Forming an LLC in Dallas occurs when owners of a business file formation documents with the Texas secretary of state. A Dallas LLC is a hybrid type of business entity that provides members of the company with operational flexibility in terms of choosing the company's management structure. Business owners of a Dallas LLC have personal asset protection against obligations, debts and liabilities that may arise while operating the company.
Verify that the name you have selected for the Dallas LLC is available for use. Call the Texas secretary of state at 512-463-5555 to confirm name availability. Choose a name for the Dallas LLC that is distinguishable from other entities that are registered with the Texas secretary of state. Add the phrase "limited liability company" or "limited company" to the legal name of the business.
Obtain and prepare a Texas certificate of formation. Fill out the certificate of formation online, or print the Texas certificate of formation using the Texas secretary of state website. Provide information about the Dallas LLC such as the exact date when the company will dissolve, unless it will operate with an unlimited existence. State the purpose for organizing the Dallas LLC, and provide the name and address of each organizer that is responsible for filing the company's certificate of formation with the Texas secretary of state. Determine whether the company will be managed by appointed members, or if the members of the Dallas LLC will control the company's daily affairs. Indicate the name and physical address of a registered agent that will accept the Dallas LLC's legal documents.
File the Dallas LLC's certificate of formation with the Texas secretary of state. Fax the Dallas LLC's certificate of formation to 512-463-5709 or mail it to P.O. Box 13697, Austin, TX, 78711-3697. Dallas LLCs may file the certificate of formation online or in person at the James Earl Rudder Office Bldg., 1019 Brazos, Austin, TX, 78701. As of 2010, Dallas LLCs are required to pay $300 to file a certificate of formation with the Texas secretary of state.
Create an operating agreement that establishes rules and regulations for running the Dallas LLC. (The state of Texas does not impose specific requirements in terms of the contents of a Dallas LLC's operating agreement.) Include information in the operating agreement such as the voting rights of the company's members, the duties of the managers and how the Dallas LLC will divide the company's profits amongst its members. Maintain the operating agreement at the Dallas LLC's main business location.
Secure an employer identification number from the Internal Revenue Service. The fastest way for a Dallas LLC to acquire an EIN is to apply online using the IRS website, or by calling 800-829-4933. State the legal name and principal address of the business, as well as the date when the Dallas LLC was formed. Provide a description of the Dallas LLC's business activities and indicate the number of people that work for the company. Supply the social security number, name and address of an authorized representative of the Dallas LLC. The IRS will issue the Dallas LLC's EIN as soon as the online or telephone session concludes.