In Texas, the name of a professional limited liability company must include the term “limited liability professional company” or an acronym for that term. The name must not contain a word or phrase indicating or implying the exercise by PLLC of a company for which the LLP is not legally authorized. Check out our free instructions for starting a business in your country. You should consult your private lawyer if you are considering creating an LLC series. To obtain one of the benefits of an LLC series, at least the language required by Section 101.602 (a) (1) (2) of the Texas Business Organizations Code must be included in your Establishment Certificate and Business Agreement, and you must keep separate records of the assets in each series. For more information, visit 101.601-101.621 of the Texas Business Organizations Code. The Secretary of State does not have a specific form to form an LLC series. If you would like to use our general certificate of creation for a limited liability company (form 205 Word, PDF), you can do so and add the necessary additional information in the supplementary text section of the form. These exceptions are referred to as non-waivable provisions, since the Texan cannot eliminate them. The non-waivable provisions do not apply to the provisions of the Texas Limited Liability Company Act that allow the provision to be amended in their own words in the LLC`s administrative documents.6 Nor do they apply if the company agreement amends a provision that defines the person or group of persons entitled to approve the amendment, vote or any other method that must authorize an amendment.7 Step 1 – Download the document.
In the document above, include the name of the company. But in many states, professionals whose jobs require a state license are not legally allowed to form an LLC. Instead, they must create a professional limited liability company (PLLC). The main consideration for the designation of a PLLC is not to attach too much to a company name until you know that it is available for use. To verify if a name is available, you can search the Texas Foreign Minister`s SOSDirect website for $1.00, call the Department of Business of the Secretary of State at (512) 463-5555 or email your name request to section email@example.com corporation. If you have chosen a name but are not yet ready to do your PLLC by submitting the training certificate described below in Step 3, you can reserve the name for 120 days via the SOSDirect website. The booking fee is $40. Texan law is clear is that the partnership agreement – not the provisions of the Texas LLC act itself – must govern the operation of the LLC. Section 101.052 (a) of the Texas Business Organizations Code provides that the Commissioner will verify the proposed name and use of the terms and other materials submitted as a whole in order to make a decision.
The deposit of the $100 deposit tax is required in return, but does not guarantee the approval of the proposed name. In general, the Commissioner will apply if the concept is not misleading and (1) used to indicate authorized and authorized membership in a bank or trust company; (2) a trust or trust-controlled organization for its own business activities (excluding the provision of banking or fiduciary services to the public); (3) by a service or product provider provided to financial institutions in a context and an equitable description of its activities; or (4) as a notion of art in a way and context that clearly refers to an established secondary meaning.