Many business names are not the same as the legal name of their business entity. Often, a business will choose to acquire an assumed name for various reasons including, but not limited to, branding and to distinguish themselves. These “business names” are defined as assumed names and are commonly called a “DBA” (doing business as).
Prior to September 2019, a business entity could obtain an assumed name by filing form 503 with the Texas Secretary of State after forming their legal entity. After filing form 503, the entity would also need to file the assumed name certificate with the county clerk in each county according to the Texas Business and Organizations Code. With each county requiring their own separate filings fees, that could be quite an expensive undertaking for many small businesses.
House Bill 3609 became effective September 1, 2019 and modernized the assumed name filing process to place Texas in line with many other states. The bill itself gets rid of the county clerk filing requirement for an assumed name unless you're filing as a joint venture, general partnership, real estate investment trust (REIT), trust, sole proprietor or an estate. In short, many Texas businesses can obtain a proper assumed name certificate by simply filing a Form 503 with the Texas Secretary of State.
Form 503 can be found at the following link: https://www.sos.state.tx.us/corp/forms_boc.shtml
If you're thinking about filing for an assumed name certificate or need help, feel free to contact us at Bertolatus Rodman PLLC!
DISCLAIMER
The information is not offered as legal advice upon which anyone may rely. Information in this article is provided for public informational and educational purposes only. No attorney-client relationship is created by the offering or reading of this article. This law firm does not represent you until expressly retained by written agreement. It is recommended that you seek legal and professional counsel for your individual circumstances prior to taking any action with legal implications.
