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Undersection 5.053 of the BOC, the name of a filing entity or a registered series of a Texas LLC or the name under which a foreign filing entity registers to transact business in this state must be distinguishable in the records of the secretary of state from the name of any existing filing entity, the name of a foreign filing entity that is registered to transact business in Texas, the existing fictitious name of a foreign filing entity, the name of another existing registered series of a Texas LLC, and any existing name reservation or name registration filed with the secretary of state.

Texas Administrative Code, Title 1, Part 4, Chapter 79, Subchapter C sets out the rules for determining whether names are distinguishable, the same, or available with consent. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. A final determination cannot be made until the document is received and processed by the secretary of state. Do not make financial expenditures or execute documents based on a preliminary clearance. Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person's rights to the name. See Trademark FAQs for more information.

A name registration is a filing that can be made by an organization that is authorized to do business in Texas as a bank, trust company, savings association, or insurance company, or that is a foreign filing entity not registered to transact business in Texas under the Texas Business Organizations Code. In order to approve a name registration, the name must be distinguishable in the records of the secretary of state from the name of an existing filing entity, foreign filing entity, name reservation or other name registration.

It depends. Filing a name registration does not give an entity the authority to transact business in Texas. A valid name registration precludes another entity from filing under a legal or fictitious name that is not distinguishable in the records of the secretary of state. A name registration is valid for one year and may be renewed.

An application for registration, formerly called a certificate of authority, is filed by a foreign corporation, limited liability company, limited partnership, limited liability partnership, professional association, or other foreign entity as listed in section 9.001 of the Texas Business Organizations Code when the entity will be transacting business in Texas. Filing an application for registration gives a foreign filing entity the authority to transact business in Texas. However, the need to file an application for registration depends on the nature and extent of the activities of the entity in Texas. In addition, a foreign entity may need to file an application for registration with the secretary of state in order to meet other state law requirements.

No. Chapter 71 of the Texas Business & Commerce Code does not authorize rejection of an assumed name certificate on the basis of a name conflict. Therefore, there may be multiple assumed name certificates on file with the secretary of state for the exact same name. An assumed name certificate provides information about the underlying business's identity and location. It does not give the registrant any right to use the assumed name in a way that violates the law, infringes on the rightful use of the name by others, and it does not prevent anyone else from filing the same assumed name or using the name to form a new entity with the secretary of state. It is up to each business entity to protect its name and good will.

When filing with the secretary of state, you do not need to submit an assumed name certificate with an original signature. Faxed copies and photocopies of signed certificates are acceptable for filing. Assumed name certificates filed with the secretary of state do not need to be notarized. Form 503 (Word, PDF) may be used for purposes of filing with the secretary of state.

No. However, the law requires an assumed name registrant to file a new assumed name certificate when the information contained in the certificate is or becomes materially misleading. Certain events can cause the information in a certificate to become "materially misleading." For example, a change in the registrant's name, address, or business structure would be considered a material change. If a material change has been made, a new assumed name certificate must be filed within 60 days. See Tex. Bus. & Comm. Code 71.152.

An assumed name certificate must include a stated term or duration for the filing, which cannot exceed 10 years from the date of filing. The certificate expires at the end of the stated term or 10 years from the date of filing. If the registrant decides to continue using the same assumed name, a new assumed name certificate must be filed prior to the expiration of the current certificate.

If you have filed an assumed name certificate with either the secretary of state or with a county clerk and you are no longer conducting business under that assumed name, you may file a statement of abandonment.

The secretary of state has a statement of abandonment form (Form 504 Word, PDF) that may be used to file an abandonment of an assumed name certificate recorded with the secretary of state. If you filed an assumed name certificate with the county clerk, and want to file an abandonment of the assumed name certificate, do not use Form 504. Different execution requirements apply when filing a statement of abandonment on the county level.

Yes. An entity may not file an assumed name for its exact legal name because this does not meet the definition of an "assumed name" under Chapter 71 of the Texas Business and Commerce Code (B&CC). This is true for both domestic entities and foreign entities that are required to register with the secretary of state under a fictitious name.

By filing an assumed name certificate, you are notifying the public that a particular business entity intends to conduct business under a name other than its legal name. This means that generally an entity may advertise under the assumed name, use the assumed name on business cards and letterhead, etc. However, if you have a question regarding how to sign any contracts or legal documents, or other uses of the assumed name, you should consult with a private attorney. The secretary of state's office cannot offer advice on how any entity should use its assumed name.

The following types of persons are required to file an assumed name certificate with the county clerk in each county in which a business office is or will be maintained. If the person does not maintain a business office in Texas, then in each county in which the person conducts business.

Business entities that file an assumed name certificate with the secretary of state are not required to file an assumed name certificate with the county clerk. House Bill 3609 (PDF), which became effective September 1, 2019, amended Chapter 71 of the Texas Business & Commerce Code to eliminate the county-level filing requirement for such entities.

You should contact a private attorney about what steps can be taken to protect your business name and good will in commerce. Filing an assumed name does not give you any right to use the assumed name in a way that violates the law, including the laws of unfair competition, unfair trade practices, copyright, and trademark, and it does not prevent anyone else from filing the same assumed name or using the name to form a new entity. The secretary of state will file an assumed name certificate without determining what rights, if any, you have to use the name. Consequently, more than one person can have the same assumed name on file.

When a limited partnership (LP) that has registered as a limited liability limited partnership (LLLP) uses an assumed name in Texas, the partnership must file two assumed name certificates with the secretary of state. The LP must file a certificate, and a second certificate must be filed for the LLLP registration. See Form 503 (Word, PDF). The partnership must also file assumed name certificates at the county level. Tex. Bus. & Com. Code 71.101, 71.103(b)-(c).

New Jersey law requires a new public business entity to have a name which is not the same (or similar) as another active entity. Use our online Name Availability Look-Up Service to see if a business name is currently available for use.

You may also browse names on file with the State of New Jersey to get a general sense of which names are available. You may browse names online free of charge. When checking a name, be exact. The spacing of letters and punctuation will alter the results of your search. Should you begin forming your business with a name already in use, the registration will be denied and any expense to correct the filing will be borne by the business entity.

Foreign businesses (those formed outside of New Jersey) seeking authorization to do business in this state must determine if the exact name on the formation document in their home state may be used in New Jersey.

Example: A. B. C. North Boulevard, a Delaware business is seeking authorization to do business in New Jersey. When determining the name availability, the business must check on its exact formation name.

The incorrect versions illustrate differences from the formation name as a result of spacing of letters, punctuation and abbreviation of a word. The availability of the exact formation name must be determined. Filing using the incorrect formation name would be rejected and authorization to do business in New Jersey delayed.

If you are a foreign (non-New Jersey) business and the corporate name is already taken in this state, you will need to establish a secondary or 'doing business as' name for New Jersey purposes. This 'doing business as' or "dba" name must also be available and not taken by another business entity. When submitting the registration document, you will indicate the business name exactly as it was established in the home state followed by the name to be used in New Jersey.

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