An LLC can be formed in Texas in as little as four business days, depending on how the Certificate of Formation is submitted to the Texas Secretary of State.

The four-business day period starts when the Certificate of Formation is submitted to the Secretary of State and ends when the LLC 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.

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 4 business days.
• SOS Upload: Filing a Certificate of Formation via SOS Upload should result in a processing time of 13 - 15 business days, according to the SOS website, but currently, the state is processing SOS Upload filings in 5 - 7 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 12 - 14 business days (rather than 70 - 72 business days for non-expedited fax/mail filings) per the SOS Website.
• 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 70- 72 business days according to the SOS website.

1. Client Submits LLC Request. The Texas LLC formation process starts when our client submits an LLC request via our website. We collect the information to form your Texas LLC via the online LLC questionnaire.
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, and we would file the next business day if the LLC request were submitted after hours.
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 March 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 via email.
6. LLC Formation Paperwork Delivered to You. We will email you all LLC documents (typically on the 4th business day after our client submits the LLC request through our website).

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.