You may obtain more information about assumed names from the Texas Business and Commerce Code. For assumed name filing FAQ’s, please refer to the Texas Secretary of State. Some states impose monetary penalties, which can mount up, while others impose criminal fines. In some states, you cannot enforce a contract or bring a lawsuit until you have properly registered your assumed name.
These businesses will need to provide the chosen assumed name, the legal name and residential address of each owner, and the business’s principal office address. The specific form is obtained directly from the County Clerk’s office or its official website. The application typically asks for the business address, which should be a physical street address rather than a post office box. The type of business entity, such as a sole proprietorship, partnership, LLC, or corporation, must be specified. A description of the nature of the business or the services provided under the assumed name is also requested.
Preparing a Certificate of Assumed Name application involves gathering specific details. The primary information required includes the proposed assumed name and the legal name of the individual or entity filing the certificate. For a sole proprietor, this is their full legal name; for a corporation or LLC, it is the name registered with the state. After initial filing, ongoing responsibilities include periodic renewal, which jurisdictions typically require every one to ten years.
The local office will also inform you about the process, paperwork, and any legal nuances specific to your locality. An assumed name and a DBA (Doing Business As) are often used interchangeably, but there’s a slight difference between the two. An assumed name refers to any name a business operates under that is different from its legal name, while a DBA is the formal registration of that name. Registering a DBA allows businesses to operate under a different name without forming a separate legal entity. It’s commonly used by sole proprietors, partnerships, and corporations looking to rebrand or expand. Both terms serve the same purpose legally, but the terminology may vary depending on the state or local requirements.
The first step in obtaining an Assumed Name Certificate is to contact your local county clerk’s office or the appropriate state agency. This office handles the registration of business names and can provide the specific forms and guidance needed for your application. It’s important to gather all necessary business information and ensure that your desired business name is not already in use.
If you’re ready to file for an assumed name, our DBA formation service makes the process simple and stress-free, ensuring everything is completed correctly from start to finish. In the case of a sole proprietorship or partnership, the legal name is the name of the owner or partners. Maintaining a Certificate of Assumed Name involves ongoing compliance to ensure the business’s public record remains accurate.
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- An assumed name allows a business to operate under a designation distinct from its official legal name.
- Find your county clerk’s office using the Secretary of State’s List of County Clerks.
- If you fail to do so, you may incur fines and risk personal liability if anyone sues your business.
- The information you provide to bizee is NOT protected by attorney-client privilege.
- Each county may have additional procedural requirements or forms, necessitating verification of local regulations.
In a number of states, you are also required to publish an assumed name notice in a local newspaper. If any business information changes, such as the business address, the assumed name itself, or the ownership structure, an amendment to the certificate is typically required. If a business ceases operations or no longer uses the assumed name, it is important to file a cancellation or withdrawal of the certificate to remove it from public record. Keeping this information current is essential for legal compliance and transparency. You’ll need to file with the county clerk’s office in the county where your principal office is located or where you conduct business (if you don’t have an office). Most counties will have an assumed name certificate that you can fill out and submit to the county clerk’s office.
- Unincorporated businesses like sole proprietorships and general partnerships must file with the county clerk in the county where their principal office is located (forms and fees vary).
- Filing requirements vary by jurisdiction, often involving both state and county-level regulations.
- Understanding what an assumed name is and how it can benefit your business can help you decide if filing for one is the right step for you.
- If you’re sharing contact information with another business name or using your personal contact information, you’ll end up confusing customers and you may not appear very professional.
- If such a business wishes to use a more marketable name, like “Main Street Bakery” instead of “Jane Doe,” a DBA filing becomes necessary.
Failing to renew means the certificate becomes void, and the business will be out of compliance. The method of submission varies depending on whether you are filing with a County Clerk or the Texas Secretary of State, as each office has its own procedures for accepting documents and fees. This guide clarifies the correct steps for your business structure to ensure legal compliance. The “One Big Beautiful Bill Act” (OBBBA, or more formally known as Public Law ) implements some tax code changes that could have a significant impact on businesses and their owners. Signed into law on July 4, 2025, the OBBBA contains a combination of new tax…
Maintaining a Certificate of Assumed Name
If you are operating your business — selling products or services, hiring employees — you will most likely be considered to be doing business. In other cases, an examination of all the facts and circumstances may be necessary to make the determination. Depending on the jurisdiction you’re doing business in, an assumed name may also be referred to as a DBA (“doing business as”), fictitious name, or trade name. Look for a bank that offers assumed name certificate low fees on checking accounts and low-interest rates on borrowing but high-interest rates on savings accounts. According to Chapter 71 of the Texas Business and Commerce Code, any business that operates under a DBA in Texas must register that name. If any of the information on the most recently filed Certificate of Assumed Name has changed or is incorrect, use the following form to change the filing.
Filing an assumed name does not grant ownership or exclusive rights to the name; it is a public notice filing. Business owners may also have to publish a notice in their local newspaper to notify the public that they will use an assumed name. That’s a rule in many states to ensure that people know who owns the business to prevent unscrupulous entrepreneurs with poor reputations from trying to hide behind a fictitious name. Filing for an assumed name allows you to conduct business under a different name without having to refile your formation paperwork which can save you time and headaches. However, it is extremely important to register properly to avoid mistakes and legal issues.