An assumed name is a Texas DBA (doing business as). Obtaining a Texas DBA registration will not safeguard your personal assets. Forming a formal company structure, such as an LLC or corporation, can provide you with liability protection as well as a business name.
To begin with a Texas DBA, choose your company entity type:
Partnership or sole proprietorship (if your business is not a formal structure)
Corporation, LLC, or LLP (If your company has a formal structure, such as an LLC or a corporation.)
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In Texas, you may register a DBA for a sole proprietorship or a general partnership.
General partnerships and sole proprietorships must register their Texas DBA with the County Clerk in the county where their business is situated. Estates and real estate investment trusts must also register with the county.
A general partnership is a company created by two or more persons that does not have a formal corporate structure. A sole proprietorship is an unincorporated business held by a single person. In either scenario, the company name is the same as the proprietors’ names. In these circumstances, a DBA might be advantageous for altering the company name to a more marketable one.
A DBA is solely used for branding purposes. A DBA does not safeguard your personal assets in the event that your company is sued. As a result, we highly advise that a DBA be utilised exclusively by a formal company structure such as an LLC or corporation to add new brands to an existing firm.
If you operate an informal company (sole proprietorship or partnership), we highly advise you to create an LLC to keep your business and personal assets distinct. The name of the LLC might be chosen to serve as the business’s brand name.
Step 1: Conduct a Texas Assumed Name Search.
In Texas, registering an assumed name does not preclude others from registering the same name, but it does serve as a public record and serves as notice that you are using it. As a result, coming up with a distinctive name is a fantastic idea.
To begin, go to the website of the Texas Comptroller of Public Accounts and search for your new DBA name to ensure it isn’t currently in use.
Review the Texas naming criteria next. In Texas, assumed names shall NOT contain the following words:
Words that may cause confusion between your firm and a government agency (FBI, Treasury, State Department, etc.)
Words implying that the firm was formed for illegal purposes.
The terms “lottery” or “lotto.”
Words implying that the company was founded by or for the benefit of war veterans or their families. The phrases veteran, legion, foreign, Spanish, handicapped, conflict, and global war are absolutely forbidden.
Restricted terms (for example, bank, attorney, university) may need extra documentation and the participation of a licenced professional, such as a doctor or lawyer, in your operation.
Visit the Secretary of State’s website to learn more about Texas name requirements.
We suggest that you check to see whether your name is accessible as a web domain (URL). You may not want to launch a company website right now, but you may wish to prevent others from gaining your URL.
Step 2: File a DBA with the County Clerk in Texas.
To operate under a DBA, sole proprietors and partnerships must submit an Assumed Name Registration with the relevant county clerk’s office(s).
Sole proprietors and partnerships must file in any county where they conduct or transact business.
We will walk you through the process of obtaining a Harris County DBA (Houston). Please contact your county clerk for guidance in other counties.
The Texas Secretary of State’s website has contact information for your counties.
How to Register a DBA in Harris County
It is a good idea to check the Harris County assumed name database before beginning the DBA filing procedure. Harris County offers many forms based on the number of company owners. Notarization is required for the form.
After you’ve decided on a name, fill out the Assumed Name Registration form and return it to the Harris County Clerk. The certificate may be sent or delivered in person.
Maintain Control of Your Harris County DBA
DBA Concerns
For general inquiries concerning company certificates, assumed names, and DBA regulations, contact Harris County at (646) 386-5955.
Renewal of Your DBA
Your Harris County assumed name may be registered for one year to ten years. After its expiry date, it must be renewed.
Modify Your DBA
To modify your assumed name certificate, you must go through the whole registration procedure again.
Remove Your DBA
To cancel your Harris County assumed name, you must complete one of the following forms:
1-4 Property Owners
5-14 Property Owners
15 or more owners
In Texas, you may register a DBA for an LLC, Corporation, or LLP.
The Texas Secretary of State receives Assumed Name Certificates from incorporated firms.
The following sorts of businesses are considered incorporated:
Corporations, both for profit and non-profit
Professional Corporations and Associations
Limited Partnerships, often known as Limited Liability Partnerships,
Companies with Limited Liability
Entities Filing from Outside the U.S.
STEP 1. Conduct a Texas Business Entity Search
In Texas, registering an assumed name does not preclude others from registering the same name, but it does serve as a public record and serves as notice that you are using it. As a result, coming up with a distinctive name is a fantastic idea.
To begin, go to the website of the Texas Comptroller of Public Accounts and search for your new DBA name to ensure it isn’t currently in use.
Review the Texas naming criteria next. In Texas, assumed names shall NOT contain the following words:
Words that may cause confusion between your firm and a government agency (FBI, Treasury, State Department, etc.)
Words implying that the firm was formed for illegal purposes.
The terms “lottery” or “lotto.”
Words implying that the company was founded by or for the benefit of soldiers or their families. The phrases veteran, legion, foreign, Spanish, handicapped, conflict, and global war are absolutely forbidden.
Restricted terms (for example, bank, attorney, university) may need extra documentation and the participation of a licenced professional, such as a doctor or lawyer, in your operation.
Visit the Secretary of State’s website to learn more about Texas name requirements.
Step 2: Submit Your Assumed Name Certificate in Texas
If your company is incorporated, you must register your DBA with the Texas Department of State.
The state assumed name certificate form will request your new DBA name as well as company details. The form must be filed in duplicate.
Control Your Texas DBA
DBA Concerns
To learn more about DBA regulations, contact the Texas Secretary of State at (512) 463-5555.
Renew Your Business Name with the State
Every ten years, you must renew your assumed name certificate (DBA) with the Secretary of State’s office (or sooner if you registered it for fewer than 10 years)
Modify Your DBA
To update your Assumed Name Certificate, you must go through the whole legal registration procedure again.
Remove Your DBA
Withdrawing a DBA is known in Texas as the Abandonment of an Assumed Name. To complete this procedure, send Form 504 – Abandonment of Assumed Name Certificate to the Secretary of State. The filing fee for this form is $10.