How to File a DBA in Texas
In Texas a DBA is an Assumed Name Certificate. An LLC or corporation files Form 503 with the Secretary of State for $25; a sole proprietor files with the county clerk. Attorney review available.
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Introduction
In Texas, a DBA is registered as an Assumed Name, the public filing that lets a person or business use a name different from its legal name. It is governed by the Assumed Business or Professional Name Act (Tex. Bus. & Comm. Code Ch. 71). Where you file depends on who you are. A corporation, limited liability company, limited partnership, limited liability partnership, or other filing entity that regularly does business under an assumed name files an Assumed Name Certificate with the Texas Secretary of State (Tex. Bus. & Comm. Code 71.101 and 71.103), which is Form 503, with a $25 filing fee. A sole proprietor or general partnership instead files with the county clerk in each county where it maintains business premises or conducts business (Tex. Bus. & Comm. Code 71.054); the county clerk sets that fee, so it is not a single statewide amount and you confirm it with your county. A 2019 change (House Bill 3609, effective September 1, 2019) ended the extra county filing that corporations and LLCs used to also make, so those entities now file only with the Secretary of State. Filing an assumed name does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. Texas does not require you to publish the assumed name in a newspaper. A Texas Assumed Name Certificate is effective for a term of up to 10 years from the date it is filed, and to keep the name you file a renewal certificate within the six months before it expires (Tex. Bus. & Comm. Code 71.151). DocDraft builds your Texas assumed name statement from your facts, with attorney review available before you file.
Key Things to Know
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In Texas a DBA is called an Assumed Name. It is a public registration that lets you use a business name different from your legal name; it creates no separate legal entity and is governed by Tex. Bus. & Comm. Code Ch. 71.
- 2
Filing is split by who you are. A corporation, LLC, LP, LLP, or other filing entity files an Assumed Name Certificate with the Texas Secretary of State on Form 503 (Tex. Bus. & Comm. Code 71.101 and 71.103).
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The Secretary of State filing fee for the Assumed Name Certificate (Form 503) is $25.
- 4
A sole proprietor or general partnership files instead with the county clerk in each county where the business has premises or does business (Tex. Bus. & Comm. Code 71.054). The county clerk sets that fee, so confirm the amount with your county.
- 5
Texas does not require newspaper publication of an assumed name. Chapter 71 has no publication step, so once your certificate is filed there is nothing to publish.
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A Texas Assumed Name Certificate is effective for a term of up to 10 years from the date it is filed, and you file a renewal certificate within the six months before it expires to keep the name (Tex. Bus. & Comm. Code 71.151).
- 7
A DBA does not give you ownership of or an exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Texas, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Texas Requirements for DBA (Doing Business As)
File Depends on Who You Are
In Texas a DBA is an Assumed Name Certificate, and where you file is split by filer type under the Assumed Business or Professional Name Act (Tex. Bus. and Comm. Code Ch. 71). Entities file with the Secretary of State; sole proprietors and general partnerships file with the county clerk.
Entities File Form 503 With the State
A corporation, LLC, LP, or LLP that regularly does business under an assumed name files Form 503 with the Texas Secretary of State (Tex. Bus. and Comm. Code 71.101 and 71.103). The Secretary of State filing fee is 25 dollars.
Sole Proprietors File With the County
A sole proprietor or general partnership files with the county clerk in each county where the business has premises or does business (Tex. Bus. and Comm. Code 71.054). The county clerk sets that fee, so confirm the current amount with your county clerk.
The Assumed Name
The exact assumed name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and it is required when the operating name differs from the legal or registered name.
Registrant and Owners
The full legal name and address of the registrant, the type of registrant, and the name and address of each owner who will use the assumed name. For a general partnership, every partner is listed and signs the certificate.
No Newspaper Publication
Texas does not require publication of an assumed name in a newspaper. Chapter 71 has no publication step, so once the Assumed Name Certificate is filed there is nothing further to publish.
Ten-Year Term and Renewal
A Texas Assumed Name Certificate is effective for a term of up to 10 years from the date it is filed (Tex. Bus. and Comm. Code 71.151). File a renewal certificate within the six months before it expires to keep the name.
No Entity, No Trademark, No Liability Shield
A Texas DBA is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.