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Bookkeeping

What Is an Assumed Business Name Certificate and How Do You Get One?

By Khiet Pham 

assumed name certificate

Filing a DBA in Texas does not give your business exclusive rights to that name, and any other business (or several) can use the same DBA. You can find out if another business is using the name you want by searching state or county records. Because a DBA is not a business entity, you do not need a separate EIN for the business you do under your DBA. You can register as many DBAs as you like in Texas, but you have to file a separate certificate and pay the fee for each name. Businesses are not required to include an entity identifier such as “LLC,” “Ltd,” “Inc,” or “Corp” as part of their DBA but are prohibited from using an identifier that does not apply to their business. A DBA (“doing business as” name) is any name you choose to operate under that assumed name certificate isn’t your legal business name.

The name of the corporation or other business entity provided on this certificate must exactly match the records of the Department of State. Fees for filing an Assumed Name Certificate vary by county but generally range between $25 and $35. Businesses should also be aware of the need to periodically renew their assumed name registration, typically every five years, to maintain its validity. These certificates serve as a protective measure for consumers, allowing them to identify the true owner of a business, which is significant in transactions involving goods and services.

Filing fee:

assumed name certificate

Or we will refund 100% of our service fees within 60 days of placing your order. Such an approach ensures it will get done in a timely fashion, and with all the moving parts in your business, you might not be able to afford to wait. Luckily, Bizee can eliminate the headache of handling the paperwork yourself with our Fictitious Business Name service. A Disposition of Interest is the removal of an assumed name that has been filed with the County Clerk’s office.

assumed name certificate

Assumed Business Name Registration

The Steinbach Law Firm can prepare an Assumed Name Certificate for your business. We provide you with instructions on where and how to file the certificate. A Sole Proprietorship is a business that is owned by one person, referred to as the sole proprietor. If there are 2 or more owners, it is a General Partnership, not a Sole Proprietorship.

Many states require businesses to file an assumed name certificate to officially register this name. This process serves to inform the public about the business’s registered agent and provides a point of contact for official communications. However, filing an assumed name does not grant exclusive rights to that name or protect it from use by others.

Incorporated entities submit Form 503 to the Secretary of State by mail, fax, or through the SOSDirect online portal. If submitting by mail, a check or money order should be included, while faxed submissions require credit card information on a separate form. Online filings are paid directly through the portal, often with a small processing fee. If a business uses an assumed name without registering it or otherwise ignores the state’s statutes, it may face monetary or even criminal penalties. Also, neglecting to have certification to use a fictitious name may mean the business will be unable to enforce a contract or bring a lawsuit in the state.

  • After your Assumed Name Certificate is filed, you will receive official confirmation from the filing office, such as a file-stamped copy of your certificate.
  • Using the registered legal name of an incorporated business entity—the name listed on an LLC’s or corporation’s Certificate of Formation—is not allowed.
  • What states call the filing varies — e.g., assumed name certificate, DBA filing, fictitious name registration, trade name registration, or some version of those names.
  • Businesses should also be aware of the need to periodically renew their assumed name registration, typically every five years, to maintain its validity.
  • This certificate is crucial for compliance and transparency, allowing customers and regulators to identify the true ownership of a business operating under a different name.

A business may also market different products under unique DBAs to create the impression that each product is made by a separate business. An assumed name is issued to any business entity that uses a name other than the name(s) of the individual(s) who own or operate the business. For example, a business called “John Jones, P.C.” (i.e. owner’s full name and title) does not have to file an assumed name, but “Jones Wrecking” does. After publication, the newspaper will return an affidavit of publication which should be retained by the business. Use this form to change the official email address that was provided in your filing. This email address may be used to send annual renewal reminders and other important notices that may require action or responses.

Fees

  • For that reason, many sole proprietors register a DBA to operate under a more professional name or a name that better conveys their business purpose.
  • The application process requires submission of specific details, including the exact assumed name, the legal name of the business entity, and the address of the principal office.
  • In Indiana, obtaining an Assumed Name Certificate is essential for such businesses, as it legitimizes the use of a fictitious business name and ensures transparency.
  • Under state law, three classes of businesses are required to register assumed names with the local county clerk’s office.

We’ll make sure the process goes smoothly and that your approved certificate is uploaded to your online account as soon as your filing is accepted. In Texas, DBA registration is required, but how you register a DBA depends on the type of business you own. A consent form is required if there is a conflict between the business name you are filing and an existing business name.

County filing fees range from $15 to $25, with a small additional fee of around $0.50 for each additional owner listed on the certificate. Some counties may also allow a deputy clerk to acknowledge signatures for a nominal fee if all owners are present with valid identification. But whether you opt for a complete do-it-yourself approach or to work with a professional service provider, it is essential that you follow the rules in order to avoid unpleasant repercussions. Depending upon the state, the proper county for filing is where — your principal place of business is located your registered office is located, or your business is to be transacted.


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