Interested in starting a new business in the Lone Star state? You aren’t alone: a strong economy and a pro-business agenda have made Texas a very desirable state to incorporate a small or large business. If you are considering forming your client’s business in Texas, Attorneys Corporation Service, Inc. can help.
Incorporating in Texas can be easy, especially when you have us on your side.
First, to incorporate a business in Texas, a certificate of formation must be filed with the Texas Secretary of State, which we can do on your behalf. Not surprisingly, this certificate of formation is quite detailed. You must include the following:
Entity name and Type:
The chosen name must not be the same as, or similar or deceptively similar to, the name of any other registered Texas business entity and any reserved names on record, subject to certain exceptions under state law. It is also important to note that the Texas business name may not contain language stating or implying that it is organized for a purpose other than that permitted by state law and its certificate of formation. In addition, the name must contain one (or an abbreviation of) the following words:
Before you get start drafting the articles, let Attorneys Corporation Service, Inc. run a business name availability check on your behalf, ensuring that your client’s desired business name is available and compliant with Texas state law.
Registered Agent and Registered Office:
The businesses registered agent and office, can be (1) an individual residing in the state, or (2) a business entity with authority to transact business in the state. The registered office address must be located at a street address where service of process may be personally served on the entity’s registered agent during normal business hours. Although the registered office is not required to be the entity’s principle place of business, the registered agent office may not be a PO Box or a telephone answering service. If you are not interested in acting as the company’s Registered Agent or not able to under the law, Attorneys Corporation Service, Inc. offers Registered Agent services in Texas for $99 a year.
The state requires a minimum of (1) director: a person or persons constituting the initial board of directors, who will serve until the first annual meeting of shareholders or until their successors are elected and qualified. The certificate of formation or the company’s bylaws may prescribe qualifications for the directors.
You must provide the number of shares that the corporation will have authority to issue and state whether or not a par value will be designated.
Lastly, only one organizer is required for the formation of a for-profit corporation, they are required to sign the certificate of formation. The organizer may be any person having the capacity to contract for the person or for another; that i natural person 18 years of age or older, or a corporation or other legal entity. There are no reside requirements for an organizer.
For more information on how to incorporate a business in Texas or any other state, contact one of our experienced customer service professionals today.