Yes. If each or a series of the LLC does business under a name other than the name of the LLC, the LLC must file an accepted name certificate for the name of the series in accordance with Chapter 71 of the Texas Business & Commerce Code. [See HB 1624 (PDF), valid from 01.09.13]. See Form 503 (Word, PDF). The Tarrant County Clerk`s Office confirms signatures with a valid photo driver`s license, state ID, U.S. passport, or military ID. If more than one person must appear on the certificate, all parties must be present at the same time. Otherwise, all signatures must be notarized. Applicants may do business under several accepted names, but each name must be filed separately. A bidding company will change its legal name by following the applicable provisions in its applicable documents and the Texas Trade Organization Code with respect to the procedure and approval required to amend the company`s incorporation document. After complying with the provisions necessary to amend the incorporation document, the corporation must submit a certificate of change to the Secretary of State.
See Form 424 (Word, PDF). Alternatively, if a company wishes to keep its legal name but does business under a different name, it can do so by submitting an accepted name certificate. See Form 503 (Word, PDF). (D) in the case of a limited partnership, if the partnership intends to carry on business under a name other than that indicated in its instrument of incorporation; Registered partnerships and sole proprietors are required to file their Texas DBA with the county clerk of the county where their business is located. Estates and real estate investment companies must also be submitted to the county. Securities companies are also sensitive to CDI issues. Expect that if an LLC (whether traditional or serial) has not filed a required accepted name certificate, it will be asked to do so before completing the purchase or sale of real estate. In practice, neither banks nor securities companies seem to care whether the accepted name certificate is issued by the secretary of state or the local district official, provided that there is a certificate submitted. Even if you get a DBA in the local county, there are other counties in Texas (not to mention the Secretary of State`s office) where someone else can legally file to use the same or similar assumed name. If you have submitted a certificate of the adopted name to the Secretary of State or a district official and you are no longer doing business under that adopted name, you may submit a statement of submission. Submitting an accepted name certificate does not guarantee the exclusive use of a DBA and is not synonymous with obtaining a trademark or copyright: if you submit to the Secretary of State, you do not have to submit an accepted name certificate with an original signature.
Fax copies and photocopies of signed certificates may be submitted. Accepted certificates of name submitted to the Secretary of State do not need to be notarized. Form 503 (Word, PDF) can be used to be submitted to the Secretary of State. Change your DBATo If you make changes to your accepted name certificate, you must complete the full registration process again. (H) for a limited liability company, where the company intends to operate under a name other than the name indicated in its instrument of incorporation or a similar document, including the name of a number of limited liability companies formed by its statutes. So, what should a serial DBA look like? New section 71.102 of the Business and Commerce Code states that an accepted name certificate must indicate the name of the series as specified in the company agreement (and, if applicable, the certificate of the registered series), as well as the name of the LLC as specified in the certificate of incorporation of the company. So the correct wording would be (for example) “ABC LLC – Series A, a series of ABC LLC, a Texas limited liability company.” The above statement is actually false. To be clear, the new law didn`t say that county officials couldn`t accept accepted name filings for registered businesses like LLCs — only that county-level filing is no longer required, which is not the same thing. Some counties still accept such deposits and are likely to continue to do so as they generate revenue. Therefore, in a particular case, it may be strategically advantageous to consider filing a DTA at the county level, especially since there is no national database for these county acceptance name applications. Sole proprietors and partnerships must apply in each district where your business does business or operates.
First, visit the Texas Comptroller of Public Accounts website and search for your new database administrator name to make sure it`s not already in use. An interest order must be filed if the corporation is no longer operational or if the owners of the corporation do not wish to be associated with the registered corporate name. In addition, an order of interest should be filed when amendments are required to an adopted name that has already been registered. If a provision of interest is complete because the information on an accepted name needs to be changed, a new form for the accepted name must be completed and submitted with the amended or correct information. Any type of entity structure can file an adopted name, whether you are acting as a sole proprietor, partnership, corporation or LLC. In fact, banks often require proof of your certificate for the name adopted before they can open your business bank account for a sole proprietorship or partnership. Interestingly, the legislation does not mention trusts, which are a common asset protection tool.