How to Form an LLC in Tyler, Texas: A Step-by-Step Guide

The limited liability company is the most popular structure for new businesses in Tyler and across East Texas. It protects your personal assets from business debts, it is flexible, and it is not hard to set up. Doing it correctly takes a little more care than filling out one form online. Here is how the process works.

1. Pick a Name and Check Availability

Your LLC name must be distinguishable from other entities already registered with the Texas Secretary of State and must include “limited liability company,” “LLC” or a similar abbreviation. Search the state database before you order signs or build a website. If you plan to use a different brand name, you will also file an assumed name certificate.

2. Choose a Registered Agent

Every Texas LLC needs a registered agent with a physical Texas address who can accept legal papers during business hours. You can serve as your own agent, but many Tyler owners use their attorney or a professional service so lawsuits and state notices don’t land at home.

3. File the Certificate of Formation

You form the LLC by filing a certificate of formation (Form 205) with the Secretary of State and paying the $300 filing fee. The certificate lists the name, registered agent, and whether the company will be managed by its members or by managers. Choose carefully, because that choice affects who has authority to sign contracts and bind the business.

4. Sign a Company Agreement

Texas does not require you to file a company agreement, which is why so many owners skip it. That is a mistake. The company agreement sets ownership percentages, voting rights, how profits are paid out, and what happens if a member dies, divorces or wants out. Without one, default rules in the Texas Business Organizations Code fill the gaps. Read more in our guide to what a Texas LLC company agreement should include.

5. Handle the Follow-Up Items

• Get an EIN from the IRS and open a business bank account in the LLC’s name.
• Register with the Texas Comptroller for franchise tax and, if you sell taxable goods or services, a sales tax permit.
• Check City of Tyler and Smith County permit requirements for your type of business.
• Keep business and personal money separate so the liability shield holds up.

Not sure an LLC is the right fit? Our article on choosing a business structure for your Tyler start-up compares the options.

Frequently Asked Questions

How long does it take to form an LLC in Texas?

Online filings with the Texas Secretary of State are often processed within a few business days. Drafting a good company agreement can take a little longer, depending on how many owners are involved.

Do I need a lawyer to form an LLC in Tyler?

You are not required to use one, but an attorney can make sure the certificate of formation, management structure and company agreement fit your goals and protect you if something goes wrong.

Talk With a Tyler Attorney

Ready to start your company? Learn about our business formation services. Call Lindsey Birdsong, PC at (903) 595‑6297 or visit our contact page. Our office is at 2307 Dueling Oaks Drive, Suite 103, in Tyler.

This article is general information, not legal advice. Talk with an attorney about your specific situation.