Texas LLC Operating (Company) Agreement Templates

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Texas LLC company agreement is a legal document to be used by entities of any size that would like to establish the company’s procedures and policies, among other basic and detailed aspects of the company. Although the document is not a requirement of the State to conduct business within the State of Texas, all members/owners establishing businesses should carefully consider the placement of the document. Completion of this form will provide protections to all members and owners who are contributing to and are managing members of companies. Without the filing of the document, in the event that the entity would face any kind of litigious activity, the members/owner(s) would be held financially liable to satisfy any legal claims should the courts find in favor of the claimant. With the implementation of the document, the personal assets and financial accounts of members and/or owners will remain protected. The entity will remain liable to satisfy claims.

Limited Liability CompaniesTitle 3, Chapter 101

Operating Agreement LawsSec. 101.052

State Definition – Sec. 101.001(1)

Table of Contents

By Type (2)


Multi-Member LLC Operating Agreement – For use by businesses with more than one (1) member who would like to establish their company policies and shall agree on needed protections for their members.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 


Single-Member LLC Operating Agreement – For use specifically by single owner businesses in need of the creation of company establishment and to protect their personal and financial assets.

Download: Adobe PDFMS Word (.docx)OpenDocument

 

 

 


How to Form an LLC in Texas (6 steps)

Business applicants in the State of Texas should confirm the availability of their operating name prior to filing with the Secretary of State. By performing a Preliminary Search for the name in the State’s records, it will be possible to verify its availability and uniqueness (an Online Account must be created in order to access the State’s search function).

Step 1 – Registered Agent

The LLC must elect a Registered Agent to receive service of process or other legal demands served upon the company. In this State, a Registered Agent may be an individual resident or an organization authorized to transact business.

Step 2 – LLC Type

When filing a new business with the Secretary of State, it is important to understand which type of LLC needs to be applied for; each type requires a separate set of forms and filing fee.

  • A Domestic LLC is a company formed within the State of Texas
  • Foreign LLC is a company initially formed in an outside jurisdiction

Step 3 – File for Registration

Complete the form that corresponds with your LLC type:

  • Domestic – Certificate of Formation
  • Foreign – Application for Registration

Important Information

  1. An Account is required to access the online filing system
  2. Foreign filers must include a Certificate of Existence (or like document)
  3. Paper applications must be printed in duplicate

Step 4 – Pay the Fee

The requisite processing fees are as follows:

  • Domestic – $300
  • Foreign – $750

Online applications will be submitted upon payment of the fee. If filing by mail, enclose your remittance and send all articles to the following address:

P.O. Box 13697, Austin, Texas 78711-3697

Step 5 – Operating Agreement

An operating agreement is a document that LLC owners may use to create a suitable operating structure for their company. The form is optional; however, you are advised to implement the document after successfully filing with the Secretary of State as it will enable you to establish the general rules and relay all provisions by which your LLC will operate.

Step 6 – Employer Identification Number (EIN)

The Employer Identification Number (EIN) is issued by the Internal Revenue Service to business entities operating within the US. An EIN is used for tax reporting purposes, however, it is also necessary to have the identifier if your LLC plans to open bank accounts or hire employees. Application is free and can take place Online or by Mail.

(Video) How to Make an LLC Operating Agreement in Texas