Whether a business entity is “doing business” so as to be subject to the assumed name statute is a legal question that should be determined by the business entity’s counsel. Filing for an assumed name certificate allows businesses to operate under a name that differs from their legal name, providing greater flexibility for branding and marketing. It helps build recognition by creating a name that resonates with customers and fits the business’s identity. Registering an assumed name also ensures compliance with local laws, protecting the business from legal issues. It can make opening business bank accounts and signing contracts easier, as many banks and vendors require proof of registration. For businesses looking to expand services or enter new markets, an assumed name offers a simple way to create a fresh identity without forming a new legal entity.
- In some states, you cannot enforce a contract or bring a lawsuit until you have properly registered your assumed name.
- Filing methods include mailing the form, submitting it online, or filing in person.
- In most states, the information required will depend upon the type of entity (e.g., corporation versus sole proprietorship).
Two of the most commonly asked about topics with legal implications are:
- Below are a few common ways an assumed business name could benefit your business.
- Filing for an assumed name may seem straightforward, but errors can lead to delays or compliance issues.
- An assumed name and a DBA (Doing Business As) are often used interchangeably, but there’s a slight difference between the two.
- However, it’s important to check with your state department to figure out what that process would look like for you and your business.
Corporations or Limited Liability Companies (LLCs) also need to file if they conduct business under a name different from their officially registered corporate or LLC name. Filing requirements vary by jurisdiction, often involving both state and county-level regulations. Many financial institutions require a certified copy of an assumed name certificate to open a business bank account under the assumed name. The application process for an assumed business name certificate varies from state to state. In other states, filing for an assumed name certificate is as simple as visiting your county clerk’s office, filling out a registration form, and paying a fee.
However, it is extremely important to register properly to avoid mistakes and legal issues. If you’re ready to file for an assumed name, our DBA formation service makes the process simple and stress-free, ensuring everything is completed correctly from start to finish. Using an assumed name without proper registration can result in penalties, fines, or legal disputes, especially if another business claims rights to the name. Businesses may also face difficulties enforcing contracts or pursuing legal action if the name isn’t properly registered.
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Completed forms can be mailed to our office, or an appointment can be scheduled for in-person service. Use this form to cancel a certificate of Assumed Name that’s currently on record. Signatures of all current applicants or an assumed name certificate Authorized Agent are required for submission. Contact us today for business registration and business compliance assistance. A number of states provide that the assumed name filing is effective for a certain period of years and must be renewed.
After publication, the newspaper will return an affidavit of publication which should be retained by the business. If a business decides to stop using one or more of its assumed names, it can generally make a filing to cancel its assumed name registration. Some assumed name provisions are found in the state’s business entity statutes. Others are found in the state’s laws dealing with consumer protection or unfair trade practices. When planning to use an assumed business name, it’s advisable to start the registration process as early as possible.
Learn its role in business identity and how to navigate its requirements. A consent form is required if there is a conflict between the business name you are filing and an existing business name. A consent form needs to be submitted along with the original filing or amendment you wish to record.
ASSUMED NAME CERTIFICATE:
Tarrant County is not responsible for the content of, nor endorses any site which has a link from the Tarrant County website. You may obtain more information about assumed names from the Texas Business and Commerce Code. For assumed name filing FAQ’s, please refer to the Texas Secretary of State. If you do, then you will most likely need to file separate documents for each name you are using. In many states, your filing responsibilities don’t end with the initial registration.
Business Forms & Fees
Sales taxes (if your business is required to collect sales tax) are filed separately from income taxes and are paid to the state and or local taxing authorities. Consult your state comptrollers office or state tax office for your states rules. Unincorporated assumed name applications may be partially completed and saved online, but applicants must appear in person to sign the application and pay the required fee. The process can be completed at the downtown location or at a Tarrant County subcourthouse location. Any business that uses an assumed name should take steps to comply with the assumed name statutes in the state(s) in which it does business.
A written request for the expedited processing desired must be submitted with the Certificate of Assumed Name and must indicate the level of expedited processing requested. Certificates of Assumed Name submitted through the mail should be marked with the notation “Expedited Handling” on the envelope and in your cover letter. Certificates of Assumed Name submitted via fax with the Credit Card/Debit Card Authorization Form must specifically indicate the level of expedited processing requested. Mail completed assumed name and/or disposition of interest application with a check or money order payable to Mary Louise Nicholson, County Clerk. (Please include a self-addressed, stamped envelope.) The application(s) must be notarized and contain original signatures.
Filing Your Assumed Name Certificate
It’s commonly used by sole proprietors, partnerships, and corporations looking to rebrand or expand. Both terms serve the same purpose legally, but the terminology may vary depending on the state or local requirements. If your business operates as a corporation, limited liability company (LLC), or limited partnership (LP), your business’s legal name is the one used on the formation document. The business entity laws generally require the foreign entity’s name to be distinguishable upon the records of the Secretary of State from the names of other domestic or foreign business entities.
If any of the information on the most recently filed Certificate of Assumed Name has changed or is incorrect, use the following form to change the filing. For instructions and fees regarding filing a Disposition of Interest form, please see the link below. Business owners are required to establish an account with Tarrant Appraisal District (TAD). There are deadlines involved that can result in penalties so timely submission is suggested. An assumed business name, also called a DBA (doing business as) name, is used by an entity that is conducting business under a name that is not its legal name.
However, they are required to apply for authority to do business in those states and comply with the provisions of those states’ business entity laws that apply to foreign entities. An assumed name certificate allows businesses to operate under a name that’s different from their legal name, providing more flexibility for branding and marketing. Many small businesses choose to file for an assumed name to create a recognizable identity without forming a new legal entity. Understanding what an assumed name is and how it can benefit your business can help you decide if filing for one is the right step for you. The Tarrant County Clerk’s office will acknowledge signatures with a valid photo Driver’s License, State ID, U.S. Passport or Military ID card. If more than one person is to be listed on the certificate, all parties must be present at the same time.
Here are some common reasons why small businesses would complete assumed name registration. Registering an assumed name is also a strategic tool for companies looking to branch into new markets or product lines without altering their formal business structure. This flexibility makes assumed names a popular choice among entrepreneurs looking to expand their reach and adapt to diverse business environments. It’s important to realize that doing business for purposes of an assumed name filing may be determined differently from doing business for other purposes, such as having to qualify in a different state or for tax purposes. Depending on the jurisdiction you’re doing business in, an assumed name may also be referred to as a DBA (“doing business as”), fictitious name, or trade name. Does your business use a name that doesn’t match the one you use when you file your tax returns?
The approved form that you will receive back is proof that your certificate of Assumed Name has been filed with our office. A domestic or foreign corporation may conduct or transact business under an assumed name (commonly referred to as a D/B/A) by filing a Certificate of Assumed Name pursuant to Section 130 of the General Business Law. Beyond requiring a filing, there is little uniformity among the assumed name statutes. Although most use the term “assumed name” others use “fictitious name”, “trade name”, or another term.
Failure to comply with state or local requirements can lead to loss of credibility with vendors, clients, and banks. Proper registration protects the business’s legal standing and ensures compliance, reducing the risk of litigation or operational disruptions. Not sure whether you should file for an assumed business name or register for a new, separate business entity with your state? Talk to a trustworthy business attorney for legal advice on your personal situation.
Benefits of Filing for an Assumed Name Certificate
When you use a company name that doesn’t match the legal name on your tax returns, you’re using what’s known as an assumed business name or DBA. Read on to learn more about how assumed business names work, the purposes they serve, and why you may need to give your state a heads up if you use one. As a business owner, choosing the right company name is one of the most important items on your to-do list when you launch a new business. It’s right up there with opening a business bank account, setting up a company website, and establishing business credit. Use this form to change the official email address that was provided in your filing.
