Texas Secretary Of State Resources

The Texas Secretary of State provides various resources and services to assist with business incorporation and ongoing compliance. Here are some key resources and tools available through their office:

1. SOSDirect

  • Website: SOSDirect
  • Services: Online business filings, name availability searches, document retrievals, and more.
  • Features:
  • File business formation documents online
  • Search and reserve entity names
  • Access and purchase business records and documents
  • File and retrieve UCC (Uniform Commercial Code) documents

2. Forms and Filing Information

  • Forms: Access to various forms needed for business filings, including the Certificate of Formation, amendments, and more.
  • Link: Forms

3. Business Entity Filings

4. Name Availability

5. Franchise Tax Information

  • Details: Information on the franchise tax requirements and filing deadlines.
  • Link: Franchise Tax

6. Registered Agent Information

7. Annual Reports and Periodic Filings

  • Requirements: Information on annual reporting requirements for businesses.
  • Link: Annual Reports

8. Business and Nonprofit Forms

9. Fee Schedule

  • Details: Current fee schedule for various filings and services.
  • Link: Fee Schedule

10. Contact Information

  • Business and Commercial Section: For assistance with business filings and corporate records.
  • Phone: (512) 463-5555
  • Email: corpinfo@sos.texas.gov
  • Mailing Address:
  Secretary of State
  P.O. Box 13697
  Austin, TX 78711-3697

11. Texas Business Organizations Code

12. Starting a Business in Texas Guide

By utilizing these resources, you can effectively navigate the process of incorporating and maintaining a business in Texas.

Texas Incorporation process Secretary of state

Incorporating a business in Texas involves several steps and requires interaction with the Texas Secretary of State. Below is an outline of the process:

1. Choose a Business Name

  • Availability: Ensure the business name is unique and not already in use. You can check name availability through the Texas Secretary of State’s SOSDirect system.
  • Name Requirements: The name must include a designator like “Corporation,” “Incorporated,” “Company,” or an abbreviation (Corp., Inc., Co.).

2. Designate a Registered Agent

  • Role: The registered agent is responsible for receiving legal documents on behalf of the corporation.
  • Eligibility: This can be an individual Texas resident or a business entity authorized to do business in Texas.

3. File the Certificate of Formation

  • Form: Use Form 201 (Certificate of Formation for a For-Profit Corporation).
  • Details Required:
  • Corporation name
  • Registered agent’s name and address
  • Directors’ names and addresses
  • The purpose of the corporation
  • Duration of the corporation (perpetual or limited)
  • Shares information (number and types of shares)
  • Submission: File online via SOSDirect or mail the completed form to:
  Secretary of State
  P.O. Box 13697
  Austin, TX 78711-3697
  • Fee: As of the last update, the filing fee is $300.

4. Create Corporate Bylaws

  • Purpose: Bylaws outline the internal rules and procedures for managing the corporation.
  • Adoption: Typically adopted by the board of directors at the first organizational meeting.

5. Hold an Organizational Meeting

  • Activities:
  • Adopt bylaws
  • Appoint officers
  • Issue initial shares of stock
  • Complete any other initial corporate formalities

6. Obtain an Employer Identification Number (EIN)

  • Purpose: Required for tax purposes, to open a bank account, and to hire employees.
  • Application: Apply online through the IRS website.

7. Register for Texas State Taxes

  • Comptroller of Public Accounts: Depending on the nature of your business, you may need to register for state taxes.
  • Franchise Tax: Texas corporations are subject to a franchise tax.
  • Sales Tax Permit: If selling goods, you’ll need to obtain a sales tax permit.

8. Comply with Local Requirements

  • Business Licenses: Check with local city and county authorities for any additional permits or licenses needed.

9. Maintain Ongoing Compliance

  • Annual Reports: File an annual report with the Texas Comptroller’s office.
  • Franchise Tax: Ensure timely payment of any due franchise taxes.
  • Meeting Minutes and Records: Keep detailed records of meetings and corporate decisions.

Resources

By following these steps, you can successfully incorporate your business in Texas.