How to form an LLC in Texas
File a Certificate of Formation with the Texas Secretary of State, Business & Public Filings Division. State filing fee $300.
Due to form
$300
State filing fee
How to file
Online or by mail
Not published; SOSPortal gives faster processing and real-time evidence of filing. Expedited documents proces…
Keeping it active
No annual report
Check state tax filings below
The steps in Texas
- 1
Choose a name
It must be distinguishable from other businesses on file and end with “Limited Liability Company”, “Limited Company”, “LLC”, “L.L.C.”, “LC”, “L.C.”, “Ltd. Co.”. Must be distinguishable; may not imply government affiliation or unauthorized purpose. Preliminary name check is not final. Professional LLC uses Form 206. You can reserve a name first for $40 (optional).
- 2
Appoint a registered agent
Texas-resident individual or entity registered in Texas; LLC cannot be its own agent. Street address in Texas where process can be served in business hours (not solely a mailbox). The agent must agree to serve — LLCPros prepares a consent for them to sign.
- 3
File the Certificate of Formation
File with the Texas Secretary of State, Business & Public Filings Division (form Form 205). You can file online or by mail. Fee: $300.
- 4
Sign an operating agreement
Not filed with the state, and not required by Texas law, but banks and partners often ask for one. LLCPros prepares one from your answers.
- 5
Get an EIN and keep up with reports
Get a free Employer Identification Number from the IRS, open a business bank account, then keep up with any state tax filings.
Fees
| Filing fee — Certificate of Formation | $300 |
| Optional: Expedited handling (per document) expedite | +$25 |
| Optional: name reservation | $40 |
SOSPortal (replaced SOSDirect Sept 29, 2026) accepts ACH or card; card fee $0.25 + 2.25%.
State taxes to know about
Franchise (margin) tax: 2026-2027 no-tax-due threshold $2,650,000; rate 0.75% (0.375% retail/wholesale); EZ rate 0.331% if revenue <= $20M.
Questions about Texas LLCs
›How much does it cost to form an LLC in Texas?
The Texas filing fee for the Certificate of Formation is $300. Optional expedited processing costs more.
›What document forms an LLC in Texas?
You file a Certificate of Formation (form Form 205) with the Texas Secretary of State, Business & Public Filings Division.
›Does Texas require a registered agent?
Yes. Texas-resident individual or entity registered in Texas; LLC cannot be its own agent. Street address in Texas where process can be served in business hours (not solely a mailbox).
Double-check with the state
We could not confirm these on an official Texas page when we last checked (November 12, 2026). Your filing plan lists them too.
- Expedited filing options and their fees
- The registered agent rules, including whether the agent must sign a consent
- Which name endings and words the state allows
- The current filing fee and any service charge
- The links to the online filing system and the state’s office