Do You Need an Attorney to Form an LLC in Texas?

texas llc formation

No. There is no reason to hire an attorney to register your LLC in Texas.

To file in Texas, all you need to do is fill out the Certificate of Formation, Form 205, and file it with the Texas Secretary of State.

The process of actually filing and Form 205 itself may seem intimidating – and admittedly some of the questions on Form 205 are not intuitive – but my Texas LLC Guide will walk you step-by-step through each and every question and exactly how to file.

If you are confused or just want the assurance of having someone hold your hand while you transform your business into a limited liability company, my guide is far less expensive than hiring a lawyer or filing service to handle everything for you.

Read more about Texas LLC cost including the costs you can’t get around and the ones you can.

Now, if your situation is unique or more complex, you may want to talk to a business lawyer about what type of legal entity you want to create.

For example, if you think you may want to structure your company as a corporation or a series LLC vs. a simple LLC, then this is a situation where you’d want to consult an attorney first.

Moreover, your operating agreement is a very important document because it governs the LLC’s business, and members’ financial and managerial rights and responsibilities. It’s a prudent move to hire an attorney to create your operating agreement.

However, if this proves cost prohibitive, a minimal operating agreement created from an online sample is better than none at all and can serve as a placeholder until you can afford a more customized agreement. Keep in mind, a sample agreement may leave you, your assets, and your company extremely vulnerable so there is considerable risk in merely filling out a template.

As you can see, legal expertise has its place in advising on entity formation and/or making sure you have a strong operating agreement. However, you do not need a lawyer to file and register your LLC with the secretary of state.

If you want someone to walk you step-by-step through the process of becoming an LLC, my Texas LLC guide has full explanations of every field on Form 205 as well as screenshots and relevant supporting information so you can file your limited liability company with confidence.

Read more ways you can save money when filing for your Texas LLC.

Kris Rivenburgh

Texas Attorney Kris Rivenburgh wrote The Texas LLC Guide to help people save money and understand LLC formation/maintenance better.

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