In order to create a limited liability company (LLC) in the state of Texas, you must file certain documents with the Texas Secretary of State's office in Austin. LLCs combine the powers of a corporation with the characteristics of a partnership. Creating an LLC shields the personal assets of the its members from the company's debts, liabilities and obligations. The state of Texas allows a single person, or an unlimited number of members to create an LLC.
Select an unused business name. The Texas Secretary of State requires prospective LLCs to choose a business name that is distinguishable from other businesses registered with the state. Furthermore, the legal name of the LLC must include the words "limited liability company," or "limited company." LLCs are allowed to abbreviate "limited liability company" or "limited company." Check business name availability by calling the Texas Secretary of State at 512-463-5555. Name availability may also be confirmed by e-mailing the Texas secretary of state at email@example.com. A prospective Texas LLC may not confirm name availability online.
Download and print a certificate of formation from the Texas Secretary of State website. A blank certificate of formation may be obtained by visiting the Texas Secretary of State at: James E. Rudder Building 1019 Brazos Street Austin, TX 78701
Requests to receive a certificate of formation by mail may be completed by calling 512-463-5586. To request a certificate of formation by fax, send a letter indicating your name, address and return fax number to 512-463-5709.
Complete the certificate of formation. The certificate must include general information, such as the legal business name of the LLC and the company's principal location. Indicate whether the company will be managed by non-members, or members of the LLC. List the name and address of each LLC organizer that will be held responsible for filing the company's certificate of formation with the state. State the purpose for organizing the LLC. List the name and address of the company's registered agent that will be responsible for accepting legal process served against the LLC. The LLC's registered agent must be a natural person, or a business that is authorized to conduct transactions in the state of Texas. Each organizer must sign the completed certificate of formation.
File the completed certificate of formation with the Texas Secretary of State. Two copies must be submitted at the time of filing. The original will be retained by the Texas Secretary of State and a copy will be returned to the LLC representative. The Texas Secretary of State will endorse both copies of the LLC's certificate of formation. The completed certificate of formation may be submitted online using the Texas Secretary of State's SOS Direct system, or by faxing the document to 512-463-5709. The mailing address for the Texas secretary of state is: P.O. Box 12887 Austin, TX 78711-2887 As of 2010, applicants in Austin must pay $300 to file a certificate of formation with the Texas Secretary of State.
Contact the city of Austin to determine what local licenses and permits will be needed to operate the company. An LLC in Austin does not need to obtain a business license from the city in order to operate, according to the Austin City Connection website. However, LLCs in Austin that operate in certain areas may be required to obtain a zoning permit. Contact the Austin Zoning Review Division at 512-974-2380, or visit the Zoning Review Division in person at One Texas Center, 5th Floor, 505 Barton Springs Road in Austin.