Key Takeaways
- Form 205, the Certificate of Formation, is what creates an LLC in Texas. It's the Texas version of articles of organization.
- The state filing fee is $300. New businesses fully owned by veterans may qualify to have it waived.
- Your LLC can't be its own registered agent, and the registered office needs a Texas street address.
- Licensed professionals forming a PLLC use Form 206 instead.
- You can file online through SOSPortal, by mail, or in person.
Texas doesn't use articles of organization. It uses a Certificate of Formation, called Form 205. Here's how to fill out each section, with a filled-in sample you can download.
Forming an LLC in Texas comes down to one filing: the Certificate of Formation, also called Form 205. You file it with the Texas Secretary of State, and once it's accepted, your LLC officially exists.
The form is only three pages, but each section asks for something specific, and a small slip can hold up your filing. Below, we'll walk through every section of the current form (revised September 2026) and show you a filled-in example. We'll also cover how to file, what it costs, and what to do next.
What Is a Texas Certificate of Formation?
It's the document that creates your LLC. On the state's form, its full name is Certificate of Formation, Limited Liability Company. If you've been searching for Texas articles of organization, this is it. Most states use that name, and Texas just calls it something different. Texas corporations file one too, instead of articles of incorporation. To see how corporations handle this, read our guide to what articles of incorporation are and how to file them.
The form follows Section 3.005 of the Texas Business Organizations Code (BOC), which lists what a certificate of formation has to include. That's why it asks for things like a registered agent, governing persons, and an organizer.
You can download the blank form from the Texas Secretary of State: Form 205 (PDF).
What You Need Before You Start
Having these ready makes the form go much faster:
- Your LLC name, checked for availability (see how to perform a Texas business name search)
- A registered agent who has agreed to serve
- Your management choice: run by members or by managers
- Names and addresses of your initial members or managers
- A mailing address for franchise tax mail
- The organizer's name and address
- The date you want your LLC to start
- A way to pay the filing fee
We explain each one in the walkthrough below.
How to Fill Out Texas Form 205, Section by Section
Here's each part of Form 205 in the order it appears. If you file online through SOSPortal, you'll see the same sections, just in a guided format.
Article 1: Entity Name and Type
Enter your LLC's full name exactly as you want it on the public record. The form already says the business is an LLC, so the name is all you add here.
Your name needs to:
- Include "limited liability company," "limited company," or an abbreviation like "LLC," "L.L.C.," or "Ltd. Co."
- Be distinguishable from other business names already on file in Texas
- Avoid suggesting a link to a government agency or a business type your LLC isn't allowed to run (words like "bank" may need extra approval)
If your name doesn't meet these rules, the state won't file the form. Want a quick check first? Call the Secretary of State at (512) 463-5555 or email: [email protected]. Just know this check is informal. The state makes its final decision when it reviews your filing.
Not ready to file yet? You can hold your name for 120 days with Form 501 for $40. This step is optional.
Article 2: Registered Agent and Registered Office
Your registered agent receives lawsuits, legal notices, and official state mail for your LLC. In this section, you'll pick A or B, then fill in C.
- Option A (company): Pick this if your agent is a business, such as a registered agent service, and enter its name. Your new LLC can't be listed as its own agent.
- Option B (individual): Pick this if your agent is a person who lives in Texas. That can be you, if you live in Texas.
- Part C (registered office): Enter the agent's Texas street address. This is where they can be handed legal papers during normal business hours.
A few things to keep in mind:
- A mailbox service or answering service on its own doesn't count as a registered office.
- The registered office doesn't have to be where you run your business.
- Your agent needs to agree to serve, in writing or electronically. You don't send that consent to the state, but signing the form confirms you have it.
Many owners use a professional registered agent service. It keeps their home address out of the agent section of the public record, and legal mail gets handled during business hours. To compare your options, see our guide to Texas registered agent requirements, benefits, and costs.
For more ways to protect your personal info as an LLC owner, see our guide to LLC privacy.
Article 3: Governing Authority
This tells the state who runs your LLC. Pick A or B:
- Option A (manager-managed): One or more managers run the LLC. They may or may not be owners. This often fits LLCs with passive investors. List each initial manager.
- Option B (member-managed): The owners run the LLC day to day. This is common for small LLCs. List each initial member.
Not sure which fits? Our guide to member-managed vs. manager-managed LLCs breaks it down.
For each person, enter either an individual's name or an organization's legal name, not both, plus an address. You need at least one. A few formatting tips from the state:
- Skip prefixes like "Mr." or "Ms."
- Use the suffix box for "Jr.," "Sr.," or "III," not degrees like "M.D."
- Use an organization's full legal name.
The paper form has room for three people. If you have more, add them on an attachment, or add more entries when you file online.
Article 4: Purpose
Good news: you usually don't need to change anything here. The form already says your LLC can do anything lawful under Texas law. That gives your business room to grow.
Two exceptions:
- If another law requires a more specific purpose, add it under Supplemental Provisions.
- If your LLC will offer a licensed professional service, like medicine, law, or accounting, you'll form a professional LLC (PLLC) with Form 206 instead. See our guide to what a professional LLC is.
Initial Mailing Address
This is where the Texas Comptroller sends franchise tax mail. A street address or a PO box both work. Pick one someone checks often, since your first franchise tax filing is due May 15 of the year after you form. To learn how franchise taxes work, see our guide to state franchise taxes and annual fees.
Supplemental Provisions/Information
This section is optional. You can type in extra terms or attach an addendum. Owners often use it for:
- A set end date. Texas LLCs last indefinitely unless you say otherwise here.
- A more specific purpose, if another law requires one.
- Series LLC terms. If you're setting up a series LLC, Texas law requires a notice about limits on each series' liabilities, and it usually goes here. Learn the basics in our guide to what a series LLC is.
Leave out personal ID details like Social Security numbers, birth dates, or driver's license numbers. The state may reject filings that include them.
Organizer
The organizer is whoever prepares and submits the form. Enter their name and address. A few things to know:
- You only need one.
- It can be a person who is 18 or older, or a company.
- They don't need to live in Texas or own part of the LLC. A filing service can be your organizer.
- Many owners use a filing service like Swyft Filings to prepare and submit the form on their behalf.
- Once the LLC is formed, the organizer's job is done. A Statement of Organizer is an internal document that formally ends the organizer's role and hands ownership over to the members.
- You don't file the Statement of Organizer with the state. Keep it with your LLC's records. If the organizer is also the only member, you may not need one.
Effectiveness of Filing
Here you choose when your LLC starts. Pick one:
- Option A: Your LLC starts as soon as the state files the form. This is the simplest choice if you're ready to go.
- Option B: Your LLC starts on a later date (and time, if you like) that you choose, up to 90 days after you sign. Some owners use this to start at the beginning of a month or year.
- Option C: Your LLC starts when a future event happens. You'll describe the event, enter the date 90 days after signing, and file a statement with the state about the event within 90 days.
Execution (Signature)
The organizer signs, dates, and prints their name. You don't need a notary.
By signing, the organizer confirms that the registered agent agreed to serve, that the LLC name doesn't falsely suggest a government connection, and that they're allowed to sign. The signature is made under penalty of perjury, so it's worth taking a minute to review every section first.
Texas Certificate of Formation Example (Filled-In Form 205)
Want to see it all put together? Here's how a simple, one-owner LLC might fill out Form 205. The business and people are made up, so use it as a guide for your own details rather than a copy. You can also download the filled-in sample, where numbered notes walk you through each section.
Download the filled-in Form 205 sample (PDF): https://drive.google.com/open?id=1oX3DXUrfsNvmwTc-wSHoxm1uJjDZ0y3G
Form 205 Section | Example Entry |
Article 1: Entity Name | Lone Star Lawn Care LLC |
Article 2: Registered Agent | Option A: Example Registered Agent Services, Inc. |
Article 2C: Registered Office | 1234 Sample Street, Suite 100, Austin, TX 78701 |
Article 3: Governing Authority | Option B (member-managed): Maria Lopez, 5678 Example Avenue, Dallas, TX 75201 |
Article 4: Purpose | Left as the preprinted text |
Initial Mailing Address | P.O. Box 0000, Dallas, TX 75201 |
Supplemental Provisions | Left blank |
Organizer | Maria Lopez, 5678 Example Avenue, Dallas, TX 75201 |
Effectiveness of Filing | Option A: effective when filed |
Execution | Signed, dated, and printed by Maria Lopez |
Common Form 205 Mistakes to Avoid
A few small mistakes can hold up your filing. Before you submit, make sure you haven't:
- Picked a name that's too close to an existing business, or left out "LLC" or another approved ending
- Listed the LLC as its own registered agent
- Used a PO box, mailbox service, or out-of-state address as the registered office
- Named a registered agent who hasn't agreed to serve
- Left out an address for a governing person, or put both a person and an organization in one entry
- Used Form 205 for a licensed professional business that needs Form 206
- Chosen a start date more than 90 days after signing
- Included Social Security numbers, birth dates, or other personal ID details
How and Where to File Your Texas Certificate of Formation
You can file online, by mail, or in person. The fee is the same either way.
Online Through SOSPortal
The Secretary of State recommends SOSPortal, its online filing system, for faster processing. Looking for SOSDirect? SOSPortal replaced it, so if you used SOSDirect before, you'll need a new SOSPortal account.
- The portal guides you through each field.
- You can pay by ACH (bank transfer) or card. Cards add $0.25 plus 2.25% of the total.
- Once your filing is accepted, the state emails proof of filing to whoever submitted it.
For screen-by-screen steps, see our guide on how to file a Texas LLC online.
By Mail or In Person
Print the form, fill it out, and pay by check or money order.
- Mail to: Secretary of State, P.O. Box 13697, Austin, TX 78711-3697
- Drop off at: 400 W. 15th St., Austin, TX 78701
The state mails proof of filing back to you. Send just the completed form, without the instruction pages or extra copies.
How Long Does Approval Take?
It depends on how many filings the Secretary of State is handling. Online filings are usually faster than mail, and Texas Express can speed things up for an extra fee (see the next section). Check the state's website for current turnaround times, and keep in mind they can change. For typical timelines, see our guide on how long it takes to form an LLC.
Texas LLC Filing Fee: How Much Does Form 205 Cost?
Here's what filing can cost:
Item | Cost | Required? |
Certificate of Formation (Form 205) filing fee | $300 | Yes |
Card payment fee (SOSPortal) | $0.25 + 2.25% of total fees | Only if paying by card |
Name reservation (Form 501) | $40 (holds the name for 120 days) | No |
Standard expedited service (Texas Express) | $50 per document | No |
Next-day expedited service (Texas Express) | $500 per document | No |
Same-day expedited service (Texas Express) | $750 per document | No |
Need it faster? Texas Express fees are added to the filing fee. Standard expedited filings are typically processed in two to three business days. Next-day and same-day service cover filings received by noon and are available for documents sent through Texas Express email, in person, or by courier. Paying for speed doesn't affect whether your filing is approved, so it still needs to be complete and correct.
To compare fees across states, see our LLC costs by state comparison. For every step of forming your LLC, see our guide to starting an LLC in Texas.
What to Do After Your Certificate of Formation Is Filed
Once the state files your certificate, your LLC is official. Save your proof of filing with your business records, then:
- Get an EIN from the IRS. You'll need it to open a bank account, hire employees, and file taxes.
- Create a company agreement. You don't file it with the state, but it sets out how your LLC is owned and run. For a drafting checklist, see our guide to the Texas LLC operating agreement.
- Open a business bank account to keep business and personal money separate.
- Check which licenses and permits you need at the state, county, or city level.
- Mark May 15 on your calendar. Texas LLCs file a franchise tax report and Public Information Report each year, starting the year after formation. Swyft Filings can file your annual report for you.
If something changes later, like your LLC's name or management, you can update your certificate with a Certificate of Amendment (Form 424). Our guide to articles of amendment for an LLC explains when and how to file.
Should You File Form 205 Yourself or Use a Filing Service?
Either way works, and your LLC has the same legal standing. Filing yourself can make sense if your setup is simple, you're comfortable with the form, and you don't mind your Texas address on the public record.
A filing service may be a better fit if you'd like someone to check your details before they go to the state. It can also help keep your address private with a registered agent and handle next steps like your EIN and company agreement.
Swyft Filings has helped 600,000+ businesses. With our basic Texas LLC package, you pay $0 + the $300 state filing fee, and paid packages add extras like an operating agreement and EIN support. Start your Texas LLC with Swyft Filings whenever you're ready.
Conclusion
Form 205 is short, and it goes quickly once your information is ready. Confirm your name and registered agent, pick your management setup, choose your start date, and give every section one last look before signing. Then file online through SOSPortal or by mail.
Once the state files it, you can move on to next steps like your EIN and company agreement. If you'd like a hand along the way, Swyft Filings can take care of the filing and follow-up tasks for you.
FAQs
No. Texas calls it a Certificate of Formation, and for an LLC that's Form 205. It does the same job.
Yes, if you live in Texas and have a Texas street address where you can accept legal papers during business hours.
No. The organizer just signs it.
No. Your company agreement (operating agreement) is an internal document you keep with your records.
Yes. The names and addresses on Form 205 become public record. Using a registered agent service and choosing your addresses carefully can help limit what personal details show up.
Yes. Texas doesn't require members, managers, or organizers to live in Texas. You just need a registered agent with a Texas street address.
File a Certificate of Amendment (Form 424). If you're only changing your registered agent or registered office, Texas has a separate statement of change form for that.
Look for the proof of filing the state sent you, by email for online filings or by mail for paper filings. Need another copy or a certified copy? You can order one from the Texas Secretary of State.
No. The LLC is your business. The Certificate of Formation is the document that creates it.
You prepare and submit the Certificate of Formation. The certificate of filing is what the state sends back once it accepts it, confirming your LLC was filed and showing the date. Keep both with your records. If a bank or another state later asks for proof that your LLC is in good standing, you can order a certificate of fact (status) from the Secretary of State.
You don't send it to the IRS, but your LLC needs to exist before you apply. Banks and lenders may ask to see it when you open an account.
Possibly not. A new Texas business that's 100% owned by honorably discharged U.S. military veterans may qualify to have certain state filing fees waived, including this one. It may also be exempt from franchise tax for up to its first five years. The business must be formed on or after January 1, 2022, and Texas made the program permanent in 2025.


