A Texas DBA filing, formally called an assumed name certificate, is required any time you do business under a name that isn’t your own legal name or your entity’s exact registered name. Sole proprietors and general partnerships file at the county clerk’s office; LLCs, corporations, and other formal entities file with the Texas Secretary of State. The rules live in Chapter 71 of the Texas Business and Commerce Code, and the consequences for ignoring them reach into both civil court and criminal court.
Who Has to File
Whether you need a certificate depends on your business structure and the name you put in front of customers.
If you’re a sole proprietor, you must file whenever your business name leaves out your surname. Maria Lopez operating as “Sunrise Bakery” needs a certificate. “Lopez Bakery” doesn’t trigger the requirement on its own, but “Lopez & Company” or “Lopez & Associates” does, because words suggesting additional owners turn the name into an assumed one.1State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.002 Definitions
If you’re in a general partnership, the business name has to contain the surname of every general partner. Pat Chen and Sam Rivera doing business as “Greenfield Landscaping” need a certificate, since neither surname appears.
If you run an LLC, corporation, limited partnership, limited liability partnership, or any other filing entity, you need a certificate any time you use a name other than the exact legal name on your certificate of formation. Even small variations count. Dropping “LLC” or “Inc.” in day-to-day marketing creates an assumed name that requires a filing.
Where to File
Texas splits assumed name filings onto two tracks.
Unincorporated Businesses File With the County Clerk
Sole proprietors and general partnerships file with the county clerk in every county where they maintain business premises. If you don’t have a physical location, file in each county where you actually conduct business.2State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.054 Place of Filing
Filing Entities File With the Secretary of State
LLCs, corporations, limited partnerships, limited liability partnerships, and foreign filing entities file Form 503 with the Texas Secretary of State. A single state-level filing is enough; no duplicate at the county level is required.3State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.103 Place of Filing
What Goes on the Certificate
Both the county form and state Form 503 ask for the same core information:
- The exact assumed name you plan to use.
- Your full legal name as an individual, or your entity’s name exactly as it appears on your certificate of formation.
- Your entity type.
- How long you plan to use the name, up to a ten-year maximum.
- Each county where you’ll conduct business under the name.
- Your principal office address, with both mailing and street addresses if they differ.
Filing entities also list the state or jurisdiction where they were formed.4State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.102 Contents of Certificate The name itself doesn’t have to be unique. Texas won’t reject your filing because another business already uses the same assumed name, though picking something close to an existing brand can create trademark problems later.
How to File and What It Costs
Filing entities can submit Form 503 electronically through the SOSDirect portal or mail it in.5Office of the Texas Secretary of State. Name Filings FAQs – Section: Assumed Name Certificates The fee is $25.6Office of the Texas Secretary of State. Form 503 – Instructions for Assumed Name Certificate No notarization is needed. The form must be signed by an officer, general partner, member, manager, or other authorized representative.
Sole proprietors and partnerships file in person or by mail with the county clerk. County fees generally run around $18 to $23, with small add-on charges for each additional owner. Some clerks require notarization before they’ll accept the form.7Office of the Texas Secretary of State. Notary Public Educational Information Call your county clerk’s office for its specific fee schedule and submission rules.
Once the filing is processed, you’ll get an acknowledgment or stamped copy. Keep it. Banks routinely ask for it before they’ll open an account under the assumed name.
What Happens If You Skip It
Operating without a required certificate costs you two things.
In civil court, you can’t bring a lawsuit under the assumed name until you file. Your contracts stay enforceable and you can still defend yourself if you’re sued, but you lose the ability to go on the offense. A court can also order you to pay the other side’s expenses, including attorney’s fees, for the hassle of identifying who’s actually behind the business.8State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.201 Civil Action Sanction
On the criminal side, intentionally violating Chapter 71 is a Class A misdemeanor. That carries up to a year in jail and a fine of up to $4,000. Filing a certificate with a material false statement, a forged signature, or an unauthorized signer is a separate offense under the tampering-with-government-records provisions of the Penal Code.9State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.203 Criminal Penalty Fraudulent Filing
How Long the Certificate Lasts
A Texas assumed name certificate is valid for up to ten years from the filing date, and you choose the duration up to that cap when you file.10Office of the Texas Secretary of State. Form 503 – Assumed Name Certificate – Section: Period of Duration When the term runs out, the name’s legal standing lapses on its own. To keep using it, file a fresh certificate before the old one expires.
If something on your certificate changes partway through, say, you move your office or bring in a new partner, you can’t amend. You file a statement of abandonment on the old certificate and then file a new one with the updated details. The abandonment fee with the Secretary of State is $10.11Office of the Texas Secretary of State. Business Filings and Trademarks Fee Schedule If you stop using the name altogether, filing a statement of abandonment clears the record.12State of Texas. Texas Business and Commerce Code Chapter 71 – Section: 71.153 Abandonment of Use of Business or Professional Name
A DBA Is Not a Trademark
A Texas DBA is a public-notice filing. It tells the world who stands behind a business name. It does not give you ownership of the name, and it does not stop anyone else from using the same or a similar name. The county clerk and Secretary of State won’t reject a duplicate.
If you want exclusive rights to your name, you need a federal trademark through the U.S. Patent and Trademark Office. That’s the filing that gives you nationwide rights and the legal footing to stop others from using a confusingly similar name.13USPTO. How Trademarks and Trade Names Differ
EIN and Federal Reporting
Filing a Texas DBA doesn’t change your federal tax picture. You don’t need a new Employer Identification Number just because you added or changed a business name, whether you’re a sole proprietor, partnership, LLC, or corporation.14Internal Revenue Service. When to Get a New EIN On Form SS-4, your legal name goes on Line 1 and the trade name on Line 2. You can file tax returns under either name, but pick one and stick with it; mixing them causes processing delays.15Internal Revenue Service. Instructions for Form SS-4
If your business files a Beneficial Ownership Information Report with FinCEN under the Corporate Transparency Act, list the DBA as an alternate name on the report, and leave off prefixes like “DBA” or “T/A” — just enter the name itself.16Financial Crimes Enforcement Network. Beneficial Ownership Information Report Filing Instructions The BOI program has faced ongoing legal challenges, so check FinCEN’s site for current deadlines before you file.