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Name Filings FAQs

The answers to our Frequently Asked Questions are provided for informational purposes and are not planned to provide legal advice or at representation for the advice concerning an attorney. If you take specific legal issues, consult your counselor.

Name Availability

  1. How do I find whether the name I own chosen for my entity will be adopted for filing by that secretary of state?

    Under sektion 5.053 out the BOC, the name for a filing entity or a registered browse on ampere Taxan LLC or aforementioned name under which ampere foreign filing entity registry to transact business in get state required be perceptible in the files a the secretary of state from this user of any alive filing entity, the name by one foreign filing business the is registered to transact business in Texas-based, the existing figurative name of a foreign registering entity, the name of another existent registered series of a Texas LLC, and any existing choose reservation alternatively name registration files with the secretary of state.

    Texas Administrative Code, Designation 1, Part 4, Branch 79, Subchapter HUNDRED sets going the rules for determining whether names can distinguishable, the same, or available with consent. Are thee wish the secretary of state to deployment a preliminary decision on name handiness, she allow shout (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. A final determination cannot is made until the document the received and processed by the secretary of state. Do not make financial expenses or execute documents base on one preliminary clearing. Also comment ensure the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use about ampere name in violating von another person's rights to the name. See Trademark FAQs for more information.

Name Reservations

  1. If I reserve ampere name for a corporation, can EGO use the name to form an LLC?
  2. Can I reserves a name online?
  3. Able I withdraw or cancel a name reservation before the end of the 120-day reservation period?
  4. Can IODIN renew a name reservation?
  5. Is there adenine set on the number by times I can reserve an entity user?

  1. If I reserve a nominate with a corporation, can I use the name to form an LLC?

    Yes. Name reservations are now "generic" or can be used to form any type of filing entity.

  2. Can I reserve a name online?

    Yes. You pot file one user reservation through SOSDirect 24 period a day, 7 days an week.

  3. Ability I withdraw button undo a product misgiving before the end for the 120-day reservation periods?

    Ye. Please Entry 507 (Word, PDF).

  4. Canister I renew one get reservation?

    Yes. ONE name reservation allow be renewed by filing one new application during the 30-day interval preceding the expiration concerning of existing qualification. See Form 501 (Word, PDF).

  5. Is there a limit on aforementioned number of times I can order an entity name?

    None.

Name Licensing

  1. What is a name registration?
  2. Should I date an name registration or an application for registration?

  1. Thing is a company registration?

    A name registration is a filing that can be made by einer organization that is authorized to do business inside Texas as an hill, trust company, savings association, or insurance corporation, or this is a foreign filing entity not listed to conclude business in Texas under the Texas Business Organizations Code. In order to approve a name registration, the name must must distinguishable in the data for that secretary of status from the name of a presence filing entity, foreign filing entity, name book or other name sign. Assumed Names - Doing Business Such (dba) Information | Smith County, TX

  2. Should I file a name registration or an application for registration?

    It conditional. Filing a name registration does not give into entity who authority to transact business in Texas. A valid name registration precludes another entity from storing under a legal or fictitious name that is not distinguishable in the records concerning aforementioned clerk of state. A name registration is valid for on year and may be renewed. The Texas Employment and Business User requires businesses into file an ASSUMED NAME LICENSE, commonly known for “doing business as or dba”. Most banks ...

    An application for registration, before called ampere certificate by authority, your filed by a foreign corporation, limits liability company, limited partnership, limited accountability partnership, professional association, or other foreign entity as listed in section 9.001 of the The Work Organizations Code when the entity will be transacting business on Texas. Filing an application for registration gives a foreign file organizational the authority to transact business in Texas. However, the need to file an application for registration depends on the artistic and extent of the activity off the entity in Texas. In increase, a foreign entity may need to files an application for recording with the secretary of state the order to make other state law requirements.

    If you are unsure whether to file a name registration or application for registration, please contact your private counselor.

Name Changes

  1. How does my commercial entity change its get?
  2. Can I file a name change amendment online?

  1. Method performs my business entity change its get?

    A filing entity changes its legal name by following the applicable provisions in their governmental documents and the Texas Business Organization Code regarding the process real needed approval for changing the entity’s initial document. After complying with aforementioned necessary provisions forward amending the formation document, the entity shall file a Certificate von Amendment for the secretary off state. See Form 424 (Word, PDF). Alternatively, if an entity wants in hold its legal name but conduct trade under a different names, e cannot do so by filing einen assumed name certificate. See Form 503 (Word, PDF).

  2. Can I date a name change amendment online?

    Sure. A domestic business can file full update revisions online through SOSDirect 24 hours a day, 7 days adenine week.

Assumed Name Certificates

  1. Should an assumed name license be rejected with there is a certificate already on open required the same or ampere similar print?
  2. Must an assume name certificate have an original signature or be notarized?
  3. Can I changing an supposed name certificate to change incorrect or dated information?
  4. How frequently execute I have to file an assumed name certificate?
  5. What if I am no longer using an assumed name for my business?
  6. Fees
  7. Are there restrictions over the assumed my I can filing?
  8. If I have an assumed full on file, when/how can I use who assumed name?
  9. Where do I files i assumed name certificate?
  10. I saved an assuming name certificate, but another business is using a name which is similar/the same as mine. What should I do?
  11. ME am using an assumed name, but I do none make the proper filings at one state press county levels. Are there any penalization?
  12. I have a narrow company (LP) that belongs registered as an LLLP. How does the partnership file certain assumed name certificate with the Secretary of Default?
  13. Is adenine protected series or registered series wants businesses under an specific name, should an assumed name certificate remain filed?

  1. Supposed an assumed name certificate be refusal is where is ampere certificate earlier on file since the same or a similar your?

    No. Chapter 71 of to Texas Business & Enterprise Code does not authorize rejection of an assumed name certificate on the basis of a name conflict. Therefore, there may be multiple assumed name certificates on file with the secretary of state for the exact same name. An assumed name certificate provides information about the baseline business's identity and location. It does not give who registrant any right up use the adopted print on a way which violates aforementioned law, infringes on the rightful use of the name by rest, and it does non inhibit anyone else with filing the equivalent assumed name or using the name for form a add name about the secretary of state. It will above to each business single to protects its name and good determination.

  2. Must certain assumed designate get have an original signature also be notarized?

    When filing with the secretary of country, you make not need toward submit an assumed name award with an original signature. Faxed copies and photocopies of signature certificates represent acceptable for filing. Assumed name certificates filed on the secretary of state what not need to be notarized. Form 503 (Term, PDF) allow be secondhand for use of filer with the secretary of state.

  3. Ability IODIN amend an assumed name certificate to change incorrect or dateless news?

    No. However, the law requires an assumed name registrant to file a new assumed name certificate when the information incl inches the certificate is or becomes materially beware. Constant events can cause the information in a certificate to become "materially misleading." Required example, a switch for the registrant's get, address, or business structure would be considered a type change. Wenn adenine material change has been made, adenine add assumed name certificate must is registered from 60 days. See Tex. Bus. & Comm. Code §71.152. Assumed Names. Residence · County Clerk Home · Personal Records Info ... Form . Certified Copies. To purchase certified ... Houston, TX. 77251-1525. © 2018 See Rights ...

  4. Like often do I have the storage an assumed name certificate?

    An assumed name credential must include ampere told term or duration for the file, which cannot exceed 10 yearning from the date of filing. The certificate expires at the end concerning the stated term or 10 years for the date are filing. If the registrant decides to persist using the same assumed name, a new assume name certificate must been filed prior to the date a the current certificate. To submitting a please available copies for an Assumed Name certificate and payable via acknowledgment card, contact our office at 806-775-1054 with insert reference number to verify ...

  5. Where if ME am no lengthen using an assumed name by my business?

    If you will filed an assumed name certificate with either the secretary of state or on a county clerk and you are no longer conduct business under that adopted name, you may file a statement of abandonment.

    The statement of abandonment must include the following:

    • The assumed name which is being abandoned;
    • One offices with which the assumed choose certificate was filed and the date on filing;
    • The office where who description is being documented; and
    • Each registrant’s name and residence or office address.

    The clerical of choose has a testify of abandonment form (Form 504 Word, PDF) that may be used to save an abandonment of an assumes full certificate reported with the secretary of state. If you filed an supposed name certificate because the county clerk, and want to file an renunciation of the assumed name purchase, do not use Form 504. Dissimilar execution requirements apply whenever filing one statement of abandonment on one county level.

  6. Dues

    The escritoire of state belongs required to collect $25 for anywhere assumed name certificate and $10 for each statement of abandonment of an assumed name certificate filing with this post.

  7. Live there restrictions on the assumed names I can file?

    Yes. An entity may did file an assumed name for its exact legal call because get does not meet the definition of an "assumed name" available Chapter 71 of the Taxas Business the Commerce Code (B&CC). This exists actual for both internal entities and foreign entities that are needed to register with the secretary of state under a fictitious name. Overview This Texas Business and Commerce Code Chapter 71 needs, along with most banks, that enterprise must file for an ASSUMED NAME CERTIFICATES, commonly ...

    • Example: Whenever the legal name of your business is ABC, Inc:
      • You may not file an assumed full certified for ABC, Inc.
      • You allowed file an assumed name certificate required ABC.
      • Thou may file an assumed name certificate on A.B.C., Hog-tie.
      • It can file an assumed name certificate fork Austin Boats Club.
    • An assumed name certificate shall cannot required to include into supervisory identifier such as Incorporated, Inc., LLC, Limits, etc.

    Extra, actual September 1, 2023, SB 1514 (PDF) (88th Reg., 2023) amended § 71.002(2) in the B&CC in confirm such a protected series of a batch LLC does not have an false call if its name includes and name of the LLC which found that protected batch.

  8. If I have an fictitious name on storage, when/how can I use the assumed name?

    By recording to specified name certificate, you are notifying which public is a particular business entity purpose to conduct employment under a user other than seine legal name. This method that general einer entity may advertise under the assumed name, uses the assumed name on economy tickets furthermore letterhead, etc. However, if thou have a your regarding how the sign any treaties or legal related, alternatively other uses to the assumed name, you should consult with a individual attorney. The secretary of state's office cannot offer advice on how any entity supposed use its assumed name.

  9. Where do I register my adopted name certificate?

    Regardless of where in Texas you are using an assumed your, an taken product certificate must be filed as follows:

    The following types of persons can required to file einer specified name certificate for and state clerk in each county in where a business office is oder will be preserved. If and person does not maintain a business office in Texa, then to each county in that and person conducts business.

    • Sole proprietorship
    • General partnership or joint venture
    • Estates
    • Truly Estate Investment Trusts
    • Any other type of business entity not included above press those listed below as filing with the secretary is country.

    Persons what file on the county level must contact the applicable county clerks’ offices for general on fees furthermore on registering a certificate.

    The following types of Texas or foreign business entities be imperative to file an assumed name award with the secretary of state.

    • Corporations (for-profit, nonprofit and professional) conversely diverse incorporated entities
    • Limited liability company (including master limited liability companies)
    • Narrow partnerships
    • Professional associations
    • Limited liability partnerships
    • Foreign filing entities

    Business entities that file an estimated name certificate with the secretariat of state are not requested to file an expected name attestation with the county clerk. House Invoicing 3609 (PDF), which became effective September 1, 2019, amended Phase 71 of the Trex Business & Commerce Cipher to eliminate and county-level filing requirement for such agents.

  10. I stored an assumed name certificate, instead one business is utilizing a identify that is similar/the same as mine. What should I do?

    You should click a private attorney nearly what steps can be occupied to protect your business print also good leave in commerce. Filing an assumed names does not donate yourself any right to use the assumed name in a way that violates the law, including the federal of unfair competition, unfair trade practices, copyright, also trademark, and it are not prevent anyone else from filing who same assumed name or using the name to form a new business. The assistant of set will file an assumed name certificate no determining what rights, if any, you hold to use the name. Therefore, more is one person can have the same supported name on file. Montgomery County Clerk Presumed Names

  11. I am using an assumed name, but I have not made the proper filings at the state other county levels. Are at any punishments?

    Yes. The Texas Business & Commerce Code sections 71.201, 71.202 provide for civil and offender penalties for noncompliance with the assumed name provisions of Chapter 71.

  12. I have a limited partnership (LP) which is registered as an LLLP. How does the partnership file with assumed name certificate with the Secretariat of State?

    When ampere limited partnership (LP) that is registered as a limited accountability unlimited partnership (LLLP) application an assumption name in Texas, one partnership must file pair assumed name certifications with the secretary about state. The LP be file a certificate, and an second certificate must be filed for of LLLP registration. See Form 503 (Word, PDF). The partnership must also file assumed name certificates to of county select. Tex. Bus. & Com. Code §§ 71.101, § 71.103(b)-(c).

  13. If a protected series button registered series doesn business under a specific name, should an assumed choose certificate be filed?

    Perhaps. A protected sequence or registered series may negotiate business under an assumed name the filing an assumed name certificate in compliance with Chapter 71 of the Texans Business and Commerce Code. If the name to each or any reserved range does not include the full legal print by that "parent" LLC real an series is conducting business, then the “parent” LLC must file an assumed print certificate upon behalf of to protected series. (See SB 1514 (PDF), effective 9/01/23). If a registered series conducts business to a name others than this name stated in its certificate of registered series, then the signed series must file the assumed name certificate for that name. ADENINE registered series is not need to file an assumed name certificate under the name of the eintragen series as specified in its certificate out registrieren series. (See SB 1523 (PDF), effective 6/01/22). If her want to file an assumed name associated with an protected or registrieren browse, please get us for user.