Under section 5.053 of the BOC, the name of a filing entity or a registered series of a Texas LLC or the name under which a foreign filing entity registers to transact business in this state must be distinguishable in the records of the secretary of state from the name of any existing filing entity, the name of a foreign filing entity that is registered to transact business in Texas, the existing fictitious name of a foreign filing entity, the name of another existing registered series of a Texas LLC, and any existing name reservation or name registration filed with the secretary of state.
Texas Administrative Code, Title 1, Part 4, Chapter 79, Subchapter C sets out the rules for determining whether names are distinguishable, the same, or available with consent. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. A final determination cannot be made until the document is received and processed by the secretary of state. Do not make financial expenditures or execute documents based on a preliminary clearance. Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person's rights to the name. See Trademark FAQs for more information.
A name registration is a filing that can be made by an organization that is authorized to do business in Texas as a bank, trust company, savings association, or insurance company, or that is a foreign filing entity not registered to transact business in Texas under the Texas Business Organizations Code. In order to approve a name registration, the name must be distinguishable in the records of the secretary of state from the name of an existing filing entity, foreign filing entity, name reservation or other name registration.
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It depends. Filing a name registration does not give an entity the authority to transact business in Texas. A valid name registration precludes another entity from filing under a legal or fictitious name that is not distinguishable in the records of the secretary of state. A name registration is valid for one year and may be renewed.
No. Chapter 71 of the Texas Business & Commerce 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 underlying business's identity and location. It does not give the registrant any right to use the assumed name in a way that violates the law, infringes on the rightful use of the name by others, and it does not prevent anyone else from filing the same assumed name or using the name to form a new entity with the secretary of state. It is up to each business entity to protect its name and good will.
When filing with the secretary of state, you do not need to submit an assumed name certificate with an original signature. Faxed copies and photocopies of signed certificates are acceptable for filing. Assumed name certificates filed with the secretary of state do not need to be notarized. Form 503 (Word, PDF) may be used for purposes of filing with the secretary of state.
No. However, the law requires an assumed name registrant to file a new assumed name certificate when the information contained in the certificate is or becomes materially misleading. Certain events can cause the information in a certificate to become "materially misleading." For example, a change in the registrant's name, address, or business structure would be considered a material change. If a material change has been made, a new assumed name certificate must be filed within 60 days. See Tex. Bus. & Comm. Code 71.152.
An assumed name certificate must include a stated term or duration for the filing, which cannot exceed 10 years from the date of filing. The certificate expires at the end of the stated term or 10 years from the date of filing. If the registrant decides to continue using the same assumed name, a new assumed name certificate must be filed prior to the expiration of the current certificate.
If you have filed an assumed name certificate with either the secretary of state or with a county clerk and you are no longer conducting business under that assumed name, you may file a statement of abandonment.
The secretary of state has a statement of abandonment form (Form 504 Word, PDF) that may be used to file an abandonment of an assumed name certificate recorded with the secretary of state. If you filed an assumed name certificate with the county clerk, and want to file an abandonment of the assumed name certificate, do not use Form 504. Different execution requirements apply when filing a statement of abandonment on the county level.
Yes. An entity may not file an assumed name for its exact legal name because this does not meet the definition of an "assumed name" under Chapter 71 of the Texas Business and Commerce Code (B&CC). This is true for both domestic entities and foreign entities that are required to register with the secretary of state under a fictitious name.
Additionally, effective September 1, 2023, SB 1514 (PDF) (88th Reg., 2023) amended 71.002(2) of the B&CC to confirm that a protected series of a series LLC does not have an assumed name if its name includes the name of the LLC which established the protected series.
By filing an assumed name certificate, you are notifying the public that a particular business entity intends to conduct business under a name other than its legal name. This means that generally an entity may advertise under the assumed name, use the assumed name on business cards and letterhead, etc. However, if you have a question regarding how to sign any contracts or legal documents, or other uses of the assumed name, you should consult with a private attorney. The secretary of state's office cannot offer advice on how any entity should use its assumed name.
The following types of persons are required to file an assumed name certificate with the county clerk in each county in which a business office is or will be maintained. If the person does not maintain a business office in Texas, then in each county in which the person conducts business.
Business entities that file an assumed name certificate with the secretary of state are not required to file an assumed name certificate with the county clerk. House Bill 3609 (PDF), which became effective September 1, 2019, amended Chapter 71 of the Texas Business & Commerce Code to eliminate the county-level filing requirement for such entities.
You should contact a private attorney about what steps can be taken to protect your business name and good will in commerce. Filing an assumed name does not give you any right to use the assumed name in a way that violates the law, including the laws of unfair competition, unfair trade practices, copyright, and trademark, and it does not prevent anyone else from filing the same assumed name or using the name to form a new entity. The secretary of state will file an assumed name certificate without determining what rights, if any, you have to use the name. Consequently, more than one person can have the same assumed name on file.
When a limited partnership (LP) that has registered as a limited liability limited partnership (LLLP) uses an assumed name in Texas, the partnership must file two assumed name certificates with the secretary of state. The LP must file a certificate, and a second certificate must be filed for the LLLP registration. See Form 503 (Word, PDF). The partnership must also file assumed name certificates at the county level. Tex. Bus. & Com. Code 71.101, 71.103(b)-(c).
Business owners and other authorized individuals can submit a name change for their business. The specific action required may vary depending on the type of business. If the EIN was recently assigned and filing liability has yet to be determined, send Business Name Change requests to the IRS address where you file your return.
If you need acknowledgement of the name change, please ask for one to be sent. Follow the chart below to determine who the authorized individual is to make the business name change for your type of business:
Please note: You do not need to submit proof of the name change if your name has changed due to marriage and you present an ID issued in your new name. You must include the details of the marriage on the second page of Form DS-11.
Please note: you may need to submit Form DS-60: Affidavit Regarding a Change of Name when the name you use is significantly different than the name on your evidence of U.S. citizenship, or your new name cannot be documented by a court order or through marriage. This form must be completed by two people who have known you by both names. You must also submit three certified or original public records that show you have used the new name for five years or more.
You can correct your passport if there is a data or printing error. A data error may include an issue with your name, gender, or place of birth. A printing error may include data is missing on the biographical page, discoloration, or crooked printing. We will correct the error at no charge if the passport is still valid.
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