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Form 205 is an essential document for those looking to establish a Limited Liability Company (LLC) in Texas. This form serves as the Certificate of Formation and outlines the necessary information required by the Texas Business Organizations Code. It is structured to comply with minimal statutory filing requirements, ensuring that your entity is recognized under state law. One of the major aspects of the Form 205 is the emphasis on choosing a unique name for your LLC, ensuring it is distinguishable from existing entities to avoid confusion. The form requires the designation of a registered agent, an individual or entity responsible for receiving legal documents on behalf of the company. It also stipulates governance particulars, such as whether your LLC will initially have managers or if it will be member-managed. The form provides space to detail the purpose of the LLC and even allows for any additional provisions that may be pertinent. Additionally, it outlines the filing fee, which is essential for the submission process to be completed. Through careful attention to detail and compliance with state requirements, Form 205 lays the groundwork for your business’s legal standing. Completing this form accurately is a crucial first step toward bringing your business vision to life.

205 Example

Form 205—General Information

(Certificate of Formation—Limited Liability Company)

The attached form is designed to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist.

Commentary

The limited liability company (hereinafter LLC) is neither a corporation nor a partnership; rather, it is a distinct type of entity. An LLC is governed by title 3, chapter 101 of the Texas Business Organizations Code (BOC). Title 1, chapter 3, subchapter A of the BOC governs the formation of an LLC and sets forth the provisions required or permitted to be contained in the certificate of formation.

The owners of an LLC are called “members.” An LLC may have one or more members. Members may be individuals, partnerships, corporations, and any other type of legal entity.

Taxes: LLCs are subject to a state franchise tax. Contact the Texas Comptroller of Public Accounts, Tax Assistance Section, Austin, Texas, 78774-0100, (512) 463-4600 or (800) 252-1381 for franchise tax information. For information relating to federal employer identification numbers, federal income tax filing requirements, tax publications, and forms call (800) 829-3676 or visit the Internal Revenue Service web site at www.irs.gov.

Instructions for Form

Article 1—Entity Name and Type: Provide a company name and organizational designation. The entity name must comply with the provisions of chapter 5 of the BOC and the administrative rules on entity name availability adopted by the secretary of state. Chapter 5 of the BOC requires that the entity must be distinguishable in the records from the name of any existing domestic or foreign filing entity, any fictitious name under which a foreign filing entity is registered to transact business in this state, or any name reservation or registration filed with the secretary of state. In addition, the entity name may not contain any word or phrase that by its inclusion in the name: 1) indicates or implies that the entity is engaged in a business that the entity is not authorized to pursue, or 2) falsely implies that the entity is affiliated with a governmental entity. If the entity name does not comply with these provisions, the document cannot be filed.

The administrative rules adopted for determining entity name availability (Texas Administrative Code, title 1, part 4, chapter 79, subchapter C) may be viewed at www.sos.state.tx.us/tac/index.shtml. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to corpinfo@sos.texas.gov. If the entity name does not meet the standard for availability, the document will not be filed. A final determination cannot be made until the document is received and processed by the secretary of state. Do not make financial expenditures or execute documents based on a preliminary clearance. Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person’s rights to the name.

Article 2—Registered Agent and Registered Office: The registered agent can be either (option A) a domestic entity or a foreign entity that is registered to do business in Texas or (option B) an

Form 205

Instruction Page 1 – Do not submit with filing.

individual resident of the state. The limited liability company cannot act as its own registered agent; do not enter the limited liability company name as the name of the registered agent.

Consent: A person designated as the registered agent of an entity must have consented, either in a written or electronic form, to serve as the registered agent of the entity. Although consent is required, a copy of the person’s written or electronic consent need not be submitted with the certificate of formation. The liabilities and penalties imposed by sections 4.007 and 4.008 of the BOC apply with respect to a false statement in a filing instrument that names a person as the registered agent of an entity without that person’s consent. (BOC § 5.207)

Office Address Requirements: The registered office address must be located at a street address where service of process may be personally served on the entity’s registered agent during normal business hours. Although the registered office is not required to be the entity’s principal place of business, the registered office may not be solely a mailbox service or telephone answering service (BOC § 5.201).

Article 3—Governing Authority: The certificate of formation must state whether the LLC initially has or does not have managers. If the LLC initially has managers, select option A and provide the name and address of each initial manager in the space provided. If the LLC initially does not have managers, select option B and provide the name and address of each initial member of the LLC in the space provided. A minimum of one person is required.

If the governing person is an individual, set forth the name of the individual in the format specified. Do not use prefixes (e.g., Mr., Mrs., Ms.). Use the suffix box only for titles of lineage (e.g., Jr., Sr., III) and not for other suffixes or titles (e.g., M.D., Ph.D.). If the governing person is an organization, set forth the legal name of the organization. For each governing person, only one name should be entered. Do not include both the name of an individual and the name of an organization. An address is always required for each governing person.

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.

Article 4—Purpose: An LLC may be formed for any lawful purpose or purposes not expressly prohibited under chapter 2 of title 1 or title 3 of the BOC. This form provides for the creation of an LLC with a general purpose. Please note that while the BOC allows a general purpose, other laws, including the Internal Revenue Code, may require that the certificate of formation include more specific purposes or language as a basis for granting a license or tax-exempt or tax-deductible status. The additional space provided in the “Supplemental Provisions/Information” section may be used to set forth a more specific purpose or purposes.

This form cannot be used to engage in a licensed activity when such license cannot be issued to the LLC. To form a professional limited liability to provide a professional service use Form 206.

Initial Mailing Address: Effective January 1, 2022, the certificate of formation of a filing entity must provide the initial mailing address for the entity. The initial mailing address is the address that will be used by the Comptroller of Public Accounts for sending tax information and correspondence to the entity. The initial mailing address may be a post office box or street address.

Form 205

Instruction Page 2 – Do not submit with filing.

Supplemental Provisions/Information: Additional space has been provided for additional text to an article within this form or to provide for additional articles to contain optional provisions.

Duration: Pursuant to section 3.003 of the BOC, a Texas LLC exists perpetually unless provided otherwise in the certificate of formation. If formation of an LLC with a stated period of duration is desired, use the “Supplemental Provisions/Information” section of this form to provide for a limited duration.

Organizer: Only one organizer is required for the formation of an LLC. An organizer may be any person having the capacity to contract for the person or for another; that is, a natural person 18 years of age or older, or a corporation or other legal entity. There are no residency requirements for an organizer.

Effectiveness of Filing: A certificate of formation becomes effective when filed by the secretary of state (option A). However, pursuant to sections 4.052 and 4.053 of the BOC the effectiveness of the instrument may be delayed to a specified date, or specified date and time, not more than ninety (90) days from the date the instrument is signed (option B). The effectiveness of the instrument also may be delayed on or after the occurrence of a future event or fact, including the act of any person (option C). If option C is selected, you must state the manner in which the event or fact will cause the instrument to take effect and the date of the 90th day after the date the instrument is signed. In order for the certificate to take effect under option C, the entity must, within ninety (90) days of the filing of the certificate, file a statement with the secretary of state regarding the event or fact pursuant to section 4.055 of the BOC.

On the filing of a document with a delayed effective date or condition, the computer records of the secretary of state will be changed to show the filing of the document, the date of the filing, and the future date on which the document will be effective or evidence that the effectiveness was conditioned on the occurrence of a future event or fact. In addition, at the time of such filing, the status of the entity will be shown as “in existence” on the records of the secretary of state.

Execution: The organizer must sign the certificate of formation, but it does not need to be notarized. However, before signing, please read the statements on this form carefully. The designation or appointment of a person as registered agent by an organizer is an affirmation that the person named in the certificate of formation has consented to serve in that capacity. (BOC § 5.2011)

A person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a state jail felony.

Payment and Delivery Instructions: The filing fee for a certificate of formation for an LLC is $300. Fees may be paid by personal checks, money orders, LegalEase debit cards, or American Express, Discover, MasterCard, and Visa credit cards. Checks or money orders must be payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total fees.

Submit the completed form in duplicate along with the filing fee if submitting the document by mail or by courier delivery. The form may be mailed to P.O. Box 13697, Austin, Texas 78711-3697 or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. On filing

Form 205

Instruction Page 3 – Do not submit with filing.

the document, the secretary of state will return the appropriate evidence of filing to the submitter together with a file- stamped copy of the document, if a duplicate copy was provided as instructed.

Need Faster Delivery and Processing? Use our SOSUpload system to electronically submit a PDF copy of the completed and executed document. When submitting a document through SOSUpload, do not include a copy of these instructions, a duplicate copy of the document, payment information, or personal identifying information (PII). Inclusion of this information may lead to a rejection of the document. For more information on SOSUpload, please call (512) 463-5555; email corpinfo@sos.texas.gov; or visit https://direct.sos.state.tx.us/lef/index.aspx

FYI: An LLC is required to maintain a registered agent and a registered office address in Texas. If the registered agent or registered office address changes, it is important to file a statement with the secretary of state to effect a change to the certificate of formation. Failure to maintain a registered agent and registered office may result in the involuntary termination of the LLC.

Revised 12/21

Form 205

Instruction Page 4 – Do not submit with filing.

Form 205

This space reserved for office use.

 

(Revised 12/21)

 

Submit in duplicate to:

 

Secretary of State

Certificate of Formation

P.O. Box 13697

Austin, TX 78711-3697

Limited Liability Company

512 463-5555

 

Filing Fee: $300

 

 

Article 1 – Entity Name and Type

The filing entity being formed is a limited liability company. The name of the entity is:

The name must contain the words “limited liability company,” “limited company,” or an abbreviation of one of these phrases.

Article 2 – Registered Agent and Registered Office

(See instructions. Select and complete either A or B and complete C.)

A. The initial registered agent is an organization (cannot be entity named above) by the name of:

OR

B. The initial registered agent is an individual resident of the state whose name is set forth below:

First Name

M.I.

Last Name

Suffix

C. The business address of the registered agent and the registered office address is:

TX

Street Address

City

State

Zip Code

Article 3—Governing Authority

(Select and complete either A or B and provide the name and address of each initial governing person.)

A. The limited liability company initially has managers. The name and address of each initial manager are set forth below.

B. The limited liability company does not initially have managers. The name and address of each initial member are set forth below.

INITIAL GOVERNING PERSON 1

NAME (Enter the name of either an individual or an organization, but not both.)

IF INDIVIDUAL

 

First Name

M.I.

Last Name

Suffix

 

OR

 

 

 

 

IF ORGANIZATION

 

 

 

 

 

 

 

 

 

Organization Name

 

 

 

ADDRESS

 

 

 

 

 

 

 

 

Street or Mailing Address

 

City

State Country Zip Code

Form 205

 

1

 

INITIAL GOVERNING PERSON 2

NAME (Enter the name of either an individual or an organization, but not both.)

IF INDIVIDUAL

 

First Name

M.I.

Last Name

Suffix

 

OR

 

 

 

 

IF ORGANIZATION

 

 

 

 

 

 

 

 

 

Organization Name

 

 

 

ADDRESS

 

 

 

 

 

 

 

 

Street or Mailing Address

 

City

State Country Zip Code

 

 

 

 

 

INITIAL GOVERNING PERSON 3

 

 

 

NAME (Enter the name of either an individual or an organization, but not both.)

IF INDIVIDUAL

 

First Name

M.I.

Last Name

Suffix

 

OR

 

 

 

 

IF ORGANIZATION

 

 

 

 

 

 

 

 

 

Organization Name

 

 

 

ADDRESS

 

 

 

 

 

 

 

 

Street or Mailing Address

 

City

State Country Zip Code

Article 4 – Purpose

The purpose for which the company is formed is for the transaction of any and all lawful purposes for which a limited liability company may be organized under the Texas Business Organizations Code.

Initial Mailing Address

(Provide the mailing address to which state franchise tax correspondence should be sent.)

Mailing Address

City

State

Zip Code Country

Supplemental Provisions/Information

Text Area: [The attached addendum, if any, is incorporated herein by reference.]

Form 205

2

Organizer

The name and address of the organizer:

Name

Street or Mailing Address

City

State Zip Code

Effectiveness of Filing (Select either A, B, or C.)

A. This document becomes effective when the document is filed by the secretary of state.

B. This document becomes effective at a later date, or a later date and time, not more than 90 days from the date of signing. The later effective date, or date and time is:

C. This document takes effect upon the occurrence of the future event or fact, other than the passage of time. The 90th day after the date of signing is:

The following event or fact will cause the document to take effect in the manner described below:

Execution

The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned also affirms that, to the best knowledge of the undersigned, the name provided as the name of the filing entity does not falsely imply an affiliation with a governmental entity. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized to execute the filing instrument.

Date:

Signature of organizer

Printed or typed name of organizer

Print

Reset

Form 205

3
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Form Characteristics

Fact Name Description
Governing Law This form is governed by Title 3, Chapter 101 of the Texas Business Organizations Code. It details the formation requirements for Limited Liability Companies (LLCs).
Organizers Only one organizer is required for LLC formation. An organizer can be a natural person aged 18 or older, a corporation, or another legal entity, with no residency requirement.
Registered Agent The registered agent can be a domestic or foreign entity authorized to do business in Texas, or a resident individual. The LLC cannot serve as its own agent.
Entity Duration A Texas LLC exists perpetually unless specified otherwise in the certificate of formation. This is detailed in Section 3.003 of the BOC.

Guidelines on Utilizing 205

Completing the Form 205 is necessary for establishing a limited liability company (LLC) in Texas. After filling out this form, you will need to submit it along with the required filing fee to the Secretary of State. Following these steps carefully will ensure that your submission is accurate and complete.

  1. Article 1—Entity Name and Type: Choose and enter the name for your LLC. Ensure the name includes “limited liability company,” “limited company,” or an appropriate abbreviation. Confirm that this name meets the distinctiveness requirements outlined in the Texas Business Organizations Code.
  2. Article 2—Registered Agent and Registered Office:
    • Select either A (organization) or B (individual) for the initial registered agent. Enter their name and address.
    • Fill in the registered office address where legal documents can be served.
  3. Article 3—Governing Authority: Choose either A (if there are managers) or B (if there are members). Provide the necessary names and addresses of all initial governing individuals or organizations.
  4. Article 4—Purpose: Indicate the purpose for which the LLC is formed. You can specify a general or more detailed purpose if needed.
  5. Initial Mailing Address: Provide the mailing address for the LLC. This is the address where tax information will be sent and can be a P.O. Box.
  6. Supplemental Provisions/Information: If additional information or articles are necessary, include them in this section. Otherwise, leave it blank.
  7. Organizer: Enter the name and address of the organizer. Ensure the organizer is at least 18 years old and has the capacity to contract.
  8. Effectiveness of Filing: Choose whether you want the filing to be effective immediately or if you want to specify a future effective date or event.
  9. Execution: The organizer must sign the form. There’s no need for notarization.
  10. Payment and Delivery Instructions: Prepare the payment of $300 for the filing fee. Include the payment with the completed form and submit it in duplicate to the appropriate address provided.

What You Should Know About This Form

What is Form 205?

Form 205, also known as the Certificate of Formation for a Limited Liability Company (LLC), is a document used to officially establish an LLC in Texas. It meets the minimum statutory requirements as set forth by the Texas Business Organizations Code (BOC).

Who can be a member of an LLC?

Members of an LLC can include individuals, partnerships, corporations, or other legal entities. An LLC must have at least one member, but it can have multiple members as well.

What is a registered agent, and what are the requirements?

A registered agent is a person or entity designated to receive legal documents on behalf of the LLC. The registered agent must be either a domestic or foreign entity authorized to do business in Texas or an individual resident of Texas. The LLC cannot serve as its own registered agent.

What is the purpose of the initial mailing address in Form 205?

The initial mailing address provided on Form 205 is where the Texas Comptroller of Public Accounts will send tax information and correspondence related to the LLC. It can be a street address or a post office box.

How is the entity name determined when filing Form 205?

The entity name must be distinguishable from existing business names in Texas. It cannot contain words that misrepresent the business's nature or falsely imply a connection with the government. If the chosen name does not comply, the filing will not be accepted.

Can I delay the effectiveness of the filing?

Yes, when completing Form 205, you can choose to delay the effectiveness of the filing. This can be set for a specific date within 90 days of signing or conditioned on a future event. However, you must file a statement regarding the condition within those 90 days for the delay to be valid.

What are the filing fees associated with Form 205?

The filing fee for Form 205 is $300. This fee can be paid via personal check, money order, or credit card, with a convenience fee for credit card payments. Ensure that payments are made payable to the secretary of state.

Who is responsible for signing Form 205?

Only one person, known as the organizer, is required to sign this form. The organizer can be any competent individual (18 years or older) or a corporation. Despite this requirement, the signature does not need to be notarized.

What are the consequences of not maintaining a registered agent?

It is mandatory for an LLC to maintain a registered agent and a registered office in Texas. If the registered agent or office changes without proper notification, the LLC may face involuntary termination.

Common mistakes

Filling out Form 205 can be a straightforward process, but many people make avoidable mistakes. One common error is not checking the entity name requirements. The name must comply with specific guidelines set by the Texas Business Organizations Code. If the name is too similar to an existing entity or includes restricted words, it cannot be filed. Ensuring that the name is unique and compliant is essential.

Another mistake often made involves the registered agent selection. Some people mistakenly list the limited liability company itself as its registered agent, which is not permitted. The registered agent must either be a qualified individual or another legal entity. Failing to adhere to this requirement can result in delays or rejections in processing the document.

Accuracy in identifying the governing authority is also critical. Some individuals confuse the terms "managers" and "members," especially when completing Article 3. It is important to indicate correctly whether the LLC has managers or not and to enter the proper contact information for these individuals. Omitting this information or mixing up the titles can lead to complications.

In addition, providing incorrect address information for the registered office is a frequent issue. The registered office address must be a physical location where documents can be served during normal business hours. Merely entering a mailbox service or phone answering service is not acceptable. This oversight can result in the failure to receive important legal correspondence.

People often overlook the importance of obtaining consent from the registered agent. Although it is required to have their agreement to be the registered agent, many do not submit evidence of this consent. Even though a copy of the consent is not required with the filing, being able to provide it upon request is vital.

Missing the initial mailing address is another critical mistake. As of January 1, 2022, LLCs must include an initial mailing address. This address will be used for tax correspondence. Not including this information may delay the processing of the certificate and lead to future complications in communications.

Some individuals fail to provide or specify the purpose of the LLC accurately. While a general purpose is allowed, certain legal requirements may necessitate more specific language. An LLC that is improperly formed may not be able to obtain certain licenses or tax statuses, affecting its operations in the future.

Lastly, it’s important to remember that the filing fee must be correct. The fee is $300, and if payment is not made properly, the filing will not be accepted. Ensure that a proper method of payment is used, whether through check, money order, or credit card.

Documents used along the form

When forming a Limited Liability Company (LLC) using Form 205, there are several other forms and documents that often accompany it. Each serves a specific purpose in ensuring that your LLC is compliant with state regulations and that all necessary information is properly documented. Here is a brief overview of five key forms often used with the 205 form:

  • Form 206 – Certificate of Formation for Professional Limited Liability Company: This form is used specifically for LLCs that provide professional services, such as legal or medical services. It includes additional requirements to ensure compliance with the relevant regulations in Texas.
  • Form 401 – Application for Texas Franchise Tax Account: LLCs must file this application to obtain a Texas Franchise Tax Account. This document is crucial for businesses subject to the franchise tax and is typically submitted soon after the LLC is formed.
  • Form 402 – Annual Franchise Tax Report: After the initial formation of the LLC, filing an annual report is necessary to maintain good standing. The report details the LLC's financial information and allows the state to assess the franchise tax owed.
  • Form 403 – Change of Registered Agent or Registered Office: Should the LLC need to change its registered agent or office address, this form must be filed. Maintaining current information regarding the registered agent and office is essential to avoid penalties or issues with service of process.
  • Operating Agreement: Though not required to be filed with the state, an operating agreement is an internal document that outlines the management structure and operational procedures of the LLC. It is crucial for providing clarity among members and protecting their interests.

Each of these forms and documents plays a vital role in the effective establishment and ongoing compliance of your LLC. While some are legally required, others are practical tools for ensuring smooth operations and governance within your business structure. Always consider consulting with a legal professional for personalized guidance tailored to your situation.

Similar forms

  • Form 206: Used to establish a professional limited liability company, similar to Form 205 but tailored for licensed professions.
  • Form 424: This form serves for the registration of foreign LLCs in Texas. It requires similar information regarding name and agent.
  • Form 203: This is a certificate of formation for a corporation. It shares many filing elements, like entity name and registered agent.
  • Form 207: Similar to Form 205, but for nonprofit organizations. It requires objective details about governance and purpose.
  • Form 454: This form is for amending the certificate of formation for an LLC. It challenges you to adjust details after initial formation.
  • Form 401: This form applies to cooperatives and includes provisions similar to those found in LLC filings, particularly around governance and purpose.
  • Form 212: This form pertains to the formation of partnerships. While not an LLC, it covers foundational entity setup like member details and purpose.
  • Form 303: This is for domestic filings in states other than Texas. It requires similar documentation of entity details and governance.

Dos and Don'ts

When filling out Form 205 for the creation of a Limited Liability Company (LLC), here are six important things to remember:

  • Ensure the entity name complies with Texas Business Organizations Code provisions.
  • Provide a valid registered agent who has consented to serve in that role.
  • Include a business or mailing address for the registered office that is not just a mailbox service.
  • Specify whether the LLC will initially have managers or members, providing accurate names and addresses.
  • Be aware of the filing fee of $300 and payment methods accepted by the secretary of state.
  • Utilize the optional space for specific purposes if necessary, especially for tax or licensing needs.

Avoid these common mistakes when completing Form 205:

  • Do not use an entity name that is similar to existing businesses or implies government affiliation.
  • Do not list the LLC itself as its own registered agent.
  • Do not leave required fields blank; every governing person needs an address.
  • Do not forget to submit the form in duplicate if mailing or delivering the application.
  • Do not assume that preclearance of a name allows immediate use without checking for violations of name rights.
  • Do not neglect the deadline for filing any necessary statements about changes to the registered agent or address.

Misconceptions

Misconception 1: The 205 form guarantees the immediate establishment of an LLC.

While completing and submitting the 205 form is a crucial step toward forming an LLC, it does not automatically create the entity. The form must be processed and filed by the Secretary of State, and only then will the LLC officially come into existence.

Misconception 2: Any name can be chosen for the LLC.

Choosing a name for the LLC involves specific legal requirements. The name must be distinguishable from other existing entities registered in Texas. If it does not meet these criteria, the Secretary of State cannot file the form.

Misconception 3: The LLC can act as its own registered agent.

This is incorrect. An LLC cannot serve as its own registered agent. Instead, a separate individual resident of Texas or a registered entity must be designated as the registered agent for service of process.

Misconception 4: The initial mailing address can be a PO box without restrictions.

This is not entirely true. While a PO box is permissible, it must be the initial mailing address for tax correspondence. However, it should not be the registered office address which must be a physical location.

Misconception 5: An organizer must live in Texas.

There are no residency requirements for an organizer of an LLC in Texas. An organizer can be any individual 18 years or older or a legal entity, regardless of where they reside.

Misconception 6: Once filed, the LLC can operate indefinitely without further action.

Though Texas LLCs generally exist perpetually, they must maintain an active registered agent and registered office. Failure to do so can lead to the involuntary termination of the LLC.

Key takeaways

  • Understand the Purpose: The 205 form is used to create a Limited Liability Company (LLC) in Texas. It meets the basic filing requirements as per the Texas Business Organizations Code.
  • Proper Entity Name: Choose a name that complies with state rules. It must be unique and not misrepresent your business. Certain phrases that imply government affiliation are prohibited.
  • Registered Agent Requirement: An entity must have a registered agent based in Texas. This agent can be an individual or another entity but cannot be the LLC itself.
  • Governing Authority: Clearly state if the LLC will operate under managers or members. Provide names and addresses for at least one governing person.
  • Purpose of Formation: The LLC can be formed for any lawful purpose. The certificate can include more specific purposes if necessary, especially for certain licenses or tax considerations.
  • Filing Fee: A $300 fee is required for filing the 205 form. Various payment methods are accepted, including credit cards, but be aware of additional convenience fees.
  • Timeliness of Filing: The certificate becomes effective upon filing, but there are options to delay the effectiveness of the filing under certain conditions, provided that specific rules are followed.

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