A limited liability company is the entity most El Paso owners should be using — the food truck, the trucking outfit running loads across the Zaragoza bridge, the home-health agency, the two friends opening a barbershop on the Eastside. An LLC separates your personal assets — your home, your savings, your vehicles — from the debts and lawsuits of the business, while keeping taxes simple. Owners who operate as sole proprietors or informal partnerships are personally on the hook for everything. Forming a Texas LLC is not expensive, and doing it correctly, with the right documents, is the difference between real protection and a piece of paper.
Texas LLCs are governed by Chapter 101 of the Texas Business Organizations Code. The company comes into existence when the Texas Secretary of State accepts a Certificate of Formation, Form 205, which must name the LLC, state whether it is member-managed or manager-managed, designate a registered agent under Section 5.201, and list an organizer. The state filing fee is $300. After formation the company needs an EIN from the IRS, a Texas franchise tax account with the Comptroller (most small LLCs owe no tax but must still file a Public Information Report each May), and, if it sells taxable goods or services, a sales tax permit. Chapter 101 lets members customize almost everything through a company agreement.
The Law Office of Robert Navar forms El Paso LLCs on a flat fee that covers the name check, the Form 205 filing through SOSDirect, the EIN, a customized operating agreement, membership certificates and a checklist for the bank, the Comptroller and the city. There is no court involved at any stage; everything is filed electronically with state and federal agencies. Online formation services will file the certificate for you, but they will not tell you whether manager-management protects a silent investor, whether your name conflicts with a registered trademark, or how to keep the company from being pierced later. That advice, in English or Spanish, is what you are paying for.
Member-managed or manager-managed? Choosing the right structure
Form 205 forces a choice most owners have never thought about. In a member-managed LLC every owner can sign contracts and bind the company, which works for a single owner or a married couple. In a manager-managed LLC only the named managers have authority, which is better when there is a passive investor, a family member who put in money but should not be signing leases, or an El Paso owner living part of the year in Juárez who wants a local manager. We walk through this before filing, because changing it later means an amendment and a new agreement.
After the state approves: EIN, Comptroller, bank and El Paso permits
The Secretary of State's acceptance letter is the beginning, not the end. Within days the LLC should obtain its EIN from the IRS, open a dedicated bank account (El Paso banks will ask for the certificate, the EIN letter and the operating agreement), and register with the Texas Comptroller for franchise tax and, where applicable, a sales tax permit. Depending on the trade, the City of El Paso or El Paso County may require a health permit, a contractor registration or a certificate of occupancy. Keeping business money in the business account from day one is the single most important habit for preserving liability protection.
What's included
- Name availability check with the Texas Secretary of State and a preliminary USPTO trademark conflict screen
- Certificate of Formation (Form 205) prepared and filed through SOSDirect
- Federal EIN obtained from the IRS
- Customized operating agreement (single-member or multi-member)
- Organizational consent, membership certificates and company ledger
- Texas Comptroller franchise tax registration guidance and first-year compliance calendar
- Bank-ready formation binder delivered in PDF and, on request, in Spanish summary
How it works
Consultation and name check
In a short meeting, by phone or Zoom, we learn who owns the company, how it will be managed and what it does. We confirm the name is available with the Secretary of State and quote the flat fee.
Filing and EIN
We prepare and file Form 205 through SOSDirect, serve as or designate your registered agent, and obtain the EIN from the IRS as soon as the state accepts the certificate, usually within a few business days.
Operating agreement and handoff
You sign the customized operating agreement and organizational consent, receive your formation binder and a compliance calendar, and leave with clear instructions for the bank, the Comptroller and any El Paso permits.