INSTRUCTIONS FOR APPLICATION FOR RESERVATION
AND RENEWAL OF RESERVATION OF ENTITY NAME
(Form 501)

 

  • Commentary: Any person may file an application to reserve an entity name under the provisions of the Texas Business Organizations Code (BOC) by filing an application for reservation of entity name with the secretary of state. On filing the reservation, the name will be reserved for the exclusive use of the applicant for a period of 120 days, unless withdrawn or transferred earlier by the applicant. A name reservation may be renewed for an additional 120-day term by filing a renewal of name reservation no earlier than 30 days before the expiration of the current term of reservation. Instructions for filing a renewal of the name reservation may be found in a separate section of these instructions. You also may submit your application for renewal of name reservation by mail, fax, or in person.

  • Web Form and Content: The web form promulgated by the secretary of state is designed to meet minimum statutory filing requirements and no warranty is made regarding the suitability of this form for any particular purpose. This form and the information provided are not substitutes for the advice of an attorney and it is recommended that the services of an attorney be obtained before preparation of the application for name reservation.

    Certain statutorily required provisions have been drafted with standard pre-printed statements. During the web filing process, you will be directed from screen to screen to provide certain variable information with which to populate the form. After entry of the information, a document image will be displayed for your review. Please review the document carefully for accuracy before submission.

  • Fee: The fee for filing a reservation of entity name or renewal of name reservation is $40 (BOC § 4.151). Payments for web filings may be made by credit card or client account. Selection of the payment method is performed during the SOSDirect client login process. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7% of the total fees. To view the available balance in your client account, select the Account tab from the navigation bar and select "Client Account Statements" from the Account Maintenance Menu.

           I. Instructions for Application for Reservation of Entity Name

  • Entity Type Selection: From the Business Organizations Menu, select Application for Name Reservation as the entity type for which you wish to submit a filing and click on File Document.

  • Filing Type Screen: From the drop down menu, select Application for Name Reservation and click on Continue.

  • Entity Name Screen: Set forth the entity name to be reserved. After entering a name, you may wish to conduct a preliminary search of the name by clicking on the "Name Availability Search" button. Although you are not required to provide an appropriate organizational term for the type of entity that will be using the name to be reserved, provision of the appropriate organizational identifier may facilitate processing of the application for reservation. If you use an organizational identifier in the entity name to be reserved, please refer to the table shown below for appropriate identifiers. Abbreviations may be used with or without punctuation (e.g., L.P. or LP).

    Entity Type
    Appropriate Organizational Terms
    For-Profit Corporation Corporation Incorporated Company Limited Ltd Corp Inc Co
    Nonprofit Corporation An organizational term is not required for a domestic nonprofit corporation. However, the nonprofit corporation may choose to use the same terms as a for-profit corporation.
    Professional Corporation The same as for-profit corporations. However, may also use Professional Corporation or abbreviation PC.
    Public Benefit Corporation Same identifiers that may be used by a for-profit corporation. However, a public benefit corporation may choose to use the phrase "Public Benefit Corporation" or the abbreviation "PBC" as an organizational identifier.
    Professional Association Professional Association Association Associated Associates Assoc or Assn PA
    Limited Liability Company Limited Liability Company Limited Company LLC LC Ltd Co  
    Professional Limited Liability Company Professional Limited Liability Company PLLC        
    Limited Partnership Limited Partnership Limited LP Ltd    

  • Name Availability Search Option: Under sections 5.053 and 5.102 of the BOC and the administrative rules adopted by the secretary of state, the entity name to be reserved must be distinguishable in the records from the name of any existing domestic or foreign filing entity, any fictitious name under which a foreign filing entity is registered to transact business in this state, or any name reservation or registration on file with the secretary of state. If the proposed entity name is not distinguishable in the records of the secretary of state, the document cannot be filed. The administrative rules adopted for determining entity name availability (Texas Administrative Code, title 1, part 4, chapter 79, subchapter C) may be found by using the Help/Fees navigation tab.

    Do not presume that the name searched is "available" and will be approved for filing. Even if you believe the results show that the name is distinguishable, the Office of the Secretary of State must still perform its own search after receipt of the document. A final determination regarding the entity name is not made until an examiner's review and filing of the document. You are strongly urged not to make financial expenditures or regulatory filings based upon the results of your search.

  • If you wish our office to provide a preliminary determination on the availability of the proposed name before submission, you may do so by telephone at (512) 463-5555, by dialing 7-1-1 for relay services, or by e-mail to [email protected] this is only a preliminary clearance. also note that the preclearance of a name or the issuance of a certificate under a name does not authorize the use of a name in violation of another person's rights to the name.

  • Applicant Name and Address Screen: Enter the name of the person for whom the name reservation is made. If the name is being reserved by a corporation, limited partnership, limited liability company or other organized legal entity, please enter this information under organization name. If an individual is reserving the name, please enter the name of the individual as it should appear on the certificate of reservation. Once the application for reservation is filed, the name reservation will be recorded exclusively in the name of the applicant or the applicant’s transferee if a notice of transfer is filed with the appropriate fee ($15).

  • Letter of Consent Attachment Screen: If this office has advised you that a letter of consent for use of a similar name is required, the letter of consent must be sent as an attachment to the document being submitted. Attachments must be in TIF, TXT, or PDF file format to be accepted. If the document does not require an attachment, then click on the "Continue" button to proceed to the next screen.

  • Execution Screen: The applicant, applicant’s attorney or applicant’s agent must sign the application for reservation of an entity name. If the person signing the application is a legal entity, such as a corporation, then an officer must sign on behalf of the corporation. An applicant signs the electronic document by typing the person’s name, representative capacity (if applicable), in the field provided. For example, Jane Esquire, President of ABC Business Organizers, Inc.

  • Document Display Screen: After completing the entry screens, the system will display an image of the document for purposes of your review. Please review the document carefully for accuracy. Please note that a person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a state jail felony.

    If the document must be corrected, click on the "Edit Filing" button to return to the entry screens. If you wish to retain a copy of the document you are submitting, use the printer function of your browser to print the screen. After clicking on the "Submit Filing" button, you will receive a message confirming receipt of the filing that contains the session ID and the document tracking number of the document transmitted. You may wish to attach this receipt notice to your retained copy.

           II. Renewal of Name Reservation
  • A name reservation may be renewed for an additional 120-day term by submitting a renewal of name reservation web filing no earlier than 30 days before the expiration of the current term of reservation. A name reservation that has expired cannot be renewed. If the entity name reservation has expired, a new application for reservation of entity name may be submitted by the user.

    NOTICE: The filing of a renewal of name reservation must be submitted by or on behalf of the current name reservation registrant. The web filing process for the renewal of a name reservation is not designed to transfer the name reservation to another party. If you need to transfer an existing name reservation to another party, you must file SOS Form 506. Form 506 is not available as an SOSDirect electronic filing. A Transfer of Name Reservation must be submitted by mail, fax or by personal delivery.

    To file a renewal of an name reservation using SOSDirect:

    1. Logon to the SOSDirect system and select the Business Organizations Tab.
    2. In the Change Documents frame below Web Filings, input the file number of the unexpired name reservation you wish to renew, if known.  Once the data is entered, click on File Document.
    3. If you do not know the file number, click on the Find Entity button.
      1. On the Find Entity Name Search screen, input the entity name that was reserved and for which you need to file a renewal. Click on Search.
      2. The search results will be returned showing the entity names that match or are very similar to your search parameter. NOTE: Search results will retrieve both active and expired name reservations.
      3. Select the existing name reservation for which you need to file a renewal by clicking on the radio button in the column entitled "Mark ."
      4. If the entity name reservation for which you searched does not appear in the search results and you wish to conduct another search, click on New Search.
      5. When the appropriate existing name reservation is marked, click on Initiate Change Filing.
    4. After initiating the change filing, the next screen will include a drop down menu of the name reservation change filings that may be filed on SOSDirect. Select "Renewal of Name Reservation." After selection of this document, click Continue.
    5. The next screen displays the reserved entity name that is to be renewed for an additional 120-day term. It is not possible to edit, correct, or change the name displayed. The name is provided to confirm selection of the correct name reservation filing being renewed. If there is a need to correct the reserved entity name, you may stop the web filing process by clicking on "Cancel Filing".

      A Certificate of Correction (SOS Form 403) may be filed to an active entity name reservation; however, this filing is not available on SOSDirect. A Certificate of Correction to a filed instrument must be submitted by mail, fax or by personal delivery.

    6. Execution Screen: The current name registrant, or the current registrant�s attorney or agent must sign the application for renewal of name reservation. If the person signing the application for renewal is a legal entity, such as a corporation, then an officer must sign on behalf of the corporation. An applicant signs the electronic document by typing the person�s name, representative capacity (if applicable), in the field provided. For example, Jane Esquire, President of ABC Business Organizers, Inc.

  • Document Display Screen: After completing the execution screen, the system will display an image of the document for purposes of your review. Please review the document carefully for accuracy. Please note that a person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person�s intent is to harm or defraud another, in which case the offense is a state jail felony.

  • Please note that the Renewal of Name Reservation does not allow you to correct or update the reserved entity name or to make updates to current registrant information. If the name or address of the name reservation registrant displayed is not current or is incorrect, click on the "Cancel Filing" button.

  • If the information displayed on the screen is correct and you wish to retain a copy of the document you are submitting, use the printer function of your browser to print the screen. Click the "Submit Filing" button to complete your transaction. After clicking on the "Submit Filing" button, you will receive a message confirming receipt of the filing that contains the session ID and the document tracking number of the document transmitted. You may wish to attach this receipt notice to your retained copy.

  • Withdrawal of Reservation: A registrant may terminate the reservation of a name prior to the expiration of the reservation period by filing a written notice of withdrawal of the reservation. There is no fee for the withdrawal of a reserved name. A withdrawal of a reserved name is not available through SOSDirect at this time. You may submit your withdrawal of the name reservation by mail, fax, or in person.