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Home | Business & Tax | DBA | Texas DBA


Form a Texas DBA



If you need to file your DBA, LegalZoom can help you do it. A DBA statement, or Doing Business As, is what you need to open bank accounts and legally transact business using the name of your new business. Also known as a fictitious business name, LegalZoom takes care of filing this statement in one fast online transaction. Get started today!



TEXAS STATUTORY GUIDELINES

LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.

In Texas, insurance companies are prohibited from filing a DBA. If one does not file, others can sue you but you cannot sue them until you comply, and the other party may be awarded attorneys fees. A violation is considered a Class A Misdemeanor, which can be a fine, one (1) year in jail, or both.

When filing in Texas (corporation, limited partnership, limited liability partnership (registered) or LLC), one must provide:
  • DBA of business
  • Name of the corporation, limited partnership, registered limited liability partnership, or LLC as stated in its articles of incorporation, association, or organization or in its certificate of limited partnership or application filed with the office of the TX Secretary of State
  • Jurisdiction (State/County/Other) where it was organized
  • Address of its registered (or similar) office
  • Period for use of name (10 years maximum
  • Statement specifying that the entity is a/an Sole proprietor, Business corporation, Nonprofit corporation, Professional corporation, Professional association, Other type of corporation, Limited partnership, Registered limited liability partnership, LLC, or other type of incorporated business, professional or other association, or legal entity
  • Whether or not it maintains a registered office in Texas (if yes, must provide the registered office address and the registered agent name; if no, must provide the address of its place of business in Texas and the address of its office outside of Texas, if any)
  • List of the Texas county or counties where it conducts business or renders services (or will) under that name
  • A certificate (for a corporation, LP, Registered LLP, or LLC, it must be signed by an officer, general partner, member, manager, representative, or attorney in fact; if it is executed by an attorney in fact, it must be notarized by the attorney in fact, including a statement of written authorization)
For all other entities, there are necessary items. If the registrant is an individual, one must provide the full name and residence address. If the registrant is a partnership, one must provide the venture/partnership name, the venture/partnership office address, the full name of each partner, and the residence address of each partner (or the office address, if applicable). If the registrant is an estate, one must provide the estate name, the estate office addresses (if any), the full name of each representative, the residence address of each representative (or office address, if applicable). If the registrant is a REIT, one must provide the trust name, the trust address, the full name of each Trustee or Manager, and the residence address of each Manager (or office address, if applicable). If the registrant is a company (other than a REIT) or corporation, one must provide the company or corporate name, the state and country of jurisdiction, and the office address.

In Texas, a DBA expires ten (10) years after filing. A statement specifying that the business or professional service that is or is to be conducted or rendered in the county under such DBA is being or will be conducted or rendered as a proprietorship, sole practitioner, partnership, real estate investment trust, joint-stock company, or some other form of unincorporated business or professional association or entity (other than a limited partnership, LLC, or registered limited liability partnership) is required.

Other than an individual, the filing must be notarized by the attorney, including a statement of written authorization. For a corporation, limited partnership, limited liability partnership (registered), or LLC, filing is required in the office of the Secretary of State, and the office of the County Clerk where the registered office is located. If there is no registered office (i.e., not required), one must file in the office of the County Clerk where its office is located. If the business is not incorporated or registered in Texas, one must file in the office of the County Clerk where its principal place of business is located. One is also required to file in the office of the County Clerk in each county where the principal office is located (if different from its registered office). Other than a corporation, limited partnership, limited liability partnership (registered), or LLC, one is required to file in the office of the County Clerk in each county where business is maintained, conducted or where services are rendered.

If an event causes the information in the filed certificate to be materially misleading, a new certificate must be filed within sixty (60) days. This includes:
  • Changes in the name, identity, entity, form of business or professional organization, or location of a registrant
  • Changes in ownership (for a proprietorship or sole practitioner)
  • The admission of a new partner or joint venturer or whenever any general partner or joint venturer ceases to be associated with the partnership (for a partnership/JV)
  • Changes in the address of such office or identity of agent (if required to maintain a registered or similar office and agent)
Changes in the name, identity, entity, form of business or professional organization, or location of a registrant. Change in ownership (for a proprietorship or sole practitioner). The admission of a new partner or joint venturer or whenever any general partner or joint venturer ceases to be associated with the partnership (for a partnership/JV). Finally, change in the address of such office or identity of agent (if required to maintain a registered or similar office and agent).