2019 Small Business Resource Guide 2019 Small Business Resource Guide | Page 26

L E GA L LEGAL INCORPORATION REQUIREMENTS Your business structure affects how much you pay in taxes, your ability to raise money, the paperwork you need to file, and your personal liability. Business Incorporation Certificate Of Authority All businesses operating as corporations in Texas must file Articles of Incorporation with the Office of the Secretary of State of Texas. If the corporation conducts business under names other than that stated in the Articles of Incorporation, the corporation needs to file an Assumed Name Certificate with the county clerk in which the principal office and registered office of the corporation is located. You can also find out if a corporation is already using the name chosen. Corporations, limited partnerships and limited liability companies organized in other states or countries may transact business in Texas by obtaining a Certificate of Authority through the Office of the Secretary of State. The Corporation section of the Secretary of State can provide you the forms. An out of state business may consider the option of creating a Texas corporation, limited partnership, or limited liability company for transaction of business in Texas. Other Business Entities Texas Secretary Of State Online Access (SOSdirect) Other forms of business entities required to file with the Secretary of State include: Limited Partnerships, Limited Liability Partnerships, Limited Liability Companies, Professional Corporation, Professional Associations, and Non-Profit Corporations. The Secretary of State provides a summary of requirements for the creation of these entities but does not provide forms for organizational documents except for registration of a limited liability partnership. Provides subscribers with a convenient way to file business entity formation documents and other required documents online. Business entity formation filings such as Articles of Incorporation, Articles of Organization, Certificates of Limited Partnership, Registration of a Limited Liability Partnership, Unincorporated Associations, Foreign Fiduciaries, and other Uniform Commercial Code documents can be filed online by using SOSDirect. TEXAS SECRETARY OF STATE Statutory Filings Division, Corporations Section James E. Rudder Bldg. 1019 Brazos St., Austin, Texas 78701 512-463-5555 www.sos.state.tx.us 26 27