Disclaimer: Nothing on this page shall be interpreted as legal or tax advice. Youre most welcome :). Hi Giti, yes, you are correct. Hi Ray, we dont cover mergers and its usually best to hire an attorney. You must have a SOSDirect account to upload documents using this System. Instructions: The business filing tracker, as a part of SOS Direct, now allows businesses to check on the status of documents received by the agency within the last 30 days. Rules and regulations vary by location. 1. He is authorized to certify and authenticate government documents by the use of this Seal. Need to save time? SOS Upload - This site allows for uploading documentation required to effect one or more business entity filings. SOSDirect: Business Searches & Formations. Please note: The Texas Register does not enforce or interpret the rules contained in the Texas Administrative Code. If you use a Spam filtering service please make sure the address sosdirect@sos.texas.gov is allowed through without being filtered. They also change over time and are specific to your situation. Enter the name and address of the LLC Organizer and then click Continue. Enter their business name (leave last name and first name blank), Select whether you want to upload the Consent to Serve as Registered Agent form (it should be provided by your Commercial Registered Agent), Enter their last name and first name (leave business name blank), Remember, the individual must be a resident of Texas, this address will be listed on public records, if youre concerned about privacy read our, the address must be a street address in Texas, if an individual, they must be a resident of Texas, a mailbox rental address, private mailbox, or commercial mail receiving agency is not allowed, the duties of a Registered Agent are to receive, accept, and forward any service of process, notice, or demand to the LLC, You can use a PO Box address in Article 3, Members/Managers dont have to be residents of Texas, Members/Managers dont have to be US citizens or US residents, Members/Managers can be non-US citizens, non-US residents, and foreign companies, Members/Managers can be individuals or other companies. much More! Your Texas LLC will also need to file a Texas LLC Franchise Tax Report (most likely a Texas LLC No Tax Due Franchise Tax Report), but still, it would need to be filed in May 2021. So now I am looking to remove the other 2 members from the llc with their approval and again make it as a single member llc. Hi Matt, I have a couple of questions. (512) 463-5561 The business filing tracker, as a part of SOS Direct, now . Hope that helps. If anyone is reading this in the future, please note that the current Senate Bill 1049 expired in January 1st, 2020, but a new bill was passed in 2022 to make LLCs free for Veterans again! An Online Business Service from the Office of the Secretary of State. Search. Note: To form a Texas LLC online, you have to create an SOSDirect account. There are no monthly subscription fees. If you file your Texas LLC using SOS Direct, your LLC will be approved within 10-12 business days. (Differences in effective date: If you file your Certificate of Formation online, by default, itll become effective on the day you file it. LLC University is a Benefit Company. Youll receive back the following documents: If you plan on building a website, you can quickly register your domain name. Fees for ordering, filing, and online inquiries are also listed. Approval is sent via email. 1. 6. Select Credit Card at the top, then review your contact information. Our goal is to provide notification of filing disposition by the close of business the first business day following the day of receipt. Hi Jose, no, that doesnt mean you are both Members. Note: The LLC filing fee (the fee to create a Texas LLC) is the same thing as the Certificate of Formation fee. I received all the paperwork two days later and then I found out that the name of one of the Governing Members is incorrect. Instructions: Each time an SOSDirect user opens a web session, a session code is displayed so that the user can later retrieve orders or filing data relative to that session. "The business filing tracker is one more way the secretary of state's office is working to make doing business in Texas as easy as possible," said Secretary Berry. The Supplemental Provisions/Information is optional, and is used if youd like add additional Articles (statements/rules) about how your LLC is governed. If someones LLC with an identical or very similar name is approved while your mail filing is still in transit, then your LLC will be rejected and youll have to file again using a different name; either making a distinguishable variation to your desired LLC name or coming up with an entirely new LLC name. which supports the ongoing operations and enhancements of SOSDirect. The SOSUpload System allows you to upload certain documents required to create a new business entity, register an existing out-of-state business entity, or make a change to a business entity's record. Texas Secretary of State - UCC Web Services Packet Status UCC Web Service Packet Status WARNING: Unauthorized use of this system is prohibited and may be subject to criminal prosecution. * Professional Association Im filling out Form 205 to file for LLC in Texas. He founded LLC University in 2010 after realizing people needed simple and actionable instructions to start an LLC that other companies weren't offering. Then include an additional piece of paper with the additional Governing Persons information. The Texas Secretary of State handles business filings and statutory documents, including administering open meetings. For documents submitted by mail, fax, or personal delivery, it generally takes at least one business day from the time a document has been received by the office for the document to be entered into the system and show a status of Received. Next, enter your contact information and create a password. Businesses formed as corporations and LLCs in Texas are required to submit filings annually. It needs to be a real street address in Texas. Incomplete and incorrect documents are returned without filing. If you select The limited liability company will have managers, then youll only list the Manager(s). Note: The "LLC filing fee" (the fee to create a Texas LLC) is the same thing as the "Certificate of Formation fee". Hi Oz, it depends on which section youre referring to. * Stock Certificates Businesses formed as corporations and LLCs in Texas are required to submit filings annually. Postmarks and fax confirmation notations do not count. It is really simple steps if they follow your guideline. https://direct.sos.state.tx.us/help/help.asp https://direct.sos.state.tx.us/help/corpfee.pdf https://direct.sos.state.tx.us/help/help-corp-fee.asp https://www.sos.state.tx.us/corp/formationfaqs.shtml https://direct.sos.state.tx.us/help/help-corp-filing-all.asp https://direct.sos.state.tx.us/help/help-corp.asp?pg=fee https://direct.sos.state.tx.us/help/help-corp-filing-205.html https://statutes.capitol.texas.gov/Docs/BO/htm/BO.3.htm https://statutes.capitol.texas.gov/Docs/BO/htm/BO.4.htm https://statutes.capitol.texas.gov/Docs/BO/htm/BO.101.htm https://www.sos.state.tx.us/corp/businessstructure.shtml. Hope that helps. Matt Horwitz has been the leading expert on LLC education for the past decade. Hey LaPorsha, please write See attached inside the Supplemental Provisions/Information box on the Certificate of Formation. If you require an alternate return method, such as return of your documents by a shipping company like Federal Express, the Corporations Section will attempt to accommodate your request so long as you include detailed instructions and any and all completed envelopes or other documents that would be necessary to satisfy your request. It was easy and simple. You are required to login to the SOSDirect system and provide payment information in order to perform transactions such as filing documents, requesting copies and submitting bulk order requests. If you file online using SOS Direct, your LLC will be approved in 10-12 business days. Do I need a new one or can I use the one I have? What constitutes charitable, educational, or literary purposes? Fax number for transmitting business organization filings: (512) 463-5709. Under Reservation Formation Registration Documents, youll see a dropdown. us at SOSDirect@sos.texas.gov. However, if you arent very tech-comfortable and prefer to file by mail, youll find those instructions further down the page. (see the screenshot below for reference). Credit card payments are subject to an additional statutory convenience fee of 2.7% of amount charged), LegalEase (A deposit account system administered by Frost Bank), the issuance of certified copies and certificates relating to those documents. To view details for a business, click the "Details" button. For online filing: Texas LLC approval time is 13-15 business days if you file online using SOS Upload. Again, thanks for the education! Once your Texas LLC is approved, the Secretary of State will email you the following items: Note: Click the links above if youd like to see an example. File a Certificate of Formation to form an LLC in Texas, How to form your Texas LLC online with SOSDirect (filing your Certificate of Formation), how long does it take to get an LLC in Texas, who can be the Registered Agent for a Texas LLC. To better serve the public, this office provides forms for downloading, filings by fax, expedited and preclearance services, online certificate verification, and a range of payment methods. If you are the LLC Organizer, type your full name in order to electronically sign the Certificate of Formation. Do I just add and additional document of that page (#5) ?? You can use it later to check the status of your LLC filing. Whether you are filing a business, wish to learn more about voting, or need assistance with another service, the Texas Secretary of State is here to serve you. Fax number for transmitting business organization filings: (512) 463-5709. Then click Add Manager/Member to begin adding your LLC Member(s)/Manager(s). Enter either a business name OR the first and last name of an individual. When you click the "Details" button to view the information for a business entity, a pop-up window will show. From htere you will need to click the "I'm not a robot" box to verify you are a human using this form. Get a Veteran-Owned Business Logo from TVC. The Secretary of State of Texas is appointed by the Governor of the State, and the appointment is confirmed by the State Senate. All checks should be made payable to the Secretary of State. Is there another approval document that I need to wait for in order to file Federally? Make sure to save your USER ID and the password you created earlier. However, online filings have an extra $8 charge, so the total will be $308. The Certificate of Formation, once approved, is what creates your Texas LLC. I filed the Certificate of Formation for my LLC in Texas. Hey Hector, youre very welcome. In our experience, it usually arrives in 5-15 minutes. For documents submitted by mail, fax, or personal delivery, it generally takes at least one business day from the time a document has been submitted to the office for the document to be entered into the system and show a status of Received. The business filing tracker is one more way the secretary of states office is working to make doing business in Texas as easy as possible, said Secretary Berry. I submitted the filing form after 6 p.m. central time and received my official Certificate of Filing via email attachment the next afternoon around 3:30 pm central time. Allow users to view copies (when images are available) of filed documents over the Internet, print copies of those documents on computers in their office, and generate certificates relating to those documents in their office. The business filing tracker, as a part of SOS Direct, now allows businesses to check on the status of documents received by the agency within the last 30 days. I just filed an application for the formation of an LLC in Texas. When documents may be filed with reproduced signatures, the Secretary of State accepts faxed documents for filing. Both can be overridden by using a Delayed Effective Date.). Granted, youll save some mail time and online is easier, so theres that. At the top, select whether your LLC will be managed by managers (aka Manager-managed) or your LLC will not have managers (aka Member-managed). We have more details on this here: Do I need a new EIN if I change from Sole Proprietor to LLC? You can type out something simple on the computer. Hope that helps. Only licensed professionals should select #2. Online services are available through our website at SOSDirect, including the ability to file business formation documents, receive evidence of filing in real-time, order certified or plain copies, file UCCs, search for business entities/obtain entity information, print documents, obtain entity status, check name availability/reserve entity names and validate certificates. Also, you file by mail and did a name search and that name available and put that name of LLC formation document and later on during 5 to 7 days of approval if that name taken by someone else then what you gonna do , what will be the status of that filled application with state. 4. Users can locate the record and current status of their business filings using the tracker and a simple keyword search. Please consult a licensed professional if you have legal or tax questions. The Texas Business and Public Filings Division cannot provide you with legal advice or legal referrals. Deal alert! The Secretary of State of Texas is the custodian of the Great Seal of the State of Texas. Youll get a Session Code on the next page. He also acts as the liaison for the Governor on Mexican and other border matters. And well soon have instructions for SOSDirect in this lesson. Unauthorized use of this system is prohibited and may be subject to criminal prosecution. Copies or certificate requests may be placed with a person on staff by telephone at (512) 463-5578, by e-mail at corpcert@sos.state.tx.us or by faxing your written request to (512) 463-5709.