If you plan to start a business in Texas and form an LLC, you’ll need to complete Form 205. Form 205 LLC is used to establish a limited liability company (LLC) in Texas. Whether you’re planning to enter the US on an E2 visa, or are already a Texas resident, filing an LLC in Texas is simple, but you’ll need this form. Read on for tips for success when filing Form 205 LLC in Texas.
What Is Form 205 LLC?
Form 205 LLC refers to the document required to establish a limited liability company (LLC) in Texas. It is the initial filing that officially registers your LLC with the state government. You file Form 205 LLC with the Texas Secretary of State.
Information requested in Form 205 LLC includes entity name and type, registered agent and registered office, the governing authority, business purpose, and the company’s mailing address.
How to Obtain Form 205?
You can download Form 205 LLC directly from the Texas Secretary of State’s official website or the website of the state agency responsible for business registrations. Alternatively, you may request a copy by mail or visit the local office to obtain the form in person.
What Information Do You Need to Provide on Form 205?
Form 205 LLC asks for a significant amount of information related to the new business. The filing requirements are included in the PDF with the form. You will need to provide basic information about your LLC, including its name, address, registered agent’s name and address, and the members’ or managers’ names and addresses.
Information requested in Form 205 LLC includes:
- Entity name and type
- Registered agent and registered office
- LLC governing authority
- LLC purpose
- Company mailing address
- LLC Duration
- Effective filing date
- Execution
- Payment and delivery instructions, along with a $300 filing fee
- Supplemental or provisional information
How to File for Texas Certificate of Formation for LLC?
To file a Texas Certificate of Formation for LLC, you can submit a PDF copy of Form 205 LLC online on the Texas Secretary of State’s portal here. You can also print and mail two copies of the completed form along with the $300 filing fee to:
Secretary of State
P.O. Box 13697 Certificate of Formation
Austin, TX
78711-3697
If you have any questions, you can reach the Texas Secretary of State by phone at (512) 463-5555 or by email at corpinfo@sos.texas.gov. You can also get details at the Texas Secretary of State SOSUpload System.
Once completed, you will receive a Texas LLC certificate of formation, usually within two weeks of filing.
Tips for Successful Completion of Form 205
If you don’t include the correct information, fail to appoint a registered agent, or submit insufficient copies of the information, the Form 205 LLC application could be rejected. Here are a few tips to help you complete the application form:
Provide Accurate Information
Accurate information includes all information requested. When mailing the document, you must submit two copies with the payment. When submitting online through SOSUpload, you are not supposed to include a copy of the instructions, a duplicate copy of the document, payment information, or personal identifying information. If you do, the document may be rejected.
Pay the Required Filing Fees
In Texas, the filing fee for Form 205 LLC is $300. If you don’t pay the filing fee with the application, your application will be rejected. You can mail a check made out to the Secretary of State with the filing or pay by credit card through the SOSUpload system.
The Texas Secretary of State accepts the following payment methods:
- Credit Card (American Express, Discover, MasterCard, or Visa, subject to an additional statutory convenience fee of 2.7% of the amount charged)
- Check (personal or business)
- Money order
- Cash
- LegalEase (Administered by Frost Bank)
Understand the Legal Implications
Creating an LLC in Texas comes with a number of legal implications. For example, according to Form 205, “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.”
In addition, you must have the registered agent’s consent to nominate them as a registered agent. A document on file with the Secretary of State is a public record that is subject to public
access and disclosure. Therefore, any information you provide, including addresses, becomes a public record.
Keep Copies of All Documents for Future Reference
Keep copies of all documents for future reference to protect your company. Consider keeping both physical copies and digital copies with other important documents.
Seek Professional Guidance if Needed
In some cases, especially in complex situations or if you have doubts about the legal implications of creating an LLC, professionals can help. You can contact a lawyer specializing in business formation to ensure compliance. In some cases, a business formation service can also help.
What Happens After You File Form 205?
After filing Form 205 LLC and paying the necessary fees, your LLC will be officially registered with the state. You will typically receive a confirmation or acknowledgment letter, along with any additional instructions or certificates required by the state.
The Texas Secretary of State is currently processing SOS direct filings in three to four business days, although it can take up to two weeks. For mail-in filings, it can take longer.
Support in Creating Your LLC
As a business owner, simplifying processes to focus on your core business can free up valuable time. When you’re ready to form a Texas LLC, doola business formation services can help by simplifying the process and saving time. Get doola business formation and compliance services to quickly and easily create a Texas LLC and ensure your company meets all legal requirements.
FAQs
Can I change the information on Form 205 after submitting it?
No, you cannot change the information after submitting Form 205 LLC. However, if you need to update any information, you can use the appropriate form to, for example, change the registered agent. You can find all Texas filing forms here.
Can I fill out Form 205 by hand or do I need to type it?
Form 205 allows space to easily type in the required information online. If you have other questions, you can contact the Texas Secretary of State directly by phone at (512) 463-5555 or by email at corpinfo@sos.texas.gov.
How long does it take for Form 205 to be processed?
Form 205 LLC processing times vary by application method but typically take three to ten business days once received by the Texas Secretary of State.
Can I use a registered agent service for my LLC’s address on Form 205?
Yes, you can use a registered agent service for your LLC’s address on Form 205. Texas also allows you to use a P.O. Box as a business address for initial filing purposes.
Can I withdraw my LLC after filing Form 205?
No, you cannot withdraw your LLC after filing Form 205. However, you can dissolve a Texas LLC at any time.
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