- Commentary: Any corporation, limited partnership, limited
liability partnership, or limited liability company that regularly conducts business
or renders professional services under an assumed name is required to file an assumed
name certificate with the secretary of state. An assumed name is any name used by
the entity other than the name stated in its organizational documents or application
for registration on file with the secretary of state.
- 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 assumed name certificate.
- 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 since section 71.203 of the Texas Business &
Commerce Code provides that a person commits an offense under section 37.10 of the
Penal Code if the person signs a document the person knows is false in any material
respect with the intent that the document be delivered to the secretary of state
for filing. In addition, a person commits an offense under section 4.008 of the
Texas Business Organizations Code 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.
- Fee: The statutory
fee of $25 must be submitted (Texas Business & Commerce Code, section 71.155(b)).
Payments for web filings may be made by credit card or client account. Selection
of the payment method is performed during the subscriber 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.
- Assumed Name Screen:
The assumed name of the entity should be entered on this screen.
- Period of Use Screen:
The period that the assumed name will be used is entered on this screen. The period
can be entered as a term of years or a date. The term of years cannot be more than
10 years. Enter only the number of years. You do not need to enter the word "year"
or the abbreviation for year. If you enter a date, the date cannot be more than
10 years from the date of the submission of the assumed name certificate. For example,
if you submit the document for filing on September 1, 2019, the date entered cannot
be after September 1, 2029.
- County
Designation Screen: The assumed name certificate must
designate the county or counties in which the entity will conduct business or render
services under the assumed name. You may designate all counties by selecting the
radio button indicating "ALL." Otherwise, select the radio button "ONLY
SELECTED COUNTIES" and then highlight the name or names of the specific county
or counties where the assumed name will be used. To select multiple counties, hold
down the Control Key on your keyboard (or the Command key if using a Macintosh)
as you click on each county.
- Principal Office Address
Screen: The assumed name certificate must state the street or mailing address
of the entity�s principal office. You must enter data for all required fields.
- Execution Screen:
An authorized officer or other duly authorized representative of the entity must
sign the assumed name certificate. An officer or duly authorized representative
signs the electronic document by typing the person's name and title in the field
provided. For example, Jane Esquire, President of Texas, Inc. Or, John Esquire,
General Partner of Texas, LP.
- 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 as secretary of state personnel
cannot edit the electronic document submitted for review. If the document must be
corrected, then click on the �Edit Filing� button to return to the entry screens.
Do not use the Back button on your browser.
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 the receipt notice to your retained copy.
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