Tex. Codes » Business Organizations Code · TITLE 1. GENERAL PROVISIONS · CHAPTER 3. FORMATION AND GOVERNANCE
Texas Codes

Tex. Bus. Orgs. Code § 3.005 (2026)

Certificate Of Formation

✓ current as of May 2026
Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 3.005. CERTIFICATE OF FORMATION. (a) The certificate of formation must state:

(1) the name of the filing entity being formed;

(2) the type of filing entity being formed;

(3) for filing entities other than limited partnerships, the purpose or purposes for which the filing entity is formed, which may be stated to be or include any lawful purpose for that type of entity;

(4) for filing entities other than limited partnerships, the period of duration, if the entity is not formed to exist perpetually and is intended to have a specific period of duration;

(5) the street address of the initial registered office of the filing entity and the name of the initial registered agent of the filing entity at the office;

(6) the initial mailing address of the filing entity;

(7) the name and address of each:

(A) organizer for the filing entity, unless the entity is formed under a plan of conversion or merger;

(B) general partner, if the filing entity is a limited partnership; or

(C) trust manager, if the filing entity is a real estate investment trust;

(8) if the filing entity is formed under a plan of conversion or merger, a statement to that effect and, if formed under a plan of conversion, the name, address, date of formation, prior form of organization, and jurisdiction of formation of the converting entity; and

(9) any other information required by this code to be included in the certificate of formation for the filing entity.

(b) The certificate of formation may contain other provisions not inconsistent with law relating to the organization, ownership, governance, business, or affairs of the filing entity.

(c) Except as provided by Section 3.004, Chapter 4 governs the signing and filing of a certificate of formation for a domestic entity.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 9, eff. September 1, 2007.

Acts 2021, 87th Leg., R.S., Ch. 894 (H.B. 3131), Sec. 1, eff. January 1, 2022.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2009–2026 · leading case: In Re Readyone Indus., Inc., 294 S.W.3d 764 (Tex. App. 2009).
Sort: Relevance Newest Treatment
In Re Readyone Indus., Inc., 294 S.W.3d 764 (Tex. App. 2009). “Tex. Bus.Org.Code Ann. § 3.005(a)(4) (Vernon Supp.”
Tommy Yowell v. Granite Operating Co. & Granite Operating Co. & Apache Corp. v. Peyton Royalties, L.P., 557 S.W.3d 794 (Tex. App. 2018). “proceeding) (citing TEX. BUS. ORG. CODE ANN. § 3.005(a)(4) (West 2012)).”
Huffman Asset Mgmt., LLC & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. 2026). “” TEX. BUS. ORGS. CODE § 3.005(a)(6). The Secretary may also adopt additional “forms for a filing instrument or a report authorized or required by this code to be filed with the secretary of state.”
in Re: ReadyOne Indus., Inc. & Amalia Lopez (Tex. App. 2009). “Tex.Bus.Org.Code Ann. § 3.005(a)(4) (Vernon Supp.”
Tex. Bus. Orgs. Code § 3.005(a)(4): 3 cases
In Re Readyone Indus., Inc., 294 S.W.3d 764 (Tex. App. 2009). “Tex. Bus.Org.Code Ann. § 3.005(a)(4) (Vernon Supp.”
Tommy Yowell v. Granite Operating Co. & Granite Operating Co. & Apache Corp. v. Peyton Royalties, L.P., 557 S.W.3d 794 (Tex. App. 2018). “proceeding) (citing TEX. BUS. ORG. CODE ANN. § 3.005(a)(4) (West 2012)).”
in Re: ReadyOne Indus., Inc. & Amalia Lopez (Tex. App. 2009). “Tex.Bus.Org.Code Ann. § 3.005(a)(4) (Vernon Supp.”
Tex. Bus. Orgs. Code § 3.005(a)(6): 1 case
Huffman Asset Mgmt., LLC & Prairie Capital, LLC v. Maurice Colter & Ni-Ida Colter (Tex. 2026). “” TEX. BUS. ORGS. CODE § 3.005(a)(6). The Secretary may also adopt additional “forms for a filing instrument or a report authorized or required by this code to be filed with the secretary of state.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.