Why do I need to file an Assumed Name Certificate?
The Texas Business and Commerce Code require businesses to file assumed name certificates.
In addition, most banks will not allow a business checking account to open without a proper filing. The filing neither of an assumed name certificate nor the reservation or registration of a company name imparts any real protection to the party filing. It is merely a formal process that informs the public of the registered agent for a business, and where an official contact made with the business.
Where do I file?
If the business will operate as a sole proprietorship or a partnership, an assumed name certificate for each name (or deviation of that name) the business will use must be on file with the county clerk in each county in which the business will operate. If the business will operate as a corporation, and the business will be identified by a name other than the corporate name, an assumed name certificate (D.B.A.) will need to be filed with each county in which the business will operate under the assumed name.
What is the cost to file an Assumed Name?
The filing fee is $24.00 and .50 for each partner after the first. Add a $2.00 Acknowledgements fee if the deputy takes the acknowledgment instead of a notary.
Does the County Clerk’s Office research availability of a business names?
No. Computers are available in the Assumed Name area for researching business names.
How long is the Assumed Name valid?
Ten years.
Does your office monitor or verify that duplicate filings have not occured?
No. If a corporation and an unincorporated company have very similar names and there is a problem, neither automatically has the right to the name. If both parties have properly filed the assumed name certificate the courts will most likely have to decide this matter. Therefore, it is important to do a thorough search when considering a business name.
Will your office mail out forms?
Yes. You must send a written request and a self- addressed stamped envelope. You will need to request whether you need an unincorporated or incorporated form.
