If you’re planning to start a business in Texas under a name other than your own, you will need to register for a business name. Business name registration is commonly referred to as a Texas DBA or “Doing Business As” but is officially referred to as an Assumed Name. To see if you need to register for a Texas Assumed Name and steps on how to register, check out our guide.
Related: How to start a business in Texas
Who Needs to Register for a Texas Assumed Business Name?
The requirements and need to register for an Assumed Business Name are organized under Texas Statutes Section 71.0011. These requirements vary depending on the type of business entity.
Sole proprietorships and general partnerships are the most common business structures to register for a Texas DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name, but if the small business owner wants to operate under a specific name, they will need to complete the Assumed Name registration.
The legal name of a sole proprietorship or partnership can be the owner’s full first and last name, which can be used without registering. For example, if Mike Walker starts a Texas business repairing air conditioners and operates under the name Mike Walker, he doesn’t need to register. If Mike decides to use a different name and call his business Mike’s HVAC Repair, then he will need to register.
Related: How to start a sole proprietorship in Texas
A corporation, Limited Liability Company, Limited Liability Partnership, or Limited Partnership won’t typically register for a Texas DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a Texas corporation or Limited Liability Company without having to form another entity.
What are the Steps to Register a Texas Assumed Business Name?
Sole Proprietors & Partnerships
Step 1: Search Registered Names
Start off by conducting a name search in each county where the business will operate to verify the name you want to use is available. No other business can have the same business name in the county where you are filing.
Step 2: Obtain the Assumed Name Form
An Assumed Name Certificate will have to be submitted to the Texas County Clerk’s office where the business is located. If the business does not have an office in the state of Texas, a DBA will need to be filed with the County Clerk of each county where the business is physically operating.
Many County Clerks have the Assumed Name form on their website or are available for pick up in their offices. Here is a list of Texas County Clerk’s offices.
Step 3: Fill out the Form
Information requested on the form includes:
- Assumed name being registered
- The physical address of the business
- Type of entity
- Name and address of owners of the business
Step 4: Notarize the Form
Before signing the form, be sure to have a notary witness the signing of the documents. Most County Clerk’s offices offer notary services at no cost.
Step 5: Submit the Form
Submit the filing fee and form.
Corporations, LLCs, LPs & LLPs
Step 1: Verify Name Availability
A business may not register a name that is the same as or similar to that of another corporation or LLC registered in Texas. To find out if your name is available, do a Texas business name search on the Texas Comptroller of Public Accounts website.
Step 2: Fill out the Form
Information requested on the Assumed Name Certificate (Form 503) includes:
- The assumed business name being requested
- The current legal name of the business
- Type of business entity
- Secretary of State file number
- Jurisdiction of the business
- Principal office address
- County/counties where the name will be used
- Assumed name registrant
Step 3: Submit the Form
The Assumed Name Certificate can be sent by Mail, fax, or in Person. Note that it must be submitted in duplicate!
To submit in person, go to the:
James Earl Rudder Office Building
1019 Brazos
Austin, Texas 78701
The mailing address is:
Texas Secretary of State
P.O. Box 13697
Austin, Texas 78711-3697
To send by fax, the number is: (512) 463-5709
Step 4: County Filing
In addition to filing with the Secretary of State, a DBA needs to be filed with the County Clerk’s office in the county where the principal office is located. If there is no principal office in Texas, a DBA will need to be filed in each county where the entity physically will do business.
Texas DBA FAQs
After registering the Assumed Name, can someone use my business name?
While registering your Assumed Name will keep someone else from registering the exact same name in the state of Texas, it does very little to stop someone else from operating that business name in other states. If stopping others from using your business name is important, you can protect it through a trademark.
Related: How to trademark a business name
How much does a Texas Assumed Name cost?
The filing fee to register an Assumed Name for sole proprietorships and partnerships in Texas varies by county but is usually around $15. A DBA registration will need to be filed in the county where a business office will be located. If there is no business office in the state of Texas, a filing is required in each county where the person conducts business.
Corporations & LLCs will be charged $25 to register with the Texas Secretary of State, plus approximately $15 to file with the county where the principal office is located.
The name registration is valid for 10 years and can be renewed.
How many DBA can an LLC have in Texas?
There are no limitations to the number of DBAs that can be registered in Texas.
Does a DBA need an EIN?
An EIN or Employer Identification Number is a unique nine-digit number that some businesses will register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
Related: How to register for an EIN in Texas
What is the difference between a Texas Assumed Name and a business license?
These are actually two different business registrations. In addition to the Texas DBA registration, most businesses will also need a business license. The licenses a business will need vary depending on what the business does and local registration requirements.
Can I get a Texas DBA online?
Sole proprietorships and partnerships will need to register with the county where the business is located.
While corporations and LLCs can file a DBA online with the Texas Secretary of State’s office online, they will still need to physically file with the county where the business is located. If the primary location of the business is outside of Texas, they will need to file with each county where the business physically works.
Are there any restrictions on the words used in a Texas DBA?
A name may not contain the words of a licensed professional, such as a doctor, lawyer, etc. Additionally, words that refer to banking or a university can’t be used unless the business is licensed.
Words such as lotto or lottery are restricted, as well as words that imply that the business is organized as or affiliated with groups such as veterans or those with disabilities unless the business is set up to do so.
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