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These forms can be filed online or mailed in duplicate along with a filing fee of $300 for domestic and $750 for foreign applications. Mailed applications should be sent to: PO Box 13697, Austin, TX 78711-3697. After your application is approved, you can file the optional Operating Agreement if you choose.
An LLC operating agreement is not required in Texas, but is highly recommended. This is an internal document that establishes how you will run your LLC. It sets out the rights and responsibilities of the members and managers, including how the LLC will be managed.
Your Texas LLC Operating Agreement doesn't need to be notarized. Once you (and the other LLC Members, if applicable) sign the Operating Agreement, then it becomes a legally binding document for all of you.
Negotiate and execute an operating agreement.Texas does not require an operating agreement in order to form an LLC, but executing one is highly advisable.
If you do not get an operating agreement, your LLC will be governed by the Texas Limited Liability Act. However, these statutes are skeletal in substance and clumsy in their application.
Your operating agreement can be written by your members, in which case it is free. On the other hand, you may also have an operating agreement written by a business lawyer, who will no doubt charge for this service. As noted above, our LLC formation service includes a free custom operating agreement for your company.
This agreement can be implied, written, or oral. If you're formingor have formedan LLC in California, New York, Missouri, Maine, or Delaware, state laws require you to create an LLC Operating Agreement. But no matter what state you're in, it's always a good idea to create a formal agreement between LLC members.