- Registration Assumed Name Under an Entity: You can add an additional name under a corporation, Limited Liability Company or any other entity is registered with the Texas Secretary of state. It is also called a DBA.
- Register Assumed Name as a Sole Proprietorship: A single business owner is planning to transact business under a legal name is required to file an assumed name with the county clerk's office as a sole proprietorship.
Following is the requirement to create dba in Texas:
- Business name search
- Notarize by the owner (if applicable)
- Filing with the county or state
- Owner name and address
- Business address
- Business description
- Legal notice or publication in the newspaer (if applicable)
DBA Name Search
- DBA name under a corporation or a limited liability company can be checked electronically.
- To check the name availability of a dba for sole proprietorship must be checked with the county clerks office either over the phone or physically visiting the office.
Processing Time
- Assumed business name for a business entity can be filed online, and TX secretary of state usually takes 24-48 hours to approve the name if applicable.
- Assumed business name as a sole proprietorship needs to be signed and notarized, before filing with the county clerk's office. You can get the same day, if filed over the counter.
Validity of an Assumed Name in Texas
Assumed name has to be renewed every after ten years.
Publication Requirement
News Paper publication is not applicable for an assumed name in the state of Texas.
Name reservation of a Sole Proprietorship
Secretary of state and the county clerk's office does not reserve a name for a sole proprietorship.
DBA Name Protection
Multiple businesses can use the same dba name, because the state of TX act does not protect it. The state of Texas does not reject the filings of a dba duplicate name. You need to file for a trademark in order to protect the name.
Certificate of Good Standing for a Sole Proprietorship
Secretary of state Texas and the county clerk's office does not issue a certificate of good standing for a sole proprietorship.
Electronic Filings
- DBA under a corporation or Limited Liability Company can be filed electronically and the Texas Secretary of state will process it the same day.
- Electronic filing is not available for a sole proprietorship, because the original signatures are required.
Amendment in the existing DBA
Any material change in the dba cannot be amended such as a change in the registrant’s name, address, or business structure.
Discontinue assumed name
The statement of abandonment must be filed in order to cancel a DBA.