Texas lesson 3 of 6
File the Certificate of Formation
Texas calls the formation document a Certificate of Formation, not Articles of Organization. For a domestic LLC it is Form 205 and the state fee is $300.
What Form 205 asks for
The certificate covers the entity name, the registered agent and registered office, whether the company is managed by managers or by its members, the names and addresses of the initial governing persons, a general purpose statement, the organiser, and an effective date.
- Managers or managing members are named and become public record
- The organiser can be anyone, including a filing service, and need not be an owner
- You can set a delayed effective date up to 90 days ahead, which is handy for a January 1 start
Fee, filing route and speed
The filing fee is $300. Online filing through SOSDirect is the fastest route; documents can also be uploaded through SOSUpload or sent by post or fax. Expedited processing costs $25 per document and the Secretary of State processes an expedited filing by close of business on the business day following receipt.
SOSDirect charges a small card convenience fee on top of the state fee. That is a payment processing charge, not an extra filing cost.
After approval
Keep the stamped certificate and the file number safe: banks, the Comptroller and future filings all reference it. Next, adopt a company agreement, which is the Texas term for an operating agreement. It is not filed with the state, but Texas law lets it override many default rules, and banks and investors ask to see it.
Key takeaways
- Form 205 costs $300, filed through SOSDirect.
- Expedite is $25 per document for next business day processing.
- Texas calls the internal ownership document a company agreement.
Frequently asked questions
Do I have to live in Texas to form a Texas LLC?
No. There is no residency requirement for members or managers. Only the registered agent must be in Texas.
Is a company agreement required in Texas?
It is not filed with the state, but it is how you set out ownership, voting and profit shares. Without one, the default rules in the Business Organizations Code apply whether they suit you or not.
Official sources
Or let us file your Texas LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Certificate of Formation (Form 205), act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team