The short answer is no.  The state of Texas does not legally require a lawyer to form a Texas Corporation.

Our detailed Incorporation Information page may help you understand some of the implications of forming a Texas Corporation.  However, if there is anything about Incorporating in Texas that you're not sure about you should seek the advice of a competent Texas lawyer, a Texas accountant, or both before you Incorporate in Texas. 

Once you have made the decision to Incorporate in Texas, a Texas lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new Texas Corporation.

You are not legally required to reserve a Company Name for a new Texas Corporation before you submit your application to Incorporate in Texas.

Whether or not you need to reserve a company name for your new Texas Corporation depends entirely on your business situation.  The Texas Secretary of State uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that Texas Company Name. The name of a Texas Corporation must include one of the following words: "Incorporated", "Corporation", or "Company"; or an abbreviation of one of these words. Texas state law restricts the use of certain words and phrases in business names.  More specific information regarding Texas Corporation names may be found here.

If the Name you have chosen for your new Texas Corporation is already in use by a currently active Texas Corporation or LLC, and you still want to use that Corporation Name, then you will have to register a DBA Name with the Texas Secretary of State.  "DBA" is an abbreviation for "Doing Business As."

In Texas a DBA Name is called a Assumed Name. We verify that the Name you have chose for your new Texas Corporation is available before we submit your Incorporation filing to the Texas Secretary of State.  If necessary we can register a Assumed Name in Texas for you so that you can open your new Texas business as quickly as possible.

1. Choose a name for your Texas Corporation
   
   Your Texas Corporation name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the Texas Corporation name that you choose must be distinguishable from the name of any other registered Texas Corporation or other business entity and the name must also be different from any reserved names on record with the state of Texas.  Your Texas Corporation name must not imply that it was formed for a purpose other than that stated in your Articles of Incorporation; and your Texas Corporation name must not be a name that is likely to mislead the public.
   
   The name of a Texas Corporation must include one of the following words: "Incorporated", "Corporation", or "Company"; or an abbreviation of one of these words. Texas state law restricts the use of certain words and phrases in business names.  More specific information regarding Texas Corporation names may be found here.
   
   It's important to choose a good name for your Texas Corporation because if you want to change it after you incorporate you will have to file amended Articles of Incorporation with the Texas Secretary of State (and pay a fee).
   As part of our Texas Incorporation services we will:

   • Check to make sure that your Texas Corporation name is available
   • Make sure your Texas Corporation name conforms to state of Texas regulations
   • Reserve your Texas Corporation name with the Texas Secretary of State if necessary
2. Select an official address and a Registered Agent for your Texas Corporation
   
   Every Texas Corporation must have an address that is physically located in the state of Texas.  This address is "registered" with the Texas Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of Texas to receive all correspondence on behalf of the Texas Corporation is called a "Registered Agent".  You may act as your own Registered Agent, however, many Texas Corporations hire a Registered Agent because they don't have a physical address within the state of Texas or to provide a distinct level of privacy.
   We offer Registered Agent Services as part of our Texas Incorporation Services.
3. Choose a Board of Directors for your Texas Corporation
   
   All Texas Corporations are required to have a Board of Directors.  Directors are the people who will set policies for your Texas Corporation and manage the business and its resources.  In the majority of small corporations directors are the owners. The Articles of Incorporation or Corporate Bylaws may define specific qualifications for Directors. 
   
   The Board of Directors is responsible for creating rules, approving budgets and distributing profits to shareholders. One of the most important duties of the Board of Directors is electing Officers for your Texas Corporation.  The same person may be a Director and an Officer at the same time.  Directors need not be residents of the state of Texas or shareholders of the Texas Corporation unless the Articles of Incorporation or Bylaws require it.
   
   Normally Directors for your Texas Corporation are elected for a term of one year.  Elections are held at the annual meeting of Shareholders.  The Directors serve until the next annual Shareholders meeting.
   
   
4. Decide who will be Officers for your Texas Corporation
   
   The Board of Directors elects Officers for your Texas Corporation in accordance with the Corporate Bylaws and Articles of Incorporation.  Officers serve at the pleasure of the Board of Directors of the Texas Corporation.  Officers handle the day to day operation of the Texas Corporation.
   
   Unless specifically prohibited by the Corporate Bylaws or Articles of Incorporation, in a Texas Corporation the same person may hold more than one Corporate Office at the same time.  However, there are certain legal affairs in which the same person cannot act in more than one capacity.
   
   All Texas Corporations must have at least a President and Secretary. 
   
   One Officer - usually the Secretary - is given responsibility for preparing Minutes of Directors and Shareholders meetings and for authenticating records for the Texas Corporation. 
   
   
5. Determine how you want your Texas Corporation to be taxed
   
   There is no Corporate Income Tax in the state of Texas.   You may form an S Corporation in Texas.  S Corporations may "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any Texas Corporate Income Tax.
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your Texas Corporation and include it with your Incorporation documents.
   Texas Corporate Tax Information
6. File Articles of Incorporation with the Texas Secretary of State
   
   In order to form a Corporation in Texas you must file Articles of Incorporation with the Texas Secretary of State.  The Articles of Incorporation must include certain specific information about your Texas business. If the Articles do not conform exactly to state of Texas requirements they will be rejected.  You may subsequently amend the Articles of Incorporation for your Texas Corporation but you will have to pay a fee to the state of Texas in order to make the changes official.
   
   
7. Get a Federal Employer Identification Number (FEIN)
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your Texas Corporation.  All Texas Corporations are required to have an FEIN.
   As part of our Texas Incorporation Services we can obtain a Federal Tax ID (EIN) for your new Texas Corporation.
8. Issue Stock Certificates to the Initial Shareholders
   
   Corporate stock is evidence of ownership of a Texas Corporation.  When you form your Texas Corporation, you will need to determine what type of stock and the number of shares of each type that you want to authorize.  You do not have to sell the number of shares that are authorized.  Many small Texas Corporations hold 100% of the shares.
   
   Stockholders in a Texas Corporation are entitled to voting rights or dividends of the Corporate profits or both.  Whoever owns over 50% of the stock of the Texas Corporation is able to make all Corporate business decisions.  Texas Corporations usually hold at least 51% of the corporate stock in order to retain control of the Texas Corporation.
   

1. Conduct an initial Meeting of the Board of Directors and adopt Corporate Bylaws
   
   The Board of Directors holds an initial meeting to elect Officers, authorize issuance of stock and adopt the Corporate Bylaws.  Bylaws are the internal rules of your Texas Corporation.  They are adopted by the Board of Directors and vary widely from Corporation to Corporation.  Commonly bylaws include the number of seats on the board of directors; how Directors are elected; how meetings of Directors and Shareholders are to be conducted; what Officers the Texas Corporation will have and a description of each of their duties. 
   
   As your company grows over time, you may amend your bylaws as necessary.  Bylaws generally cannot be amended by the Board of Directors unilaterally.  A vote by the majority of Stockholders of the Texas Corporation is usually required to amend the Corporate Bylaws.  Bylaws may include any rules for managing the business and conducting corporate affairs.  Almost anything may be written into the Bylaws, however, the Bylaws must not be in violation of any federal or Texas law or the Texas Corporation's Articles of Incorporation.  A copy of the Corporate Bylaws should be maintained at the Corporation's principal Texas office.
   
   
2. Open a Business Bank Account in Texas
   
   It's very important that you have a separate business bank account for your Texas Corporation.  Mixing personal and business funds can get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account.  Specific requirements vary from bank to bank.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a Texas Corporation doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A Texas Corporation merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your Texas Corporation you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your Texas Corporation vary depending on your business activities and the specific locations within the state of Texas in which you want to conduct business.
   
   If your Texas Corporation will be selling products in Texas you may be required to obtain a Reseller's Permit from the appropriate Texas state agency.  If your Texas Corporation will be selling products in Texas you will also be responsible for all applicable local and state of Texas sales taxes if there are any.
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your Texas Incorporation package
4. Hold Meetings of Shareholders and Directors of each year
   
   Every Texas Corporation must hold corporate and shareholder meetings, at least annually, and must keep minutes of each meeting on file.  A copy of the minutes is evidence that the meetings took place and includes all resolutions that were adopted.  The minutes of each meetings must be open for inspection by any Shareholder or Director.  This meeting requirement is often overlooked and comes into play when the Texas Corporation is challenged for any reason.  Keeping proper meeting minutes and documenting resolutions made and approved by the Directors is a formality that could save your Texas Corporation a lot of potential trouble.
   We can transcribe the minutes of any meeting of your Texas Corporation into a form that complies with all Texas Secretary of State requirements.
5. File the required Texas Corporation reports
   
   Texas Corporations do not file Annual Reports with the TX Secretary of State. A Texas Corporation is, however, responsible for Texas state franchise taxes and must file Annual Franchise Tax reports with the office of the Texas Comptroller.
   
   A Public Information Report is part of the report a TX Corporation files with the Texas Comptroller. The Public Information Report lists the names of Officers and Directors of the Texas Corporation at the time the report is filed.
   
   A TX Corporation's initial Public Information Report report is due one year and 89 days after the Incorporation date of the Texas Corporation.
   
   After the initial Public Information Report is filed with the TX Comptroller, a Texas Corporation is required to file an Annual Public Information Report EACH year by May 15.
   
   A franchise tax report must be filed with the Texas Comptroller, even if no tax is due from the Texas Corporation.
   
   
   
   
6. Keep proper records of your Texas Corporation on file
   
   Keep the following records on file and available at the principal business office of your Texas Corporation:
   
   
   • Names and addresses of all Directors and Officers of the Texas Corporation
   • Articles of Incorporation for the Texas Corporation and any Amendments to them
   • Corporate Bylaws for the Texas Corporation and any Amendments to them
   • List of current shareholders of the Texas Corporation.  If shareholders change, keep a record of old shareholders and how stock was transferred.
   • Minutes of all Meetings of Shareholders and Directors
   • Copies of any Corporate Resolutions which have been adopted by the Texas Corporation
   • Copies of all tax returns and Annual Reports for the Texas Corporation for the last 3 years

In order to Incorporate in Texas you'll need the following information about your new Company:

• The name of your new Texas Corporation along with your second choice of a name in case the name that you want is not available
  
• Physical address of the Corporation office in Texas (not a PO Box)
  
• Name and address of your Texas Registered Agent (not a PO Box)
  
• A description of the nature of the business you are planning to operate with the Texas Corporation
• When the Texas Corporation will start and when it will cease to exist (normally the Corporation starts on the date the application is filed and will exist perpetually)
• Names and addresses of the initial Directors of the Texas Corporation
• The number of shares of stock that the Texas Corporation will be authorized to issue
• The par value of the shares which the Texas Corporation will be authorized to issue

Remember - ALL the information that you provide when you Incorporate in Texas becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a new Corporation in Texas.

Processing times for new Texas Corporation applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new Texas Articles of Incorporation takes the state around 5-7 business days.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your Texas LLC.
We are dependent on, and have no control over, the staff and systems of the Texas Secretary of State.

In our experience 5-7 business days is the time it usually takes the Texas Secretary of State to process a new Texas Corporation application. We get your Texas Corporation application to the TX Secretary of State ASAP. Once it is at the state we have no control over the new Texas Corporation application process.

For an additional $25 the Texas Secretary of State will guarantee processing your application for a new Texas Corporation within one business day.

The state of Texas charges $317.00 to Incorporate in TX.  This is the cost of filing and getting a Certified Copy of your Articles of Incorporation from the TX Secretary of State.  If you choose All Business Documents to help you Incorporate in Texas our processing fees are $125.00.  We start processing your new Texas Corporation order as soon as we get it.

Total cost includes:

• TX Name Check and Reservation
• Prepare Articles of Incorporation
• File Articles of Incorporation with the Texas Secretary of State
• Certified Copies of Articles
• Texas Corporation Checklist
• Priority Mail Delivery
• Unlimited Customer Support

Generally, if you are required to obtain some kind of license before you can market your skills in the state of Texas then you will most likely need to form a Texas Professional Corporation.

Attorneys, architects, engineers, public accountants, nurses and physicians, among others, may require registration as a Professional Corporation with the Texas Secretary of State.

Depending on exactly what it is that you want to do in Texas, approval from a specific Texas state agency or board may be required before the TX Secretary of State will approve a new Texas Professional Corporation filing.  This could add to the total processing time for a new Texas Corporation.

You want to do business in the state of Texas but are registered as a Domestic Corporation in another state.  In order to legally conduct business in the state of Texas you must register with the Texas Secretary of State as a Texas Foreign Corporation.  The process of registering as a Foreign Corporation in the state of Texas is called Texas Corporation Foreign Qualification. 

The process of Texas Corporation Foreign Qualification is similar to the process of forming a Domestic Corporation in the state of Texas.  Your original formation documents (usually called Articles of Incorporation) and Corporate Bylaws apply to your Texas Foreign Corporation.  The Board of Directors and Officers of your Domestic Corporation have the same roles in the Texas Foreign Corporation.