When you are starting a business in Texas, you have a lot of options for how to set it up. Many people choose the limited liability company—or LLC—business structure because of the fact that owners are shielded from liability and have tax advantages over corporations.
Before your new venture can open its doors, you will first need to complete the process of registering an LLC in San Antonio. This goes beyond simply filling out a form, as there are steps you must take before you formally apply. Let experienced business lawyer Sasha Begum guide you through this process one step at a time.
Before you can continue with the LLC registration process in San Antonio, you will need to decide on a name. This step is more nuanced than just selecting something that sounds nice, as there are legal requirements to consider.
Picking the right business name is especially important if the LLC is consumer-focused. It should be distinct and memorable without being off-putting or confusing. There are also important legal requirements you must consider when selecting a name.
First, the chosen name must not already be in use. This requires a check of the existing LLCs operating in Texas. Second, the name has to include one of these four phrases:
The company name should differentiate itself not only from competitors but from government entities, as well. Problems may arise if it is deceptively similar to another LLC or implies the business is affiliated with the government. Other limitations prohibit the inclusion of offensive language or any implication that a business is involved in an industry when it is not.
Once the name check is done, the next step in the San Antonio LLC registration process involves filing the certificate of formation. This document—commonly known as the articles of organization in other states—sets out the basic information about the company. The certificate should include:
These are only a few of the elements to take into consideration when filing the certificate with the Texas Secretary of State, which can be done online, in person, or by mail.
Selecting a registered agent is an important part of the LLC registration process in San Antonio. It is mandatory that every LLC in Texas have a registered agent, and the person selected must have their name and address included with the filing. This can be an individual—including the person creating the LLC—or an agency service.
Technically, there is no requirement to create an operating agreement when registering San Antonio LLCs. However, having these documents in place is of vital importance for a business, as it sets expectations for all of the members moving forward.
This agreement outlines how the company should operate, both on a large scale and on a day-to-day basis. It should also highlight how profits are handled and even what needs to occur for a member to be bought out if they choose to leave the business.
If you are forming a new company and want to learn about the process of registering an LLC in San Antonio—or in any of the other areas we serve, including Dreamhill Estates, Los Jardines, Olmos Park, Prospect Hill, Terrell Hills, and Tobin Hill—Begum Peláez-Prada PLLC is available to help you. Understanding this process can save you time and money in the future. Contact us right away to discuss your goals and learn about your options.
