Certificate of Formation Form 203

Step 1 of 6 - Entity

Application Filing Fee(Required)

Price:

Unique ID

Are you filing as an Individual or a Business?(Required)

Individual

Business/Entity

Requestor Name(Required)

Entity Type(Required)

What is the name of the entity?(Required)

The name must contain the word “corporation,” “company,” “incorporated,” “limited,” “professional corporation” or an abbreviation of one of these terms.

Registered Agent (Same As Above)

Yes

Registered Agent Name(Required)

Registered Agent Office Address(Required)

Street Address Address Line 2 City State ZIP Code

Will the Initial Registered Agent be an Individual resident of the state, or an organization (cannot be entity named above)?(Required)

Please provide the Initial Registered Agent’s Name(Required)

Please provide the Initial Registered Agent’s Business Address(Required)

Street Address Address Line 2 City State ZIP Code

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Directors (A MINIMUM of 1 Director is Required)

The number of directors constituting the initial board of directors and the names and addresses of the person or persons who are to serve as directors until the first annual meeting of shareholders or until their successors are elected and qualified are as follows.

Name (Director 1)(Required)

First Last

Address (Director 1)(Required)

Street Address Address Line 2 City State ZIP Code

To add up to an additional 2 Directors, please click “add additional directors” and enter the names and addresses for each additional Director(s).

Add additional directors

Name (Director 2)

First Last

Address (Director 2)

Street Address Address Line 2 City State ZIP Code

Name (Director 3)

First Last

Address (Director 3)

Street Address Address Line 2 City State ZIP Code

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Directors (A MINIMUM of 1 Director is Required)

Purpose

The purpose for which the corporation is formed is for the transaction of any and all lawful business for which a for-profit corporation may be organized under the Texas Business Organizations Code.

What is the type of professional service to be provided by the professional entity(Required)

Provide the mailing address to which state franchise tax correspondence should be sent.(Required)

Street Address Address Line 2 City State ZIP Code

Supplemental Provisions/Information. Please attach an addendum, if any.(Required)

Drop files here or

Max. file size: 512 MB.

Please provide the name of the Organizer(Required)

Please provide the address of the Organizer(Required)

Street Address Address Line 2 City State ZIP Code

Execution

The undersigned affirms that the person designated as registered agent has consented to the appointment. The undersigned also affirms that, to the best knowledge of the undersigned, the name provided as the name of the filing entity does not falsely imply an affiliation with a governmental entity. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is authorized to execute the filing instrument.

Date(Required)

Signature(Required)

By signing electronically, you agree that your electronic signature is the legal equivalent of your manual signature. You consent to be legally bound by this agreement and acknowledge that your electronic signature carries the same legal weight and enforceability as a traditional handwritten signature.

Printed or Typed name of Organizer(Required)

Limited Liability Company:

A Texas limited liability company is created by filing a certificate of formation with the Texas Secretary of State. The Secretary of State provides a form that meets minimum state law requirements. Online filing of a certificate of formation is provided through SOSDirect.

The limited liability company (LLC) is not a partnership or a corporation but rather is a distinct type of entity that has the powers of both a corporation and a partnership. Depending on how the LLC is structured, it may be likened to a general partnership with limited liability, or to a limited partnership where all the owners are free to participate in management and all have limited liability, or to an “S” corporation without the ownership and tax restrictions imposed by the Internal Revenue Code. Unlike the partnership, where the key element is the individual, the essence of the limited liability company is the entity, requiring for its creation more formal requirements. 1 William D. Bagley & Phillip P. Whynott, The Limited Liability Company, §2.10, (2d ed. 2d rev. James Publishing, 1995).

The owners of an LLC are called “members.” A member can be an individual, partnership, corporation, trust, and any other legal or commercial entity. Generally, the liability of the members is limited to their investment and they may enjoy the pass-through tax treatment afforded to partners in a partnership. As a result of federal tax classification rules, an LLC can achieve both structural flexibility and favorable tax treatment. Nevertheless, persons contemplating forming an LLC are well advised to consult competent legal counsel.

A limited liability company can be managed by managers or by its members. The management structure must be stated in the certificate of formation. Management structure is a determination that is made by the LLC and its members. The Secretary of State cannot give advice about management structure.

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Certificate of Formation Form 203

Directors (A MINIMUM of 1 Director is Required)

Purpose

Execution

Serving Texas Real Estate Professionals & Business Owners

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