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How to Incorporate in Texas

By Scott Letourneau
Sep 24, 2009
If you have never incorporated a business before and are new to the "start up" process, the first thing you will want to do is consult with a professional who has experience with incorporation.

The State of Texas does not require that businesses hire representation when they incorporate but it is always good to have an expert on your side,especially with incorporation which is a detailed and specific process.

On the surface the process looks pretty simple: fill out some forms, turn them in and viola! You are a corporation! Unfortunately it isn't quite so simple.

There are specific details that must be attended to if you want to incorporate in Texas. Here are some things that you will want to pay special attention to:

Your business name needs to be unique. You are not allowed to have the same name or anything that is close to any other corporation that operates within the borders of Texas.

The powers that be pay special attention to corporation names to make sure that a new business does not try to "ride on the coattails" of an already established business.

It is also important that you take care to pick a name that does not sound as if your business operates outside the confines of legal business operations within Texas.

You need to organize your corporation in a specific fashion. Your company must have at least one organizer who is allowed to contract himself and/or his employees out to someone. This organizer needs to sign the certificate of your corporation's formation. Your corporation application must list each and every organizer along with their addresses.

When you incorporate in Texas you need to have at least one director named in your articles of incorporation. This director (or group of directors) helps to certify the formation of your company's bylaws and may dictate the qualifications that must be met by future directors of the corporation.

If you want to formalize any part of the formation of your corporation, including your corporation's by- laws, its registered agent, its officers, etc., these must all be included in your articles of incorporation.

There are many small details to attend to when you incorporate in Texas. There is more to your articles of incorporation than a simple form or two.

Your articles of incorporation will help you set in stone the way your business will run, your business's name and its Chief Officer at the time of the corporation's formation.

Because these details are so important, it is vital that your articles of incorporation be filed completely and correctly. Hiring an expert to help you can give you the peace of mind that you need to make sure that you have legally incorporated your business in Texas.
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