To find a qualified business attorney, ask your friends and colleagues for a recommendation. A lot of people deal with business attorneys through their jobs and through their personal dealings. If they know one, they should be able to tell you about what they liked and didn’t like about their experience. If you are having trouble finding a recommendation, visit your state’s bar association and use their lawyer referral service or search database. Using these tools, you should be able to find a well qualified and honest attorney to help you with your decisions.
The name must include one of the following words or an abbreviation thereof: “company,” “corporation,” “incorporated,” or “limited. " The name cannot be deceptively similar to the name of another existing or registered business entity in Texas or a name that has been reserved by a business entity in Texas. [2] X Research source You may reserve a name for 120 days by filling out an Application for Reservation (Form 501) or Renewal of Reservation of an Entity Name (Form 505) and paying a $40 fee. You can reserve a name online at http://www. sos. state. tx. us/corp/sosda/index. shtml or by completing Form 501 located at http://www. sos. state. tx. us/corp/forms/501_boc. pdf.
Texas requires that corporations have one or more directors. There is no minimum age requirement for directors. Texas law does not require directors to be residents of Texas or shareholders of the corporation. However, the corporation’s bylaws or certificate of formation may require it. [3] X Research source
Find someone who is willing to take on this duty and let them know you will be using their name.
The name and type of entity being formed; The names and addresses of directors and registered agents; The number and value of initial authorized shares; The business purpose for which the entity is being formed; The name and address of the organizer (i. e. , the person responsible for incorporating the company); The effectiveness of the filing, which means when you want the document and the entity to become effective; and The signature of the organizer. [5] X Research source
To file online, you will use Texas’ Secretary of State website (SOSDirect) at http://www. sos. state. tx. us/corp/sosda/index. shtml. If you are faxing your filings you can fax them to the number found on the Secretary of State’s website. [8] X Research source
You don’t have to file these bylaws with the Secretary of State but Texas law requires you keep this document at your main office. [10] X Research source You can also look up sample Texas bylaws in order to get an idea of what should be included.
You can apply online for an EIN at https://www. irs. gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein.
Books and records of accounts; Meeting minutes for director, owner or member meetings; and A current record of the name and mailing address of each owner or member of the corporation. [11] X Research source
Franchise tax; State sales tax; Federal income tax; and/or Federal employment tax.
The name cannot be deceptively similar to the name of another existing or registered business entity in Texas or a name that has been reserved by a business entity in Texas. [13] X Research source You may reserve a name for 120 days by filling out an Application for Reservation (Form 501) or Renewal of Reservation of an Entity Name (Form 505) and paying a $40 fee. You can reserve a name online at http://www. sos. state. tx. us/corp/sosda/index. shtml or by completing Form 501 located at http://www. sos. state. tx. us/corp/forms/501_boc. pdf.
A purpose clause, which will define the charitable purpose of your nonprofit corporation; IRS language, which needs to be included in order to get federal tax-exemption and deals with inurement and dissolution; The names of initial directors, which in Texas there must be a minimum of three; The name of the incorporator who signs the certificate; The name and address of a registered agent who will receive all official business correspondence; and The names of members.
When you file you will be required to pay a $25 filing fee. [15] X Research source
Meetings; Leadership; Quorums; Controls; and Committees.
You can apply online for an EIN at https://www. irs. gov/businesses/small-businesses-self-employed/how-to-apply-for-an-ein.
A copy of your certificate of formation; A copy of your bylaws; Financial statements; Your EIN; and Other required fiscal information.
Form 802 simply asks you to keep the Secretary of State up-to-date regarding your corporation’s name, directors, officers, offices, and any changes you may have to your corporate structure. The filing fee for Form 802 is $5. [17] X Research source
Holding a meeting in Texas; Having a bank account in Texas; Collecting a debt in Texas; and Transacting business in interstate commerce. [20] X Research source
Holding a meeting in Texas; Having a bank account in Texas; Collecting a debt in Texas; and Transacting business in interstate commerce. [20] X Research source
The entity’s name and address; The jurisdiction where the entity was formed and the date of formation; The nature of the business; A Certification of Existence that demonstrates that the organization validly exists and is doing business in another jurisdiction; The signature of a governing person or a managerial official. [24] X Research source
Business entity name and type as well as any assumed names; Federal Employer Identification Number; Business entity’s jurisdiction of formation and the date of formation; Certificate of Existence showing that the company is validly organized and identifying the laws under which the entity formed; A statement setting forth the business purpose and the activities the business intends to pursue in Texas; The beginning date of the business; Principal Office Address; Initial registered agent and office; and Governing persons and their addresses. [25] X Research source
