Each person who regularly conducts business or renders professional services other than as a corporation, limited partnership, registered limited partnership, or limited liability company in a particular county must file an Assumed Name Certificate or DBA with the CountyClerk’s office so that a record is available as to the business name.Generally, financial institutions such as banks require the filing of these certificates in order to open a bank account in a name other than the owner or partner(s).
An assumed name certificate is effective for ten years from the date of the filing of the certificate or a shorter period of time may be indicated on the application.At the end of the ten year period, the certificate becomes void unless it is renewed within six months prior to the expiration date.Renewing an assumed name certificate is simply completing and filing a new certificate.
By Texas law, the CountyClerk’s office is unable to give legal assistance with completing the form.However, the form has several notes within it to assist with the completion. The Clerk’s office has sample forms in our office to which you can refer.
Please Note:
"The CountyClerk will accept a filing of an assumed name certificate as a notice of intent to use of the assumed name without determining whether the registrant has the right to the use of the name. Consequently, there may be the same assumed name on file by more than one organization. The purpose of the assumed name filing is to provide notice that a business or profession is being conducted under a name that may not clearly identify the owners or participants and to provide further information on the identity and location of such owners or participants. Every business must protect its own business name and the good will that it has acquired from the sale of its good or services in a specific geographic area." Texas Secretary of State
Abandonment or changes to previously filed certificates:
If a registrant who has filed an assumed name certificate ceases to transact business under the assumed name or other material change occurs such as the partners changing, a registrant may abandon the assumed name.The clerk’s office has an abandonment form that may be used for this purpose.Filing an abandonment of the assumed name is not statutorily required but may be appropriate under certain conditions.
Filing with the Texas Secretary of State:
Individuals who will conduct business as an incorporated business, or profession, limited partnership, limited liability partnership, limited liability company or foreign filing entity must file an assumed name certificate with the Texas Secretary of State.The registrant must also file an assumed name certificate in the county where the business’ principal office is located. THE FORM USED TO FILE WITH THE SECRETARY OF STATE IS DIFFERENT FROM THE ONE REQUIRED BY THE COUNTYCLERK’S OFFICE.
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