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Form 202 Texas SOS: A Comprehensive Guide

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Form 202 Texas SOS: A Comprehensive Guide

2011 TX Form 202 Fill Online, Printable, Fillable, Blank - pdfFiller

Introduction

Form 202, also known as the Certificate of Formation, is a crucial document required for establishing a business entity in the state of Texas. Filed with the Texas Secretary of State (SOS), this form provides essential information about the business, including its name, registered agent, and purpose. Understanding the intricacies of Form 202 is vital for ensuring a smooth and compliant business formation process.

Purpose of Form 202

Form 202 serves as the official record of a business’s formation in Texas. It establishes the entity’s legal existence and provides public notice of its key characteristics. By filing Form 202, the business gains recognition and protection under Texas law.

Who Must File Form 202?

Any entity seeking to establish a legal business presence in Texas must file Form 202. This includes:

  • Corporations (domestic and foreign)
  • Limited Liability Companies (LLCs)
  • Limited Partnerships (LPs)
  • Limited Liability Partnerships (LLPs)

Information Required on Form 202

Form 202 requires the following information:

  • Business Name: The official name of the entity, as it will appear on all legal documents.
  • Type of Entity: The type of business entity being formed, such as a corporation, LLC, or partnership.
  • Registered Agent: The individual or entity authorized to receive legal documents on behalf of the business. The registered agent must have a physical address in Texas.
  • Duration: The length of time the business will exist, unless dissolved earlier.
  • Purpose: A brief description of the business’s intended activities.
  • Officers and Directors (Corporations): The names and addresses of the corporation’s officers and directors.
  • Members (LLCs): The names and addresses of the LLC’s members.
  • Partners (LPs and LLPs): The names and addresses of the partnership’s partners.

Filing Process

Form 202 can be filed online or by mail.

Online Filing:

  • Visit the Texas SOS website: https://www.sos.texas.gov/
  • Click on "File a Document" and select "Business Entity"
  • Choose the appropriate entity type and follow the online instructions

Mail-in Filing:

  • Download Form 202 from the Texas SOS website
  • Complete the form and mail it to:
    Texas Secretary of State
    P.O. Box 13697
    Austin, TX 78711-3697

Filing Fees

The filing fee for Form 202 varies depending on the type of entity:

  • Corporation: $300
  • LLC: $300
  • LP: $200
  • LLP: $200

Timeframe

The Texas SOS typically processes Form 202 within 2-3 business days. However, expedited filing options are available for an additional fee.

Benefits of Filing Form 202

Filing Form 202 offers numerous benefits, including:

  • Legal Recognition: Establishes the business as a legal entity, providing liability protection to its owners.
  • Public Notice: Informs the public about the business’s existence, purpose, and registered agent.
  • Access to Funding: Lenders and investors often require Form 202 to verify the business’s legal status.
  • Tax Compliance: Filing Form 202 ensures the business is registered with the Texas Comptroller’s Office for tax purposes.

Consequences of Failing to File Form 202

Failure to file Form 202 can result in:

  • Fines: The Texas SOS may impose fines on businesses that fail to file timely.
  • Invalidation: The business may be deemed invalid and lose its legal protections.
  • Personal Liability: Owners may become personally liable for the business’s debts and obligations.

Amendments to Form 202

Changes to the information provided on Form 202 must be reported to the Texas SOS by filing an Amendment to Certificate of Formation. This may be necessary in the event of:

  • Change in business name
  • Change in registered agent
  • Change in officers or directors (corporations)
  • Change in members (LLCs)
  • Change in partners (LPs and LLPs)

Conclusion

Form 202 is an essential document for establishing a business in Texas. By understanding the purpose, requirements, and filing process, businesses can ensure a smooth and compliant formation process. Failure to file Form 202 can have serious consequences, while timely filing provides numerous benefits and legal protections. By adhering to the guidelines outlined in this article, businesses can effectively navigate the Form 202 filing process and establish a strong foundation for their operations in the state of Texas.

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