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Certificate of Formation (LLC Form 205 / Corporation Form 201): Austin restaurant guide

Texas Secretary of State

What it is

Creates your legal entity — the company that signs the lease and holds every permit on this list.

When a restaurant needs it

Every business except a sole proprietor operating under their own name.

How to apply

File the Certificate of Formation online through SOSPortal (SOSPortal replaced SOSDirect) or by mail/fax with the Secretary of State.

Documents you’ll need

Entity name (check availability)
Registered agent and registered office in Texas
Governing authority (managers/members or directors)
Organizer name and signature

Fee

$300 (certificate of formation for a Texas for-profit entity, per SOS Form 806 fee schedule)

Processing time

Varies — online filings are fastest

Renewal

Annual franchise tax report / Public Information Report to the Comptroller

Who files

Any organizer may file — the owner, an attorney or a formation service.

Good to know

Texas has no LLC newspaper-publication requirement. TABC and the Comptroller both check that your entity is in good standing.

Official source

Texas SOS — business organization forms · SOS Form 806 — filing fee schedule

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Last reviewed 2026-10-06. Guidance only, not legal advice.