There are lots of documents that you may encounter throughout the life of your business. Those documents include service contracts, purchase agreements, partnership and company agreements, leases, employee contracts, policies and procedures, and more. Different business owners encounter different documents depending on their size, industry, and structure. However, the documents discussed below are documents every business owner should be familiar with. As you read our blogs in this Small Business Series, please understand that the information we will be providing is for your informational purposes only and is not intended to provide legal, tax, or accounting advice. Every business and entrepreneur’s circumstances are unique. Please consult an attorney and accountant regarding your business’s specific issues and questions.
Formation Documents
For a business entity to exist, it must be formed by filing documents with the Texas Secretary of State’s office and the IRS. Below are the documents that a new business owner will need to file to create their company.
Certificate of Formation – The certificate of formation is the document that officially creates your company. It includes information such as the initial members/managers, partners, and directors. It also provides the name and address of the initial registered agent.
Assumed Name Certificate – The assumed name certificate is the document that provides a company it’s D/B/A (doing business as) or trade name. If your business plans to advertise under a name that is different from the company’s official name on the certificate of formation, you will want to file an assumed name certificate.
Form SS-4 – This form is filed with the IRS to get an employer identification number (EIN) for your company. An EIN allows a company to open bank accounts, file tax returns, and hire employees. After a Form SS-4 is filed and accepted the IRS will send the company representative a notice that includes the company’s newly assigned EIN.
Consent of Registered Agent to Appointment – This document does not have to be filed with the Secretary of State, though it may be. It must however be signed by the initial registered agent and kept on file with the company.
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