Assumed Name Form

What is the assumed name?

An assumed name, also known as a fictitious name or DBA (doing business as), is a name that a business uses that is not its legal name. In Texas, businesses may choose to operate under an assumed name to create a brand identity separate from their official business entity name. This can be beneficial for marketing purposes and helps consumers identify the business more easily. For example, if a sole proprietor named John Smith opens a bakery called "Sweet Treats," he would be using an assumed name.

How to obtain the assumed name

To obtain an assumed name in Texas, you must file an assumed name certificate with the appropriate county clerk's office where your business operates. The process typically involves completing an application form that includes details about the business and the desired assumed name. It's important to ensure that the name is not already in use by another entity in Texas. Once the application is submitted and approved, the assumed name certificate will be issued, allowing you to legally operate under that name.

Steps to complete the assumed name

Completing an assumed name application involves several key steps:

1. Choose your desired assumed name and ensure it complies with Texas naming regulations.
2. Visit the website or office of the county clerk where your business is located to obtain the assumed name application form.
3. Fill out the application form with accurate information, including your business entity type and the assumed name.
4. Submit the completed form, along with any required fees, to the county clerk's office.
5. Receive your assumed name certificate once the application is processed.

Legal use of the assumed name

Using an assumed name legally requires compliance with state regulations. In Texas, businesses must file the assumed name certificate with the county clerk to ensure that the name is registered. This protects the business from potential legal issues related to name disputes. Additionally, using an assumed name does not create a separate legal entity; the business owner remains personally liable for any debts or obligations incurred under that name. It is crucial to maintain accurate records and renew the certificate as required to avoid lapses in legal protection.

Required documents

When applying for an assumed name in Texas, certain documents are typically required:

• A completed assumed name application form.
• Identification, such as a driver's license or state ID, to verify your identity.
• Payment for any applicable filing fees, which may vary by county.

Some counties may have additional requirements, so it is advisable to check with the local county clerk's office for specific documentation needed.

Form submission methods

In Texas, the assumed name application can usually be submitted in several ways:

• Online: Many counties offer online filing options through their official websites.
• By Mail: You can send the completed application form and payment to the county clerk's office via postal mail.
• In-Person: Visit the county clerk's office to submit the application directly and receive immediate confirmation.

Choosing the right submission method can depend on your preference for speed and convenience.