Assumed Name Certificate Texas: Fill & Download for Free

If it is not a corporation or a legal partnership you can fill out and file an assumed name certificate (DBA). No lawyer is needed for that.“ John Smith dba “XYZ Company”, etc.

If you have registered for an FEIN (Federal Employer ID Number) — which, if you look on the IRS website, you may see just as EIN (same thing) — then it’s certainly not bad to have an assumed name certificate.Sole proprietorships usually file assumed names with their local county clerk. If you have your main office and center of operations in that county, and that county alone, then you probably just need one assumed name filing. — However, if you have an office in another county, or a warehouse in another county, or a storefront in another county, then you should file an assumed name certificate in each of those counties.Because you will be forced to use your (personal) social security number, or your FEIN, on these documents, and these documents are public records, well — that’s a main reason people choose to get FEINs.When you file with the state workforce commission (or whatever agency collects state unemployment taxes), you’ll use the same number, and you’ll probably have to display that permit in a conspicuous place in your office.This is definitely true if you get a state Sales and Use Tax Permit; this is what allows you to sell products on which you must charge sales tax; and, then, to collect and remit those collected taxes periodically to the state for which you collected them. — That permit must be displayed in a conspicuous area, and your permit number is probably just your EIN (social security number or FEIN) with an extra number in the front and back of it.So, if you don’t have an FEIN, you will have your social security number, literally, tacked up on the wall for anyone and everyone to see.If you contract work out, then you will have to provide Form W-9s to people and corporations, from time to time, and — of course — the most important thing on that document — it’s function — is to provide your name, address, and EIN; which, if you don’t have an EIN, will be your social security number. — This form is what enables people and businesses to issue you 1099-MISCs.Unless you’re fine with your social security number being sent all over the place and displayed to the public, get an FEIN. — It takes about three minutes, and you can get it online.Now, there is a banking reason why you may want to file an assumed name. Namely, proof of filing an assumed name certificate may be necessary in order to open a business checking account; and, of course, to obtain other bank products, like loans.Other than that, the general rule is that, if your name is in the business name, filing the assumed name certificate is optional.We will assume your name is John Doe.—Doe’s Computers is a good example.John’s Computers is not as solid of a case for this exception.John Doe’s Computers of XYZ County is a great example.However, if you want to operate as Apple Computers, you must file an assumed name certificate to operate.At the county level, it might not be noticed that you have a name problem. Kind of like if you decided to operate as Amazon.com.It might be noticed, though, if Apple or Amazon have a store, warehouse, or office in your county. If that happened, you’d have to choose a different name.That’s true even though the actual business name of your business would be John Doe doing business as Apple Computers [→ John Doe D/B/A Apple Computers → John Doe DBA Apple Computers].As a sole proprietor, your name will still be part of the legal business name, but you don’t have to put your name on the signage if you file a for an assumed name.For instance, “Jane Doe DBA Smiley Burgers” doesn’t have to be on signage, even though that is the name of this sole proprietorship burger joint.However, if Jane hasn’t filed for an assumed name in that county, then her business name better be Jane Doe’s Smiley Burgers, and that would be on her signage.One last thing. →Let’s take an example.John Doe has been operating Orange Computers in Texas for two decades. He’s branched out to have offices in multiple counties, and he also has several related businesses (i.e., subsidiaries) he’d like to have slightly different names.He’s tired of filing assumed name certificates, which have expiration dates. Perhaps, also, he’s tired of not having limited liability.He decides to incorporate the business with the Secretary of State of the state of Texas. — He searches, and “Orange Computers, Inc.” is available, so he grabs it.Now, so long as he keeps his franchise tax filings up to snuff, he can operate in any county in Texas as Orange Computers, Inc.—John has decided that his computer sales business, his computer repair business, and his wholesale computer parts business should be separated for easier bookkeeping and to make it easier for his customers to know which phone number to call and to which store to go.He thus wants to operate subsidiaries called Orange Computer Sales, Orange Computer Repairs, and Orange Computer Wholesale Operations.These subsidiary companies will branch off from the mother corporation and operate with the following legal names:Orange Computers, Inc. DBA Orange Computer SalesOrange Computers, Inc. DBA Orange Computer RepairsOrange Computers, Inc. DBA Orange Computer Wholesale Operations.Does he need assumed name certificates (DBAs); and, if so, where does he file them?Yes, he must register his new corporate assumed names.He does this with the SOS, not the local county clerk.—Can he use the same FEIN for each company?YES! — Whether you do that is your choice, and you should consult your CPA and insurance company before you make that decision.Different FEINs usually require different commercial insurance policies, which can be prohibitively expensive.I’ve been in a situation where getting a different FEIN for one subsidiary would allow me to get cheaper insurance for that division of the company. However, it caused tax problems.—This is a great example of why some people choose to remain sole proprietors and not incorporate. → As soon as you incorporate, suddenly, all your back-office business issues become more difficult; and, with difficulty, comes increased costliness.However, running a business outside of a limited liability umbrella, even with industry-standard (e.g., 1MM/2MM Agg) commercial general liability, property, and auto coverage, is very risky and usually above the proper risk profile for business owners.Even if you have a good reputation, usually, the last thing you want everyone knowing is that you own a certain business, unless you like your cell phone sounding like a military switchboard.If you have a bad reputation, you might not want your name on the signage; thus, you get an assumed name.Nonetheless, right off the top of my head, I can think of a mid-sized business that is styled using the last name of the owner, even though it is incorporated and he’s properly called a shareholder, not the owner.

There is no one repository of DBA information that I am aware of and you would not even be able to get that information at a state level, because some states issue DBA's by county. Texas is a prime example of that, in that Certificates of Assumed Names (DBA's) are issued by individual county clerks and there are 254 counties in Texas.