Assumed Name

 
•Requirements

•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 county clerk’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).

•The form is $24 to file.


•Effective Period

•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.

•Completing the Form

•By Texas law, the county clerk’s office is unable to give legal assistance with completing the form.

•Special Message from Texas Secretary of State

•"The county clerk 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 goods or services in a specific geographic area."


•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. Filing an abandonment of the assumed name is not statutorily required but may be appropriate under certain conditions.


• Filing with 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 county clerk's office.


•Help with Assumed Name Forms

•Help is available to persons starting their own business. The Small Business Development Center conducts counseling, training, and research to assist you. The center helps with developing a business plan, market research, financial forecasting, marketing, human resource issues, accounting, and financial reporting.
•They help you navigate the myriad of forms that must be utilized. They provide these services both one on one and with training workshops. You can visit their website for help http://www.smallbusinessdevelopmentcenter.com/start/register-your-business/ various forms can be found at the bottom of the link for you to download and print.

Small Business Development Center

701 S. Taylor Suite 118

Amarillo, Texas 79101

Phone: 806-372-5151