Transcript:

Hi, my name is Rick Fair. I’m a business organization attorney with the Fair Law Group based out of Waco, Texas. Today, I want to talk about a common issue. I hear people forming LLCs talk about, and it’s how to go about filling out the Texas LLC application or as attorneys typically call it the Form 205. There’s a lot of misconceptions about what goes in the form, what shouldn’t go in the form, how exactly do you file it? And today I want to spend some time talking about that and hopefully get some of those questions answered. So if you’re looking for the form, the first place you go is sos.state.tx.us. This is the Texas Secretary of State’s website. And if you look down here, there is under SOS Direct, under Popular Links, you’ll see Find a Form.

So let’s click on that and then you get here and there’s a bunch of stuff here, but it’s pretty easy. The stuff we’re looking for, Form 205 is right here under Business Services forms. So click Business and Nonprofit Entity. And now you’ve got a ton of forms again. So let’s take a look at the one we need, a Form 205. This is a Certificate of Formation for a limited liability company. This is what we need. If we’re going to form an LLC in the State of Texas. So let’s click PDF and it automatically brings you to this, all the information about the form, and then here’s the form itself. Well, I’ve got some examples I’m going to talk about and kind of walk through the form. So let’s look at some of these examples. If you can see over here, I’ve got four different examples I’m going to cover, and they’re going to deal with various scenarios that you would commonly see when forming an LLC in the State of Texas.

So let’s start with number one. This is a fairly common scenario where you have two brothers and they’re deciding to start a business together. And what we’re looking at here is a member-management structure that I’ll get into talking about that in a second. So, first off, we’re going to take these first examples, go slowly through it so you can understand what the form is. Article One entity name and type. So we’re filing an LLC. We’ve got to find a name that works with the LLC. And if you’ve watched a previous video I’ve done on this, I’ve talked about some of the things that Texas Secretary of State looks for when essentially denying a name and I’ll be posting a couple more about that. The previous example we used in the last video was, we were looking for something we could register with ABC Plumbing.

Well, the name we came up with was ABC Plumbing Services, LLC. So, see the “LLC” at the end, right here, you have to either use this, the words, limited liability company, limited company, or this abbreviation LLC right here. This has to be in the name. Over the years, I’ve seen a lot of odd permutations with this. I saw one LLC where they had a three-word name and LLC ended up in the middle between the second and third words. I wouldn’t recommend that it’s kind of confusing, but the Texas Secretary of State really doesn’t have any guidance on where exactly in the name that the designator LLC, limited liability company, or limited company goes, but you have to have it in there somewhere. So there’s not much else to talk about that. Other than that, you can watch the previous video.  I’m done talking about choosing a name and I’ll have probably one or two more videos on that specific subject alone.

Article two is an area that our office gets a ton of questions about this. And so I’m not going to spend a lot of time on this cause I want to do a separate video, just talking about the purpose of the registered agent, but let’s just get a couple of things across about it. First, if you’re forming an LLC in the state of Texas, you have to have a registered agent. There’s no option for this. You don’t have an option. The Secretary of State can terminate your LLC if you do not have a registered agent, full stop, they do it all the time. So who is a registered agent? Well, you can hire some companies out there. If you do a Google search for Texas registered agent, you’ll find companies charging from $39.95, all the way to a couple of hundred dollars to do the service.

Well, real quick, a registered agent, all they do is accept documents from the State of Texas, say the Comptroller, the Secretary of State. And if you ever unfortunately find yourself in a situation where you get sued, the registered agent will receive the service of process, the documents for the lawsuit. So, you can have an organization be a registered agent, but you can also have an individual resident of the state be registered agent. And this could be a member of the company. Now, before we move on talking about the individual resident, one last thing about organizations. You cannot have the LLC that you were forming be the registered agent itself. So like ABC Plumbing Services here, you couldn’t go in on a check box A, add ABC Plumbing Services, and put an address there; that doesn’t work. The Secretary of State will deny that, but you, if you’re a member of the LLC or manager of the LLC, you can be registered agent.

So in my example, here, we have two members that are going to be in this LLC. You’ve got Jim and Joe, Joe Smith; they are brothers. Well, Joe’s decided he’s going to be the registered agent and not following a great practice, but it’s acceptable. He decided to use his home address at 9764 Jeopardy Lane in Waco, Texas. Anybody knows what that address is from a show back in the 1980s called “Married with Children,” that was Al Bundy’s address. No, this address doesn’t exist in Waco, but, I figured it was kinda funny, so Joe decided he’s going to be the registered agent. And what this means is he’s now essentially got his address, even though it’s Al Bundy’s address out there on the public record. Some people choose to do this and that’s perfectly okay. If you feel your assets are protected enough and it’s okay that a potential plaintiff’s lawyer searches up your information to figure out how many assets you’ve got.

If you want to do that, that’s okay. My recommendation is if you’re going to be an individual member of an LLC that decides to be the registered agent, use a business address.  I just wouldn’t use my home address. It’s just not a good idea, but you have to have the registered office address has to be a physical address. It cannot be a PO Box. It cannot be a UPS Store or anything like that. I’ve seen over the years a lot of clients try to think it’s okay to use UPS Store addresses. I saw a UPS address a number of years ago where they used suite numbers instead of box numbers, thought that was kind of creative, but the Secretary of State saw right through it and denied it. They rejected the LLC filing and we had to come up with a separate address for so long story short, do this right.

Don’t skimp on this because it’s vitally important. And the Texas Secretary of State takes it extremely seriously. Every Form 205 that gets filed with the Secretary of State; they check them, they’ll do Google search on them. I’ve talked to a couple of the screeners before and they say they do a Google search. And if it says UPS anywhere associated with it, any sort of mailbox store, anything like that, they deny them just as a matter of course. So don’t even try that, just get a registered address. And if you do, if you don’t have a business address, you want to use, my recommendation would be hire a registered agent. There’s a lot of them out there. You know, I don’t have any particular recommendations on anyone, but there’s a lot of choices out there, here in the State of Texas for that.

And I’m sure you can find one that’ll work for you. So article three — governing authority. This is where I see the majority of questions in the state of Texas about how do to form your management structure. I mean, this is a vitally important area, and there’s a lot of misinformation out of this. This right here. This section is, is a video probably a 20 or 30-minute video in and of itself, which I’m going to do. But, let’s take our example. We’re going back to example one, we got Joe and Jim Smith. They’ve decided they want to be a member-managed LLC. So, let’s just talk about these two briefly and see if this works for Joe and Jim.  Option A is the LLC will have managers. And then it asks for the name and address of each initial manager. This is important.

This will come back when we get some of these other examples, option B is the LLC will not have managers, that’s important. And then the company will be governed by its members. And then we list the name and address of each member. There’s lots of confusion over this, regarding managers and members, without really going into the structure too much. I’ll sum it up pretty quickly. If you’re a single-member LLC, basically, it’s just you in the LLC, that’ll be an option, for example, four, we’ll talk about here in a couple of minutes if you’re the only person in the LLC long story short, there’s not a lot you get out of using a manager structure it doesn’t really help with asset protection. There’s not really much, you’re getting out of it. So a single-member LLC, option B, and the member structure typically work the best.

Now here’s another example where this works best. Let’s say you’re a husband and wife, and you’re wanting to form an LLC. And you know, you share your property pretty much 50/50, as almost every married couple does. You’re not going to get anything really out of using the manager structure because of the community property rules here in the State of Texas that affect both divorces. If you’re ever sued in any sort of liability, there’s a lot of overlap with the community property rules. I’m not a family law attorney, but I’ve known enough of them to know that they say that the manager structure really doesn’t give you anything as far as additional protection for a husband and wife in the same LLC. So with a husband and wife LLC, probably best to use option B, the member-managed structure. Now, if you’re not husband and wife and there are multiple people, like the two brothers in our example, they could most certainly use a manager-management structure.

There’s a lot of good things that can come from that. Especially if you’ve got a case where let’s take Joe and Jim. Let’s say, Joe’s got a lot of debt. Yeah, he’s getting in the LLC. He’s gotten a little bit of money, but he’s got a lot of debt. He gets behind on some of that debt. And he gets sued for say $30,000 credit card. There’s a good potential that if the credit card company sues and gets a judgment against them, which most of the time in credit card cases. What can happen is the credit card company can try to execute a judgment and take possession of some of his membership interest in the company. The manager structure helps add a layer between the economic rights and the management rights of the company. That’s a very important distinction that I’ll talk about in a different video, but long story short, it goes like this with the manager structure, like option A, you’ve got a situation where you’ve got people could be more than one, typically more than one where the managers have the management rights for the company and they can decide how things get distributed, how people get paid all the way to the taxing structure.

And the management structure of the manager management structure still has members. Members are still there, but they only have economic rights, which means they have the right to receive distributions, basically getting paid out by the company, according to what the manager structure set up. But in option B here where it’s just a member-managed structure, the members commonly, we call them managing members here in the State of Texas, not the same thing as a manager, but they both, have both economic and management rights. And the way the law, especially case law, has moved over the past 10 to 15 years if you’ve got people who aren’t married and say two brothers, and there is an issue with one brother potentially getting sued, getting divorced, something like that, the manager structure can give you more protection. This only works if you have an appropriately drafted operating agreement, I cannot stress that one enough.

A lot of people just simply think, hey, I filed Form 205. I paid $300 bucks. I’ve got an LLC. Well, yeah, technically, according to the eyes of the State of Texas, you have an LLC, but if you’re ever sued and push comes to shove and that plaintiff’s lawyer says, give me all your documents for your LLC. And all you’ve got is this, Form 205. You are going to be in some trouble. So I can’t stress this enough. A good operating agreement can save you. And I’m not talking about the ones you see on the internet. I’ve seen some on YouTube. I’ve seen some on Google. And, it’s not to say they don’t have good provisions in them, but what I’m getting at is this everybody’s business is different. It’s kind of like a marriage. Everybody approaches it differently.

And especially if you get into partnership with somebody else, it kind of is a marriage. The reality is printing a form out on the internet, just filling out, signing on the dotted line, and saying, well, we’re protected. That’s not the way to look at it. I mean, and I’m not here trying to hawk off legal services. I’m not trying to go at that way because I know we’re in tough times right now, especially with COVID and everything going on. And, I’ve seen a lot of people try to start new businesses, especially right now it’s needed. We need small business, but at the same time, I feel like it’s sort of my duty as a lawyer, to just be honest about the situation. There are a lot of sharks out there. There’s a lot of lawyers that prey on small businesses. And if you don’t protect yourself the right way, you could lose both your business assets and your personal assets.

It’s something called piercing the corporate veil. And I’ll do a video on that. Well, I took something I said, that would take a couple of seconds. I spent a couple of minutes on that. We’re just going to move on. And then we’ll have some other videos about this. So example one, Joe and Jim are going to be a member-managed structure. So they selected option B right here. And so what does it ask us? We need a Joe and Jim’s name and address since they’re the initial members right here, governing person one there’s Joe’s address. And Joe is really smart because he put a PO Box here just because the registered agent says you have to have a physical address, does not mean you have to have one here. It’s best practice to use a PO Box or a UPS Store box. Something like that. Why? Because my opinion is I don’t want people to know my physical address.

Somebody could look it up, gives them more ammo to see what kind of assets I’ve got, and sue on it. Now, governing person B. So here’s Jim, the brother, he’s smart too. He’s using the same PO Box and that’s fine. Both people can use the same PO Box and they’re good to go there. So that’s all we’re going to talk about in this aspect right here. We’re going to move on to article four, not much to see here. This is pretty boilerplate. And it just means that the company is formed for any lawful purpose, which they can be organized under the TBOC. I see a lot of websites and there’s a fairly big one that I kind of laugh at from time to time. I’m not gonna name names on it, but they talk about put the explicit purpose of your LLC in the supplemental provisions.

And, I just don’t see that as a good idea. That’s just giving a plaintiff’s attorney ammo to say, if you deviated one iota, from what you wrote here in this little box, then you’re not operating according to the TBOC because there’s a written limiting factor. If you limit the scope of what your business can do, it just gives the plaintiff’s attorney more ammo to argue that you’re not operating in good faith. I mean, that’s just one small argument, but most of these cases where you see plaintiff’s attorneys win, and they pierce the corporate veil and basically fold an LLC and hold the members personally liable. You see a lot of aspects where it’s just a couple of small things and it turns into an avalanche from there. So I don’t think writing something in there about, well, ABC Plumbing Services is only going to do residential plumbing.

Hey, what if you get a commercial contract? Well, now you limited yourself and then if you’re doing it right, you go back and you amend this thing. And if you amended, you’re looking at pretty much $175, right there, 150 to $175 to amend it. So I just don’t think it’s good to do that. Now, if you want to write your purpose of what you’re doing in your operating agreement, by all means, go ahead. It’s a good idea. So what else are these supplemental provisions used for? In my practice, I do a ton of series LLC. These are LLCs that real estate investors use and I’ll have videos really talking about that. We have some videos talking about the series LLC on this channel, but I’ll do some more updated ones. What we have to do with those is we put a provision that has almost five pages talking about what the series LLC does, its rights limitations, yada, yada, yada, all that stuff.

We also put provision sometimes for credit or recourse citing some of that stuff, limiting factors, and limitations on transactions. If you’ve got especially multiple members in LLC and that’s kind of getting into the weeds, but for most intents and purposes, if you’re a single-member LLC, I don’t think there’s really much you need to put here in that section. So next organizer, what is the organizer? This is basically the person that is filling out this form. And once again, this is another place to put an address and you can absolutely put a PO Box here. So, Joe decided he’s going to be the organizer on this LLC. And so he put his PO Box, good job there. And this next one, there’s a lot of confusion over this, but there’s really not much dispel here is pretty simple. Box A says this document becomes effective when the document is filed with the secretary of state.

Okay. So what this means is, and this is the box you typically check, you send your $300 along with a duplicate copy of form 205 to the Secretary of State. And this is saying that as soon as the Secretary of State receives your money and the document, the Form 205, they’re going to file it. They’re going to put a stamp on there. And they’re going to send you a certificate of filing back saying this LLC is formed. So that’s a common option. Option B. I use a lot, especially at the end of the fiscal year. I usually around this time of year, There’s is not a lot of people filing them this time of year, but there’s usually a push in December because they want their LLC to start at the beginning of a new year.

I have a lot of clients that do that. And so option B is the best example because it takes a little bit to set this up and set up all the other documents. So you’ll have clients coming in December and they’ll say, hey, just make it effective January 1st. Well, that’s what we would use option before we’re here. And basically says that, yeah, we’re going to send you Mr. Secretary of State. We’re going to send you the documents right now, but we want you to make it effective and essentially officially open the LLC and send the certificate of filing on whatever date right here. So in the case of what a lot of my clients do, we start working on the LLC, got all the documents written in December. Check, be right here, go ahead and file it and say, it’s not effective until January 1.

So you’re starting with a cleaning fresh tax year and you don’t have to worry about any last year’s liability with filing with the IRS, especially in partnership returns, which is a can of worms that you can talk probably five hours about, Now, option C here. I don’t recommend this one because this is fairly strange and it’s not really common. Perhaps in the case of a merger of an LLC, but you know, for the average person, this, you wouldn’t use option C.  It basically means that the document takes effect after something in the future happens. And you’ve got to list what the 90th day after the signing of this document is there too. So by and large, most people can disregard this one. You’re, likely gonna use option A and if you’re at the end of a tax year, a fiscal year and you want to put it effective January 1st, you can use option B and just write in January 1st of the next year there.

Okay. Last — execution, the Secretary of State is very, very particular about making sure you have good legible signatures. Make sure you date it and make sure you type your name here. And Form 205 on the Secretary of State’s website is a printed form with a PDF and you can type your name there. Make sure you write a legible signature because I’ve had over the years, the Secretary of State returned signatures that I thought were absolutely legible saying, give us a legible signature. So your mileage kind of varies on this, but it’s just best just to get a legible signature and kind of go on with life. So that’s the end of the form.  We’ll talk at the end here about how to send this in. This will be a little separate section at the end.

So that’s our first example. This is Joe and Jim Smith. And what they’re doing is forming a member-managed, remember option B here, member-managed LLC. So they’re both listed here. Well, let’s look at example two if I can find it. Okay. For example two, we’re going to see a lot of similarities. We’re going to move a little quicker through these forms. So what we’ve got here, ABC Plumbing, still the same company, Joe is still going to be the registered agent, still living in Al Bundy’s address. And now they want to use a manager-managed structure. Once again, if you’re going to use the manager-managed structure, it is highly, highly, highly recommended that you get an operating agreement specifically written for your LLC for the purpose of outlining the rights associated with it.

There’s a lot of agreements I see out there. I broke down recently on a previous video. I took an hour 45 minutes on it, it was a manager-managed operating agreement that was purported by this site to be absolutely usable in the State of Texas. And it had a lot of stuff that was usable for out of state and just a lot of things that didn’t make sense. So no, at the end of an hour and 45 minutes, I said, no, I probably wouldn’t use it. But, if you’re going to use them, the manager structure, make sure you’ve got a good operating agreement. So, in this case, when we have we check option A here and we have managers, they’re asking for the address of each initial manager. So what have we got here? Here’s Joe, again, there’s a PO Box address and there are Jim and his PO Box address.

As in our example, too, they’re both going to be members and managers. And this is only asking for managers. It’s not asking for the members, if you check option A, so Joe and Jim are there once again. There’s not really anything to put here. Joe’s going to be the organizer and we’re going to make it effective when it’s filed with the Secretary of State, so date, print, and sign. So that’s really the only difference for option two.

So, option three is kind of where we see a lot of questions. At least I get in my office. This is where a lot of people get confused and say, well, why am I not listed here? And sometimes it’s a client and they elected somebody as another manager. Well, we’ll see in a second, first off, same thing, ABC Plumbing services, still the same company.

Joe is still the registered agent. We’re still using managers. And once again, they’re asking for the initial manager and example three here’s what happened, Joe and Jim decided they’re going to form a company and be the members of it 50/50, but they decided in a pre-organization agreement, which is highly, highly, highly recommended. If you are going to be in a partnership, an LLC with anybody else, they’re absolutely recommended. I’ll talk more about that in just a second, but they decided in this agreement that Joe is going to be the manager. A lot of people think why? Well, there’s a lot of people who become members of LLCs, mainly because they have the funds to help the company get off the ground. They don’t really want to be involved with the day to day activity. They want to just participate when they need to and let somebody else handle the day to day activities.

And that’s the idea, another idea of why the manager management structure is so good. So in this case, the two brothers decide that Joe’s the best person to handle the day to day. And, Joe gets listed here. There’s Joe’s address the PO Box and his name. And look, Jim’s not listed well, why he’s not a manager and option A is asking for the managers, not the members. So you might be thinking, well, how do we know that Jim’s even alive and involved with this? Well, it’s in two places. First, the pre-organization agreement, and the operating agreement, the operating agreement, and the pre-organization agreement are where you list the members. This is where you write that out. This is where you spell out the rights of each person, how much money they’re going to contribute to the company, and how much percentage they get. The State of Texas right here is not asking for the members.

They’re only asking for the managers. So, briefly before move on. I want to talk a little bit more about that pre-organization agreement. So let’s say you are forming a partnership, an LLC with a couple of your friends. Well, a preorganization agreement does this. It lists out why you’re forming the LLC, who the members are going to be, how much money they’re going to contribute all the way down to the nitty-gritty of their percentage interest. If they are, they’re going to be on the hook to contribute more in the future. And if you’re doing a manager-managed structure, who the managers are, well, why is this important? This is a contractual agreement before the LLC is formed. That says these are the rights. This is what this company is going to do. And this is the people involved and how much they’re going to pay to be involved.

Why is this important? Not every two or three weeks, we end up getting a call about an LLC that went south with somebody; partners didn’t agree. And they didn’t think this person was going to do this. And they didn’t think this guy was going to be the manager. Well, the sad thing is when you get in that case, you really got a couple of options. What do you do? Well, one, somebody buys somebody out and usually somebody is not happy at the end of it. And it’s kinda like a divorce. There’s nobody happy at the end of the divorce typically, but the other option is litigation and litigation’s expensive and it costs the company money. If the company is doing well, all it does is really drag down the company. So those preorganization agreements are very, very, very important if there are multiple people in the LLC.

I have not seen really good ones out there on the internet, no big surprise there, but that’s one thing, our company drafts and if you’ve got the Form 205 taken care of, and you just need a pre-organization agreement or an operating agreement, give us a call. We’d be happy to help out. We do microservices like that just to help out small businesses as much as possible. So, moving on, what we’ve got here is just Joe listed. Once again, Joe’s the only person listed because as an example, three right here, he’s the only manager and nothing really to add or change here, the organizer still Joe, and it’s going to be filed effective when it’s filed with the secretary of state date type and sign. So that’s example three. And our last example is typically what you’d see.

I get a lot of questions, about this for how do we draft a single-member LLC? Well, this is it, ABC Plumbing Services. Joe’s decided he’s going to be the registered agent. He’s the only guy involved in the company. So there we go. And there’s the address. And in this one, single-member, like we said, at the beginning of the video is probably better just to be member-managed. So managed by the members and just Joe, list his information and address there. And it’s pretty much the same all the way down the rest of it. So not really much difference there, except just listing one person, just to kind of tie all this up. We’ll do some other videos talking about more in-depth on specific aspects, especially the idea here about, um, governing authority, and the registered agent. But now you might be wondering, how do I file this thing?

Well, there are a couple of options. Option One is you get on this website right here. When you go to the Secretary of State’s website, SOS direct, we call it Texas SOSDirect, click there, you enter the site. And, if you’ve created an account, you just enter your stuff and go forward. They’ll ask you for a credit card. You go forward there. You have to make a request for an SOS direct account. It’s not automatic. They don’t make one, in just in five seconds, at least when, when I got mine number of years ago. It took a couple of days to get. So if you’re thinking, at least from my understanding of how they’re doing it right now, you’re just going to go click here, request an account and, and have everything work well. It generally takes a couple of days.

Now, they’re saying 15 minutes process your request. They’re doing it that quick. That’s awesome. I’m glad they’re, they’ve sped this up. That’s, that’s a good thing. But, what they’ll ask you for, and I’ll talk about this specific aspect of how to submit this in a different video. It’s really not any different than the form. They’re just asking for the same information on Form 205 on a webpage. And that’s the only difference there. So, there are a couple of other options. And the question I get the most is what is the cheapest way to file this? Well, snail mail. Send it to the Texas secretary of state, use the PO box here in submit and duplicate. So this Form 205 needs to be submitted twice, print it out twice and put it in there and send it off to that address right there, along with a check for $300 bucks.

And it might be the cheapest way to do it, but it’s generally the slowest. Uh, you’re talking a couple of weeks to get it back. Fax is not much better. And, I’ll probably get on my soapbox here for a second and say, I’ve had a lot of issues with the Secretary of State with faxing. One notable case is when we did a termination for an LLC and the Secretary of State tried to mistakenly terminate another company. Yeah, these things happen and people, sometimes don’t fax things in the right order. They should be. And that’s what led to this confusion. And it took a lot to work it out. We’ve had some cases where we fax stuff and they never filed it. So, my opinion is either to send it by mail or file it online. That’s your two best options, send it by mail or filed online.

I just don’t recommend faxing. It’s a world of trouble. And, there’s a better option now because the Secretary of State has a new option called SOS Upload. This is pretty new, but you’ve still got to have an account, but what you can do on this is say, take your Form 205. Joe wants to form as an LLC and he can take the PDF he filled out of his Form 205. I put a credit card in there and just upload the PDF. I’ve been using that a lot more. And the response time generally has been about two to three days. I’ve had one that took four, but by and large, it’s been two to three days. And that’s about the same.

If you just go on here and use their form on SOS Direct, it’s about two to three days. So, I really like SOS, Upload. I think it’s a great new addition. They’ve got here and I’ve been using a lot. So just one important thing to note is if you do use a credit card, they are going to charge you a nominal fee for a processing fee. And it’s generally $8.10. That’s going to be the same. If you use fax or you use SOS Direct by going here or SOS Upload. One last thing to talk about with fax, even though I’ve kind of dogged on fax. If you still want to go that route and you still feel comfortable doing it, is you’re going to need this form right here with it.

A lot of people forget this, and this is why a lot of people never hear back from the Secretary of State. You didn’t submit this form. This is called Form 807. If you type in Texas Form 807 on Google, you’ll pop up with this. This is the payment form. So you got two options here at the top. Regular handling means they’re probably going to take a couple, probably about a week to maybe two weeks at the most expedited handling. They usually get it back in two to three, sometimes four business days, but you’ve got to pay them an extra $25 if you want to do it this way, $25. So when we’re talking about what is the cheapest way to file your LLC? It’s not by fax. Fax has the potential to be the most expensive along with SOS Upload. If you check expedited on there.

But if you want to go ahead and do expedite and do things by fax, while you can do it this way and pay a little bit of extra money. So what do you need to do? You’ve got to put your information here, who you are submitting it. Be sure to put an email because they generally will send an acknowledgment back to the email. And a lot of times they’ll, I’d say most of the time they’ll send you electronically filed copies via email. So what do you do here? You’re going to list the name of your company. You’re wanting to form right here, and you’re not going to have to put anything for the file number, cause they haven’t given you one yet. You only get that after they filed the LLC.

And what type of document is, it’s called a Certificate of Formation, and then you just list how many pages you’re faxing. So what do you do here? You put in all your credit card information, which in this day and age honestly scares the hell out of me. I don’t like giving my card number, expiration, and CVV all on there. I mean, they can charge if this gets in the wrong hands and you know, I trust the Secretary of State’s destroying these after they file them. But how would just be very, very, very certain you send it to the right fax number or they may be getting all your credit card information. So another reason I don’t like fax, but you’d have to fill out all this information right here, sign it. And then the return to generally we click the same as the submitter and that means they’ll send it back.

They’ll give acknowledgment in the electronic copies to this email or if you have a different address, different email addresses, write it here. If you want to fax it, what you’ll do is print out Form 205 and Form 807, put those two together, and fax them off to the Secretary of State. Make sure you use the right fax number. And just to reiterate it one more time and then we’ll be closing. The other option is snail mail. Send it along with a check for $300 to that PO Box right there. And remember to send in duplicate, send Form 205, twice print, two copies. We just talked about fax. And then the last one is SOS Direct or SOS Upload.  I’ll be doing separate videos about that. If you want to watch that, there’ll be another video on that talking about exactly where you go in your SOS Account to do all that good stuff.

So, I appreciate your time today. And if you got any questions all about forming an LLC, series LLC, or just any sort of business or questions, feel free to give us a call our information’s below, and hope you have a good day.