How Long Does It Takes To Form An LLC In Texas (Apr. 2026)?

Are you asking yourself: How long does it take to form an LLC in Texas? Well, the process usually starts by filing the Certificate of Formation (Form 205) with the Texas Secretary of State, which takes up to eight weeks to get approved.

However, this submission only establishes your LLC. To legally run your business, you have to complete extra filings, get required tax or license registrations, and comply with ongoing obligations.

The full process of establishing and activating your Texas LLC can be divided into three main phases, which may take up to 13 weeks in total.

Here’s an overview of the three phases:

• Phase 1: Formation & Registration.
• Phase 2: Post-Formation Setup.
• Phase 3: Initial Compliance.

One important thing to keep in mind is that after becoming fully operational, your primary ongoing responsibility will be to meet Texas’s annual compliance requirements, such as renewing licenses, filing reports, and paying taxes.

You can use the table below to see the full timeline for Forming & Activating Your Texas LLC.

How Long Does It Take To Form An LLC In Texas?

In this section, I’ll break down each phase and explain how to form, register, and maintain your Texas LLC.

1. Phase 1: Formation & Registration

In this stage, you will select your business name and appoint a Registered Agent. You will also submit the Certificate of Formation to make your LLC official.

Here are the main tasks to complete:

a. Choosing An LLC Name

The first task to accomplish when creating a Texas LLC is selecting a name for your business.

When choosing your LLC name, keep two essential requirements in mind:

• Your name must be unique: It cannot match or closely resemble another registered business in Texas. It must be clearly discernible from other names listed in the state’s records.
• Your name must follow state naming rules: It has to comprise the words Limited Liability Company, LLC, or L.L.C. Restricted terms, such as bank or insurance, require proper authorization before use.

The Texas Comptroller’s Taxable Entity Search Tool lets you confirm whether your chosen LLC name is available.

This step can generally be finalized in one business day.

For more information on this topic, check out my guide: Texas LLC Business Name.

b. Selecting A Registered Agent

Next, you will need to nominate a Registered Agent for your Texas LLC.

This is a person or business authorized to receive legal documents, official correspondence, and service of process for your LLC. Appointing and keeping a Registered Agent is an obligation under the Texas Business Organizations (B.O.) Code Sec. 5.201.

Below are the entities that can act as your Registered Agent:

• You (The business owner)
• A trusted friend or associate
• A commercial Registered Agent service

Your Registered Agent needs a physical street address in Texas; a P.O. box is not acceptable. They also have to be available during normal business hours to receive documents.

Keep in mind that your Registered Agent’s name and address will be listed on the public record.

If you want to protect your privacy, think about hiring a commercial Registered Agent. This way, their address is displayed instead of yours.

Choosing and confirming your Registered Agent usually takes one to two business days.

For recommendations, check out my detailed guide: Best Registered Agents In Texas.

c. Submitting The Certificate Of Formation

This section also answers the common question: How long does it take for an LLC to be approved in Texas?

To officially form your Texas LLC, you have to submit the Certificate of Formation (Form 205) with the Texas Secretary of State.

You can do so in one of the following ways:

• By mail: Send the finalized form to the Corporations Section at the James Earl Rudder Office Building.
• Online via SOSDirect: Submit directly through the SOSDirect portal.
• Online via SOSUpload: Upload your completed form to the SOSUpload system.

Processing times depend on the method you choose to file:

• By mail: 4–8 weeks (Plus mailing time).
• Online through SOSDirect: 10–12 business days.
• Online through SOSUpload: 13–15 business days.

For detailed instructions, see my guide: Texas LLC Certificate Of Formation.

2. Phase 2: Post-Formation Setup

After establishing your LLC with the state, you have to arrange internal governance and prepare the business for operations. You will need to complete the following steps in this phase:

a. Creating An Operating Agreement

An Operating Agreement is an important legal document that outlines how your LLC is structured, managed, and operated. In Texas, this document is officially referred to as a Company Agreement, although both terms refer to the same concept.

A Company Agreement includes any written, implied, or oral agreement made by the members regarding the business affairs or operations of the LLC. This is according to the Texas Business Organizations Code (B.O. Code) Section 101.001.

This implies two things:

• Texas does not legally require LLCs to produce an Operating Agreement.
• The agreement does not need to be written to be enforceable legally; oral or implied agreements are also valid.

However, I highly suggest that every LLC owner, including single-member LLCs, draft a written and signed Operating Agreement.

A written agreement is easier to enforce legally. Plus, it documents ownership and management roles, and can be used as proof of structure when dealing with banks or investors.

You are not required to submit your Operating Agreement to the Texas Secretary of State. However, it should be kept securely with your official company records.

You can download my free Operating Agreement templates for both member-managed and manager-managed LLCs below.

For detailed instructions, refer to my full guide: Texas LLC Operating Agreement.

b. Obtaining Your EIN

An Employer Identification Number (EIN) is a distinct nine-digit number issued by the Internal Revenue Service (IRS). It allows your business to be recognized for tax and financial matters.

You may only request an EIN after your LLC has been accepted by the Texas Secretary of State.

How long it takes to get your EIN depends on the application method you choose:

• Online: About 15 minutes for immediate approval.
• By fax: Around 4 business days.
• By mail: Up to 4 weeks.

For full instructions, refer to my article: How To Get An EIN For A Texas LLC.

c. The Different Methods To Obtain An EIN

• Online: You can submit an application online if you are a U.S. citizen or resident. You also need to have a Social Security Number (SSN) or Taxpayer Identification Number (TIN). Refer to my guide: How To Apply For An EIN Online.
• By Mail or Fax (Form SS-4): If you don’t possess a SSN or TIN or are not a U.S. citizen, you need to apply using Form SS-4. For step-by-step instructions, use this guide: How To Apply For An EIN With Form SS-4.

3. Phase 3: Initial Compliance

This phase guarantees your LLC complies with all local and industry-specific rules to legally operate in Texas.

Texas does not require LLCs to secure a statewide general business license.

However, based on your business activities and location, you may need local business city or county licenses or industry-specific permits.

Examples of these include permits for childcare providers, food-related businesses, professional trades, or healthcare operations.

Securing the necessary business licenses from different local agencies or licensing boards may take one to four weeks. The timeline depends on how many licenses are required and each agency’s processing speed.

For detailed guidance and instructions, refer to my complete guide: Texas Business Licenses.

Maintaining Your Texas LLC In Good Standing

To ensure your Texas LLC remains in good standing with the Texas Secretary of State, the Texas Comptroller of Public Accounts, and federal authorities, you must keep up with both state and federal compliance obligations.

You will need to complete the following ongoing tasks:

1. Renewing All Business Licenses

As noted earlier, the state of Texas does not require a statewide general business license. Therefore, there is no state-level renewal.

However, local business licenses and professional permits usually need to be renewed yearly through your city, county, or licensing board. These include licenses and permits for health, construction, or childcare sectors.

Renewal costs and deadlines differ depending on your jurisdiction, so contact your local agencies to verify the requirements.

I suggest setting yearly reminders to make certain renewals are completed on time and to prevent penalties or business interruptions.

2. Filling Out The Texas Franchise Tax Questionnaire

The Texas Franchise Tax Questionnaire is an online questionnaire used by the Texas Comptroller of Public Accounts to gather details about your LLC’s operations.

You need to fill out this form to obtain your XT number, which is required to file Texas Franchise Tax Returns. This is only if these apply to your LLC.

Generally, new LLCs get a notice from the Comptroller’s Office a few weeks after formation. This notice contains directions for completing the form.

3. Submitting The Texas Franchise Tax (If Applicable)

The Texas Franchise Tax is a privilege tax applied to taxable businesses that are formed, registered, or operating in Texas.

Your LLC is only required to pay this tax if it earns more than $2.47 million in annual revenue.

If your business earns below that amount, you do not owe the tax, but you must still file a No Tax Due Report.

The Franchise Tax Report is due every year on May 15th. If this date happens to be on a weekend or public holiday, the deadline moves to the next business day.

There is no cost to file a No Tax Due Report.

Be aware that the $2.47 million revenue threshold can change each year. Therefore, verify the current limit on the Texas Comptroller’s official website before filing.

4. Filing The Public Information Report – Texas Annual Report

Contrary to the Franchise Tax, every LLC in Texas needs to submit a Public Information Report (PIR) each year. This applies no matter what the LLC’s income is.

This report is filed along with the Franchise Tax Return and is due annually on May 15th.

If May 15th falls on a weekend or public holiday, the deadline moves to the next business day.

Your LLC’s first Annual Report needs to be filed in the calendar year after your formation date.

For example, if your LLC was accepted on April 15, 2025, your initial report will be due on May 15, 2026.

You can submit your PIR in one of the following ways:

• Online (Recommended): File through WebFile on the Texas Comptroller’s website.
• By mail: Send Form 05-102 to the Texas Comptroller of Public Accounts.

There is no filing fee for the Public Information Report.

To facilitate the process, you can file both the Franchise Tax Report and PIR at the same time using WebFile.

For full instructions, check out my guide: Texas LLC Annual Report.

5. Paying Other Taxes

On top of the Franchise Tax, your LLC might need to fulfill other tax obligations according to its activities and structure.

Here are some examples of other common taxes:

• Federal Income Tax (Based on LLC classification).
• Employment Taxes (If your LLC has employees).
• Sales & Use Tax (If your LLC sells taxable goods or services).
• Local business taxes or fees (Depending on your business location).

Check with the Texas Comptroller and the IRS to verify all tax obligations and maintain compliance.

Conclusion

Finalizing these steps generally takes up to 13 weeks. The timeline depends on your filing method, state processing speed, and how quickly you go through each step.

After formation, you need to continue to meet ongoing compliance requirements to keep your LLC in good standing with the state.

This comprises submitting the Public Information Report and filling out the Franchise Tax Questionnaire. Additionally, it includes filing the Franchise Tax Report when required, renewing business licenses, and paying applicable federal, state, and local taxes.

Staying up to date with these yearly requirements guarantees your LLC remains active, legally compliant, and protected under tax laws.

Read more: Texas Free LLC For Veterans.

Frequently Asked Questions