Business Formation Lawyer in Houston, TX

No. Texas lets anyone file a Certificate of Formation online, and a solo owner with a simple business can do it alone. The filing is the easy part. A lawyer earns the fee on what comes next: a company agreement that sets ownership, voting, and buyout terms, the right management structure, and a plan for taxes and annual reports. If you have partners, investors, a professional license, or significant assets, an attorney-drafted setup costs far less than fixing a dispute later.

For most small Houston businesses, an LLC is simpler. It has fewer formalities, flexible management, and pass-through taxes by default. A corporation fits better if you plan to raise money from investors, issue different classes of stock, or eventually go public, because investors are used to corporate shares and bylaws. Both give owners similar protection from business debts in Texas, and both pay franchise tax. Francisca helps you choose based on your goals, owners, and growth plans. Your CPA should weigh in on the tax side before you file.

An LLC is a type of company you form under Texas law. An S corporation is a federal tax status. A Texas LLC can elect to be taxed as an S corporation by filing with the IRS, which can lower self-employment taxes once profits reach a certain level. The tradeoff is running payroll and paying yourself a reasonable salary. Because it's a tax decision, Francisca sets up the LLC so the election works, and your CPA decides if and when to make it.

The legal work usually comes together within days once you've made the key decisions. The Texas Secretary of State's own processing time varies with demand, and online filings move faster than mailed ones. The state posts its current processing times on its website. Expedited service is available for an added fee. While the filing is pending, Francisca drafts your company agreement and consents, so everything is ready when the certificate comes back. You can then get your EIN and open a business bank account right away.

Texas doesn't require one, but you should have one. Without a company agreement, default rules in the Texas Business Organizations Code decide how your LLC is managed, how profits are shared, and what happens if an owner leaves, divorces, or dies. Those rules rarely match what owners expect. Banks and investors often ask for the agreement too. Even a one-owner LLC benefits from one, because it helps show the company is separate from you. Francisca drafts each one for how your business actually works, not from a template.

A registered agent is the person or company that receives lawsuits and official notices for your business. Texas requires every LLC and corporation to name one, with a physical Texas street address where the agent is available during normal business hours. You can serve as your own registered agent, but your address becomes public record, and you must be reachable there. Many owners use a commercial registered agent for privacy and reliability. If your agent changes, you file an update with the Secretary of State so legal papers still reach you.

Most Texas LLCs and corporations are subject to franchise tax, but small businesses often owe nothing. For 2026 and 2027 reports, companies with annualized revenue under $2.65 million owe no tax. They still must file an annual Public Information Report or Ownership Information Report with the Texas Comptroller, usually by May 15. Missing it can lead to penalties and the loss of your company's right to do business in Texas. Your CPA handles the filing, and Francisca flags the dates.

A series LLC is one LLC that can hold separate series, each with its own assets and liabilities. Texas allows them, and real estate investors sometimes use one with a separate series for each rental property. They can save filing costs, but they're more complex to run, and some lenders and title companies are less familiar with them. For rental and investment holdings, Francisca covers series LLCs as part of LLC and entity structuring. For an operating business, a standard LLC is usually the simpler choice.

Yes, if your company does business under any name other than its exact legal name. For example, "Bayou Coffee LLC" doing business as "Bayou Roasters" must file an assumed name certificate with the Texas Secretary of State. Filing doesn't give you exclusive rights to the name, but it keeps you compliant and helps customers and banks connect the name to your company. Francisca includes assumed names on your post-formation checklist. If you later add a new brand or location name, file a new certificate before you start using it.