Texas LLC Application: How to File Form 205

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Contents

Start with the entity name
Identify a consenting registered agent and Texas office
Choose the initial governing authority
Complete the purpose, organizer, and mailing address
File through an authorized Texas channel
Formation does not finish the compliance work
A careful filing review prevents avoidable mismatches
Sources

Key Facts

Texas: A domestic Texas LLC is formed by filing a certificate of formation with the Texas secretary of state.
Texas: Form 205 is the secretary of state’s optional form designed for the minimum statutory filing requirements.
Texas: The current filing fee stated in the Form 205 instructions is $300, excluding any optional or payment-related charges.
Texas: The certificate identifies the company name, registered agent and office, governing authority, purpose, organizer, and initial mailing address.
Texas: A designated registered agent must consent, but the consent is not filed with the certificate of formation.
Texas and federal: Formation is only one step; tax, licensing, local, and continuing-report obligations are separate.

A Texas LLC application is formally a certificate of formation. For a standard limited liability company, the Texas secretary of state provides Form 205, although a filer may prepare another instrument that satisfies the Texas Business Organizations Code.

The filing creates the state-law entity. It does not by itself settle federal tax classification, obtain every license, or replace the company’s internal agreement.

Start with the entity name

The certificate must state the LLC’s name and entity type. The name must include an appropriate LLC designation and must be distinguishable in the secretary of state’s records from specified existing names, registrations, and reservations.

A preliminary name inquiry is not a final approval. The secretary of state makes the final availability determination when it receives and processes the filing, and acceptance of a formation document does not decide trademark or other private name rights.

This is part of the broader process of deciding what an LLC is and how it will present itself in contracts and public records.

Identify a consenting registered agent and Texas office

A Texas LLC must maintain a registered agent and registered office in Texas. The agent may be an eligible organization or an individual Texas resident, but the LLC being formed cannot serve as its own registered agent.

The registered office must be a Texas street address where process may be personally served during normal business hours. It cannot be only a mailbox service or telephone answering service.

The person named as agent must have consented in written or electronic form before designation. The consent itself is retained rather than submitted with Form 205.

The role is explained more generally in the planned guide to a registered agent for an LLC. Texas-specific qualifications and changes remain governed by Texas law.

Choose the initial governing authority

Form 205 asks whether the LLC initially has managers. For a manager-managed LLC, the certificate lists each initial manager; for an LLC without managers, it lists each initial member.

At least one governing person must be identified, with the required name and address. This public formation choice should align with the management structure the owners intend to use.

The certificate is not a substitute for an LLC operating agreement. In Texas, the internal governing document is commonly called a company agreement and can address authority, voting, contributions, distributions, transfers, and exit events.

Complete the purpose, organizer, and mailing address

Form 205 supplies a general lawful-purpose provision. A regulated, licensed, tax-exempt, or professional activity may require different language or a different entity form, so the generic provision is not a universal fit.

The certificate must provide the entity’s initial mailing address. The Form 205 instructions explain that the Comptroller uses this address for tax information and correspondence, and it may be a street address or post office box.

An organizer signs the certificate. The signature need not be notarized, but Texas law imposes consequences for knowingly submitting a materially false filing instrument.

File through an authorized Texas channel

Texas offers electronic formation filing through SOSDirect, and SOSUpload can accept certain uploaded documents. The secretary of state also describes mail and delivery options for business filings.

Form 205’s instructions currently state a $300 filing fee for an LLC certificate of formation. Credit-card convenience charges, expedited service, preclearance, copies, or other optional services can add separate fees.

A certificate generally becomes effective when filed, but the form permits a delayed effective date or qualifying future event within the statutory limits. Evidence of filing should be reviewed for the exact effective information and retained with the company records.

Formation does not finish the compliance work

A Texas LLC is generally a taxable entity for the Texas franchise tax system. Current Comptroller instructions determine whether a franchise tax report is required, but Texas LLCs generally must still file the annual Public Information Report unless a specific exception applies.

For 2026 reports, the Comptroller states that entities at or below the $2.65 million no-tax-due threshold do not file a No Tax Due Report, while the applicable information report is still generally required. This threshold and the reporting forms can change by report year.

Federal tax administration is separate. Depending on membership and elections, an LLC may need an employer identification number and may be treated federally as a disregarded entity, partnership, or corporation.

A careful filing review prevents avoidable mismatches

Before submission, the proposed name, entity type, registered agent consent, office address, management selection, governing-person information, purpose, mailing address, organizer signature, effectiveness choice, and fee should be checked together.

After acceptance, the company’s agreement, tax registrations, bank and ownership records, licenses, and recurring reports should use consistent entity information. Changes to the registered agent or office require an appropriate filing rather than an informal update alone.

Texas agencies update forms, portals, addresses, fees, and tax instructions. The current secretary of state and Comptroller materials should therefore be reopened at the time of filing and for each reporting year.