registered Agent section of the TX Certificate of Formation. The Governing Authority will list either the Member(s) if the LLC is Member-managed or the Manager(s) if the LLC is Manager-managed. We have more info on LLC management here: www.llcuniversity.com/member-managed-llc-or-manager-managed-llc/. Instructions on the TX Certificate of Formation are here: www.llcuniversity.com/texas-llc/forms/. Hope that helps.
I understand, I just want to make sure I fill it out correctly, the business will consist of me and my partner that is all...My Plan was to put myself as the registered agent and both of us as members, is that ok?
@@spapoutsakisdhs - Yes, that sounds correct based on what you've shared. You are the Registered Agent for the LLC (there is just one). And you and your partner are the Members, so you would both be listed in the Governing Authority section. Hope that helps!
LLC University yes very much, I do have 1 more question, can my address for registered agent differ from my address for governing authority? I put the business address for registered agent (Normal business hour purposes) and my residential address for governing authority is that ok?
@@spapoutsakisdhs - Hi Steven, you're correct, those addresses don't have to match. The Registered Agent address must be a Texas address. The Governing Authority address(es) can be in Texas or in any state. Hope that helps.
I used my home address for my LLC, can I use the same address for the "registered agent address?"
Hi Gersom, yes, you can be your LLC's Registered Agent in Texas.
Thank you, you helped further a new entrepreneur!
Heck yeah!! You're very welcome Jules :)
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 :)
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.
Where should I put my business address on this document?
Hey man, check out website out. We have far more step-by-step instructions: www.llcuniversity.com/texas-llc/. 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 :)
How do I add a member to my LLC in Texas? @llc university
Here's the overview: review your Operating Agreement to check procedure for adding/removing an LLC Member. Then prepare Assignment of Membership Interest Agreement, amend Operating Agreement, amend Articles of Organization (if applicable), notify IRS if change in tax classification (if 1 Member going to 2, LLC is going from Sole Proprietorship taxation to Partnership taxation), update TX Comptroller, and update bank. It's usually a good idea to get help from a tax attorney (or attorney) on this.
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
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!
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.
Hello there, I just explored the LLC website but couldn't find a way to get in touch with you, I have a couple of questions, please get back at me at your earliest convenience. Thanks
Hi Jorginho, we currently don't have enough staff to answer all questions at this time, however, if you'd like to a leave a question here, you can. Thanks.
is filing or forming my llc cheaper than websites like legalzoom and incfile??
Yes, since you're just paying the state filing fee instead of the state filing fee + someone else's fees.
ok I got another question. I have my Texas llc now (eg. Antonio Services and Operations LLC), but I'm a little confused because now Ive been told I have to file paperwork for my business name (eg. Antonio's Shoe Repair) to begin operating my business. I thought I only needed to form an llc and my business name would be just a name my business has. I already started forming business cards, website, and social media handles for my business. if this is true can you help?
Hey Tito, can you send a link from where you read that? Thanks.
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!
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.