Organizational Forms

FormsVarious government resources & organizational forms are available to assist you in understanding these options. Are your profit or non-profit?

The most common organizational forms are: Sole Proprietor, Partnership, LLC, S-Corp, Corporation. Suggest you read the Texas Governor’s Small Business Handbook – this will discuss forming the organization and many fundamentals to help you start your business!

Common question on LLC or a Sole Prop is doing a name search, which your county clerk can assist or use the Secretary of State Website .

Many states, including Texas, require businesses to file assumed name certificates if they are not incorporated. Even without this requirement, filing is a good business practice. It informs the public about the existence of the business and is often required by banks before they will open business checking accounts or grant business loans. While this filing gives the business no state protection against other businesses or imparts any rights, it is an accepted business practice that gives your business legitimacy and credibility.

Sole Props may still use their name as their business name.

When you incorporate with the Secretary of State in your state of incorporation, you may do business anywhere in the state without the need for an Assumed Name Certificate (DBA). An LLC does have different filing requirements and one should look at the differences ongoing.

Partnership – See General Texas Partnership Agreement, you may want an attorney advice to look over this area. Nolo provides general info and connection to attorneys. Online Sample TX Partnership Agreement

More from IRS details organization forms to decide the entity type you form: .

Refer to Small Business Administration’s Choose a business structure web page for guidance.

A Guide to Incorporating Your Business bizfilings-guide-to-incorporating-your-business.

Still have questions, contact us.

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