Name Filings FAQs

The answers to our Frequently Asked Questions are provided for informational purposes and are not intended to provide legal advice or to substitute for the advice of an attorney. If you have specific legal questions, consult your attorney.

• Name Availability
• Name Reservations
• Name Registrations
• Name Changes
• Assumed Name Certificates

Name Availability

How do I determine whether the name I have chosen for my entity will be accepted for filing by the secretary of state?

Under section 5.053 of the BOC, the name of a filing entity or a registered series of a Texas LLC or the name under which a foreign filing entity registers to transact business in this state must be distinguishable in the records of the secretary of state from the name of any existing filing entity, the name of a foreign filing entity that is registered to transact business in Texas, the existing fictitious name of a foreign filing entity, the name of another existing registered series of a Texas LLC, and any existing name reservation or name registration filed with the secretary of state.

Name Reservations

1. If I reserve a name for a corporation, can I use the name to form an LLC?
2. Can I reserve a name online?
3. Can I withdraw or cancel a name reservation before the end of the 120-day reservation period?
4. Can I renew a name reservation?
5. Is there a limit on the number of times I can reserve an entity name?

If I reserve a name for a corporation, can I use the name to form an LLC?

Can I reserve a name online?

Can I withdraw or cancel a name reservation before the end of the 120-day reservation period?

Can I renew a name reservation?

Is there a limit on the number of times I can reserve an entity name?

Name Registrations

1. What is a name registration?
2. Should I file a name registration or an application for registration?

What is a name registration?

Should I file a name registration or an application for registration?

Name Changes

1. How does my business entity change its name?
2. Can I file a name change amendment online?

How does my business entity change its name?

Can I file a name change amendment online?

Assumed Name Certificates

1. Should an assumed name certificate be rejected if there is a certificate already on file for the same or a similar name?
2. Must an assumed name certificate have an original signature and be notarized?
3. Can I amend an assumed name certificate to change incorrect or dated information?
4. How often do I have to file an assumed name certificate?
5. What if I am no longer using an assumed name for my business?
6. Fees
7. Are there restrictions on the assumed names I can file?
8. If I have an assumed name on file, when/how can I use the assumed name?
9. Where do I file my assumed name certificate?
10. I filed an assumed name certificate, but another business is using a name that is similar/the same as mine. What should I do?
11. I am using an assumed name, but I have not made the proper filings at the state or county levels. Are there any penalties?
12. I have a limited partnership (LP) that is registered as an LLLP. How does the partnership file an assumed name certificate with the Secretary of State?
13. If a protected series or registered series does business under a specific name, should an assumed name certificate be filed?

Should an assumed name certificate be rejected if there is a certificate already on file for the same or a similar name?

Must an assumed name certificate have an original signature and be notarized?

Can I amend an assumed name certificate to change incorrect or dated information?

How often do I have to file an assumed name certificate?

What if I am no longer using an assumed name for my business?

• The assumed name which is being abandoned;
• The offices with which the assumed name certificate was filed and the date of filing;
• The office where the statement is being filed; and
• Each registrant’s name and residence or office address.

The secretary of state has a statement of abandonment form (Form 504 Word, PDF) that may be used to file an abandonment of an assumed name certificate recorded with the secretary of state. If you filed an assumed name certificate with the county clerk, and want to file an abandonment of the assumed name certificate, do not use Form 504. Different execution requirements apply when filing a statement of abandonment on the county level.

Fees

Are there restrictions on the assumed names I can file?

• Example: If the legal name of your business is ABC, Inc:
  • You may not file an assumed name certificate for ABC, Inc.
  • You may file an assumed name certificate for ABC.
  • You may file an assumed name certificate for A.B.C., Inc.
  • You may file an assumed name certificate for Austin Boating Club.

  Additionally, effective September 1, 2023, SB 1514 (PDF) (88th Reg., 2023) amended § 71.002(2) of the B&CC to confirm that a protected series of a series LLC does not have an assumed name if its name includes the name of the LLC which established the protected series.

  If I have an assumed name on file, when/how can I use the assumed name?

  Where do I file my assumed name certificate?

  • Sole proprietorship
  • General partnership or joint venture
  • Estates
  • Real Estate Investment Trusts
  • Any other type of business entity not included above or those listed below as filing with the secretary of state.

  Persons who file on the county level should contact the applicable county clerks’ offices for information on fees and on filing a certificate.

  The following types of Texas or foreign business entities are required to file an assumed name certificate with the secretary of state.

  • Corporations (for-profit, nonprofit and professional) or other incorporated entities
  • Limited liability companies (including professional limited liability companies)
  • Limited partnerships
  • Professional associations
  • Limited liability partnerships
  • Foreign filing entities

  Business entities that file an assumed name certificate with the secretary of state are not required to file an assumed name certificate with the county clerk. House Bill 3609 (PDF), which became effective September 1, 2019, amended Chapter 71 of the Texas Business & Commerce Code to eliminate the county-level filing requirement for such entities.

  I filed an assumed name certificate, but another business is using a name that is similar/the same as mine. What should I do?

  I am using an assumed name, but I have not made the proper filings at the state or county levels. Are there any penalties?

  I have a limited partnership (LP) that is registered as an LLLP. How does the partnership file an assumed name certificate with the Secretary of State?

  If a protected series or registered series does business under a specific name, should an assumed name certificate be filed?

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