Texas assumed name filing guide

Texas calls this filing an assumed name certificate, often shortened by businesses to "DBA" for "doing business as."

The governing rules sit in Chapter 71 of the Texas Business & Commerce Code, and the Texas Secretary of State publishes both an assumed-name FAQ and the instructions for Form 503, the assumed name certificate used for state-level filings.

Texas splits the filing by legal entity type.

Corporations, limited liability companies, limited partnerships, limited liability partnerships, professional associations, and foreign filing entities file the assumed name certificate with the Secretary of State.

Sole proprietorships, general partnerships and joint ventures, estates, real estate investment trusts, and other unincorporated persons instead file with the county clerk in each county where a business office is or will be maintained, or in each county where business is conducted if there is no Texas office.

Since House Bill 3609 took effect on September 1, 2019, entities that file with the Secretary of State are no longer also required to file at the county level.

An assumed name certificate is a notice filing: it tells the public who is behind a business name, but it does not give the registrant any exclusive right to the name, and the Secretary of State does not reject a certificate because a similar name is already on file.

For entities that file at the state level, the Secretary of State's form is Form 503, the Assumed Name Certificate, and the instructions walk through each item: the assumed name itself, the entity's legal name, the entity type and file number, the jurisdiction of formation, the principal office address, the period of duration, and the county or counties where the name will be used.

The filing fee for an assumed name certificate filed with the Secretary of State is $25, and fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent.

The completed form is submitted in duplicate and may be mailed to P.O.

Box 13697, Austin, Texas 78711-3697, or delivered to 400 W. 15th St., Austin, TX 78701.

The Secretary of State also operates SOSDirect, an online business service it describes as available 24/7.

Certificates filed with the Secretary of State do not need to be notarized, and faxed or photocopied signatures are acceptable.

Sole proprietors and general partnerships file instead with the applicable county clerk; the Secretary of State directs those filers to contact the county clerk's office for information on fees and on filing a certificate, so the county-level pages on this site carry the local details for the measured Texas counties.

An assumed name certificate must state its own term, and the term cannot exceed ten years from the date of filing; the certificate expires at the end of the stated term.

A state-level certificate may be renewed by filing a new certificate within six months of the expiration of the original.

There is no procedure to amend or correct an assumed name certificate.

When the information on a certificate becomes materially misleading — for example after a change in the registrant's name, address, or business structure — a new certificate must be filed within 60 days of the event, under Texas Business & Commerce Code § 71.152.

To stop using an assumed name, a registrant may file a statement of abandonment: Form 504 for certificates recorded with the Secretary of State, with a $10 fee for each statement of abandonment filed with that office.

The Secretary of State warns that different execution requirements apply to county-level abandonments and that Form 504 must not be used for a certificate filed with a county clerk.

The Business & Commerce Code provides civil and criminal penalties for noncompliance with the assumed name provisions.

Start with the free official source.

If you operate as an LLC, corporation, limited partnership, limited liability partnership, professional association, or foreign filing entity, download Form 503 and its instructions from the Secretary of State, or use the state's SOSDirect online service, and budget the stated $25 filing fee.

If you operate as a sole proprietorship or general partnership, contact the county clerk in each county where you maintain a business office — this site's Texas county pages link the official county clerk pages for the measured counties.

Before filing, confirm the name is not identical to your legal name, because a certificate for the exact legal name will be rejected.

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