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Texas LLC Operating Agreement Template PDF Free Download
Texas LLC Operating Agreement
A Texas LLC operating agreement is designed to allow members of a limited liability company to outline the ownership structure of the entity, the rights and responsibilities of the members, and the company’s procedures and policies.
Executing this type of agreement helps avoid potential legal liabilities between members and outside parties.
When forming an LLC, it is not required by law that the members establish an operating agreement.
However, when an operating agreement isn’t in place, the applicable provisions of Texas statutes will govern the internal affairs of the company.
Should a legal dispute arise, the broadness of the state statutes might not serve the LLC and its members in the most beneficial capacity.
How to Form an LLC in Texas
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 a filing fee.
A Domestic LLC is a company formed within the State of Texas
A 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
Online
Foreign – Application for Registration
Online
Important Information
An Account is required to access the online filing system
Foreign filers must include a Certificate of Existence (or like document)
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.
Single-Member LLC Operating Agreement
Multi-Member LLC Operating Agreement
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.
| Author | – |
| Language | English |
| No. of Pages | 15 |
| PDF Size | 3 MB |
| Category | Form |
| Source/Credits | eforms.com |
Texas LLC Operating Agreement Template PDF Free Download