How long does it take to create a Texas LLC?

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


Prospective business owners often wonder about the timeline involved in the LLC formation process. In this article, we'll delve into the various steps and factors that contribute to the time it takes to form an LLC in Texas.

An LLC can be formed in Texas in as little as four business days if done correctly. The four-day period starts when the Certificate of Formation is submitted to the Secretary of State and ends when the LLC is approved/registered and the formation paperwork is delivered to you.

The turnaround time for a Texas LLC depends mainly on (1) the current processing times at the Secretary of State’s office and (2) the method by which the LLC formation paperwork (the Certificate of Formation) is submitted.

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LLC Turnaround Time with the Copp Law Firm

Texas LLC Formation Timeline
  1. Client Submits LLC Request. The Texas LLC formation process starts when our client submits a request for a Texas LLC via our website.
  2. Certificate of Formation Filed. We make every effort to prepare and file the Certificate of Formation on the same day we receive our client’s LLC request (or the next business day for an after-hours request).
  3. Certificate of Formation Reviewed by the State. An employee at the Secretary of State’s office will review the Certificate of Formation to make sure (1) it complies with Texas law and (2) the desired LLC name is available (not already in use). Before we submit the Certificate of Formation to the state, we will perform our review and be sure the state will approve.
  4. Certificate of Formation Approved by the State. The approval time depends on how the Certificate of Formation is filed. We file every Texas LLC via SOS Direct, resulting in the fastest possible processing time. As of July 2023, SOS Direct filings are processed in 4 business days.
  5. We Finalize the Remaining Paperwork. Once we get the approval from the Secretary of State, we will finalize the remaining LLC formation paperwork (the Company Agreement, Organizational Meeting, Membership Transfer Ledger, EIN Application, etc.) so that we are ready to email all of the deliverables to you within minutes of receiving the official approval (the file-stamped Certificate of Formation) from the state.
  6. LLC Formation Paperwork Delivered to You. We will email you all of the LLC formation documents (typically on the 4th business day after receiving the LLC request through our website).

The 4 filing methods

...and the corresponding processing times

There are four ways to file a Certificate of Formation in Texas. Each filing method results in a different processing time by the state.

The four Texas LLC filing methods are listed below in order of processing speed:

  • SOS Direct: Filing a Certificate of Formation via SOS Direct is by far the fastest way to register an LLC in Texas. Currently, the state is processing SOS Direct filings in 3 - 4 business days.
  • SOS Upload: Filing a Certificate of Formation via SOS Upload should result in a processing time of 6 - 8 business days.
  • Expedited Filing Via Fax or Mail: You file a Certificate of Formation via fax or mail and pay an extra $25 to have the state expedite the filing. Expedited filings are processed in 5 - 7 business days (rather than 30 business days for non-expedited fax/mail filings).
  • Non-Expedited Filing By Fax or Mail: You can file a Certificate of Formation via fax or mail. Non-expedited fax/mail filings are processed within 30 business days.
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What is the fastest way to form a Texas LLC?

The fastest way to form a Texas LLC is to file the Certificate of Formation via SOS Direct. LLCs filed via SOS Direct are typically approved in 3 - 4 business days and will have a formation date equal to the date of submission, not the date of approval.

How do you know when your LLC is approved in Texas?

The Secretary of State will issue a "filing number" once they approve the Certificate of Formation and upload a scanned image of the file-stamped Certificate of Formation to their index. The SOS will also send a copy of the file-stamped Certificate of Formation to the organizer via email.

You can either search the SOS's index ($1/search) or their free Business Filing Tracker to determine when an LLC was approved.

Can you get a same-day LLC in Texas?

Technically, you can get a same-day LLC in Texas because the effective date of an LLC filed via SOS Direct will be the date of submission. However, for four business days, you will not receive proof or confirmation of the SOS Direct filing.

In other words, if you submit a Certificate of Formation on January 1, the LLC would have an effective/start date of January 1. Still, it would be best if you did not use the LLC until you receive the official approval (the file-stamped Certificate of Formation) from the Secretary of State.

Can I expedite an LLC formation in Texas?

You can expedite a Texas LLC formation by paying a $25 expediting fee, but the only filing methods that can be expedited are fax and mail filings. Paying an extra $25 and expediting an LLC filing via mail or fax would still be slower than an SOS Direct filing.

Can an SOS Direct filing be expedited?

SOS Direct is the fastest filing method, and there is no option to speed up or expedite an SOS Direct (or SOS Upload) filing.

Conclusion

While the time it takes to register an LLC in Texas can vary depending on who is handling the formation and the filing method, the process can typically be completed within four business days.

Zachary Copp, Esq.

Attorney at Copp Law Firm, PC

Mr. Copp is a graduate of the University of Texas at Austin and the founder of the Copp Law Firm. He has been licensed in Texas for 19 years and has personally formed over 3,000 Texas LLCs since 2015. He was recognized as a Rising Star by SuperLawyers® for seven straight years. See full bio →

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