Steps to creating an LLC in Texas include choosing and reserving a legal name for the company, filing a certificate of formation, appointing a registered agent, preparing an operating agreement and ensuring compliance with all applicable tax and regulatory requirements. Foreign LLCs must register with the state and appoint a registered agent.
Texas law requires the name of all LLCs be distinguishable from existing companies. Names can be checked through the Texas Secretary of State website and can be reserved for 120 days. The name must also contain the words "limited liability company" or an appropriate abbreviation.
A registered agent who is a Texas resident or business entity with a physical address must be appointed for service of legal papers. The LLC cannot act as its own agent. A certificate of formation must also be filed with the Secretary of State containing the LLC's name, the name and address of the registered agent and governing persons and the management structure.
An LLC must also have an employment identification number if it has more than one member or if it is a one-member organization that is taxed as a corporation. An operating agreement is not a legal requirement in Texas but is advisable.