Amend a Texas Certificate of Formation
When you form a Texas LLC, you file a Certificate of Formation with the Texas Secretary of State. That filing legally creates the LLC and places the company in the state record.
The filing also gives the state core information about the company. If the public formation record later needs to change, the LLC may need to file a Certificate of Amendment.
How to Amend a Texas Certificate of Formation
Texas uses Form 424, the Certificate of Amendment, for amendments to a filed Certificate of Formation.
Name-change-only amendments are available through SOSDirect. Other amendments are filed through SOSUpload.
Use the amendment process when the change belongs in the LLC's formation record. The amendment should identify the existing LLC, state the change being made, and track the information required by the Texas Secretary of State form.
What Changes Can Be Made to a Certificate of Formation?
An amendment can be used when the Certificate of Formation needs to reflect a permitted change to the company record. Common examples include a company name change or a change to provisions that were included in the formation filing.
The important point is timing. If the company's filed formation record is no longer accurate, handle the amendment before the old record creates confusion with banks, counterparties, tax agencies, or future filings.
Do not use a Certificate of Amendment to change the LLC's registered agent or registered office. Texas uses Form 401 for that filing, and the non-nonprofit filing fee is $15.
Cost to Amend a Texas Certificate of Formation
The Texas filing fee for Form 424 is $150 for a non-nonprofit entity.
Texas also lists preclearance of a filing instrument as available for $50. Preclearance is separate from the amendment filing fee. Use it only if you want the Secretary of State to review the instrument before you submit it for filing.
Texas Certificate of Formation Amendment Assistance
An amendment is short, but it changes the company's state record. Before filing, confirm that the amendment matches the LLC's internal approvals and that the change belongs in the Certificate of Formation rather than a different filing.
If the change affects ownership rights, management authority, or other internal company terms, get professional guidance before submitting the amendment.