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Filing for a doing business as (DBA) name, or assumed name, in Texas can offer many benefits for a business, including creating a new brand without establishing a separate legal business entity. Like any business decision, you should learn all you can about a DBA and how to file it before taking those first steps. We compiled this comprehensive guide on all things DBA and how to file one in Texas.

What Is a Texas DBA?

When contemplating starting a business and wondering if a DBA suits you, the best place to start on your journey to learning more is to understand what a DBA is.

A DBA is an assumed name that allows a Texas business to operate under a different name than its legal name. Any business operation can file a DBA in Texas, including a corporation, limited liability company (LLC), partnership, or sole proprietorship.

Why Use a DBA?

You might be wondering, Why bother with filing a DBA? A DBA offers businesses the flexibility to use different names for branding opportunities. For instance, a company can create other names for branding purposes without creating individual legal entities.

This becomes particularly important with a web presence. You can select a DBA name that is catchy, memorable, and promotable while not having to affect your business’s legal name. It also allows for practical uses such as opening bank accounts and establishing credit under the assumed name. 

However, DBA names still must comply with Texas name rules and regulations.

Types of Business Entities and Texas DBA Requirements

Legally, all business structures that regularly conduct business in Texas under a name other than its legal name must file a DBA with the Texas Secretary of State. Most of the DBA filing process and procedure will be the same for all business entities. However, the process does vary slightly depending on the type of business organization you have. 

Sole proprietorships and general partnerships must register their DBA at the county level, while LLCs, limited partnerships (LPs), and corporations must register with the Secretary of State.

This will be an excellent place to start if you do not know your business structure. You must determine what your business structure is before proceeding. Is it an LLC, a corporation, or a sole proprietorship? Once you determine the type of business entity, you can proceed with the DBA filing process.

Sole Proprietorships and General Partnerships

In Texas, sole proprietorships and general partnerships must register their DBA with the local county clerk’s office. The DBA application should be filed in the county where the business is located. 

By registering at the county level, sole proprietorships and general partnerships can operate under an assumed name, allowing them to expand their brand and business.

Corporations, LLCs, and LPs

On the other hand, corporations, LLCs, and LPs must register their DBA name with the Secretary of State’s office. Because of the difference in business structure, registering with the state ensures legal compliance. 

Always adhere to the registration process based on your business structure.

Step-by-Step Guide for How to File a DBA in Texas

There are several steps to follow when filing a Texas DBA, and all must be satisfied to have a successful filing. Think of it as needing a green check mark next to each box before proceeding to the next step. You must complete each step to avoid delay and denial. 

Conduct a Name Search

First, you must conduct a name availability search to ensure your proposed DBA name is not already in use or too similar to one already in use. You can do this using the Secretary of State’s search tool.

Other private companies also offer this service, sometimes for a small fee. It is essential to perform a thorough search to avoid any potential legal issues later. You also do not want to proceed through all the necessary steps of filing a DBA only to learn your desired name is not unique to your brand.

Complete the Assumed Name Certificate

Once you confirm your DBA name is available, you must complete the assumed name certificate. It must include certain required information, such as the DBA name, details about the business owner, and the legal name and address of the owner. Ensure all this information is accurate and current before completing it to avoid unnecessary delays.

Submit Your Paperwork and Pay the Fees

After you complete the name certificate and double-check it for accuracy, it is time to submit the DBA paperwork and pay the applicable fee.

Depending on the type of business, you will submit this to your county clerk or to the Secretary of State and pay the associated filing fee. If you are filing with the State, you must pay a $25 Texas DBA filing fee along with the paperwork, which you can do on the Secretary of State’s website. 

Once you successfully file your Texas DBA, you must keep up with necessary renewals and changes. A Texas DBA is valid for a maximum of 10 years. You must keep track of your DBA expiration date so you can begin the renewal process with ample time before the expiration. 

Managing, Renewing, and Withdrawing a DBA

Should you decide you no longer want your DBA name and want to withdraw it, you must file appropriate abandonment paperwork. You should consider this decision carefully and consult an attorney to discuss potential legal ramifications. 

While the process might sound simple enough, it can feel intimidating, especially if you are a new business owner. Even though the steps and process are pretty straightforward, it is essential that all information is accurate and precise and that you follow the correct procedures.

Our firm can assist you with every step, from conducting the name search to filing the paperwork with the appropriate office. You can save time and money by utilizing professionals to avoid errors and delays.

Ready to file your DBA and ensure your business is set up for success? Don’t navigate the process alone! Our experienced legal team is here to guide you every step of the way. Contact us today to get started! Call Now

Contact Top-Rated Business Formation Lawyers in Texas

At The Zimmerman Law Firm, we have over 85 years of combined experience helping Texans with their businesses, both large and small. If you are ready to take the step with your business and need advice, guidance, or assistance, contact our team today to schedule an appointment.

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Michael Zimmerman

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.

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