Do You Need To Register Corporation With Dba In Texas
If y'all own a Texas business and would similar to employ a different proper noun than your legal business name, you will need to register a "doing business concern as" or DBA name with the land. In Texas, this is called an causeless name, and other terms for DBAs also include fictitious business organization names and trade names. These names are typically used when you lot desire to use multiple names for one business organisation, or if yous are a sole proprietor or partnership wanting to be recognized as something other than your legal proper noun.
Want to learn more? This guide will encompass the basics of what an assumed or DBA name is, the rules for choosing, registering, and maintaining ane in the Lonely Star Country, and how we tin help brand the process easier.
What is a Texas DBA proper name?
Texas businesses are usually created and operated as one of the following business organisation structures:
- Corporation
- General partnership
- Limited liability company (LLC)
- Express liability partnership (LLP)
- Limited partnership (LP)
- Sole proprietorship
If you lot desire to operate your concern under any name other than its legal proper name, you must create and file a DBA name. In Texas, a DBA proper noun is known as an "assumed name." Where you file your Causeless Name Certificate depends on the type of business you own.
For example, sole proprietorships and general partnerships file with the canton clerk where their business is located. If they don't accept a principal place of business, they must file in all counties where they conduct business under their causeless name. Corporations, LLCs, LLPs, and LPs must register their causeless names with the Texas Secretary of Country.
The advantages of using a DBA proper name also vary depending on the type of business you own. Here are some benefits that y'all may experience from using an assumed name:
- Compliance: Whatever business that operates under a proper name other than its legal name is required to annals a DBA for that name. Sole proprietors and general partnerships tin can legally only utilize the personal, legal names of the owners unless they have a DBA. Information technology'south the difference betwixt being John Smith and Smith Lawn Services.
- Expansion: If you're an LLC or corporation that's looking to expand its concern into other markets, using a DBA name is a great selection. You won't have to go through the hassle and paperwork of creating an entirely new legal business entity just to offering more than products or services under a unlike proper noun.
- Simplicity: Sole proprietors and partnerships may also have surnames that are difficult to pronounce. An LLC or corporation might desire to drop designators like "LLC" or "Corp." from their proper name. Using a DBA proper name alleviates issues like these.
Information technology's important to note that a DBA name is non a business entity type, like a corporation. It'south simply a new name that you tin do business under once it'southward registered with the Secretary of State or the proper county or counties. Therefore, it does not change annihilation about your taxes or legal status. Larn more beneath near how to obtain and maintain a DBA proper name in Texas.
How do I register a Texas DBA name?
Corporations, LLCs, LPs, and LLPs must annals a Texas DBA name with the Secretary of State. You can exercise and so electronically via the land'due south online business services portal, SOSDirect. Sign in to your business relationship to access the Assumed Name Document. Complete the form online and pay the required filing fee.
To register a Texas DBA name with the Secretary of Land on paper, follow these steps:
- Open the Causeless Name Document awarding.
- Enter the causeless name under which you program to practice business organization.
- Enter the legal name of your entity.
- Select which type of entity is filing.
- Enter the file number from the Secretary of Country if y'all have one.
- Enter the state, land, or jurisdiction where the entity was legally formed.
- Enter the entity'southward principal office address.
- Select the period of duration for the use of the assumed name, up to ten years.
- Enter the county or counties where y'all'll exercise concern nether the assumed proper noun.
- Print, sign, and date the application.
To mail the application, transport it with a check or money lodge for the required fee to:
Secretarial assistant of State
P.O. Box 13697
Austin, TX 78711-3697
To fax the application, ship information technology to (512) 463-5709. Credit carte du jour information must be included if yous're filing past fax. Fill out Class 807 to pay the filing fee, plus a 2.7% convenience fee. American Limited, Mastercard, Visa, and Discover are all accepted.
To register the application in person, deliver it to the:
James Earl Rudder Office Building
1019 Brazos St.
Austin, TX 78701
Payment can be made in person using a personal cheque, coin order, LegalEase debit menu, or credit carte.
Sole proprietorships and full general partnerships must register DBA names at the county level in Texas. Search the Secretary of Land'due south county clerks list to find more information for each county where you need to register an causeless proper name.
How practice I choose a Texas DBA name?
Choosing the best Texas DBA name for your business concern depends on several factors. Information technology'south important to come up with a name that sets you lot apart from the contest. The name should be memorable, piece of cake to marketplace, and relate to the appurtenances or services your business organisation offers. A Texas DBA name must also comply with state assumed proper name laws and naming rules. For example, the proper name:
- Can't imply regime affiliation
- Can't exist grossly offensive
- Tin't imply a business purpose it can't legally fulfill
- Must be distinguishable from other entity names on file
- Tin can include Roman or Arabic numerals
- Can include the symbols ! " $ % ' ( ) * ? # = @ [] / + & and –
The post-obit restricted words or wording are off-limits unless yous receive approval from the proper authority:
- "Olympic," "Olympiad," "Citius Altius Fortius," or any words related to the Olympics (United states Olympic Commission)
- "Bank," "Banking concern and Trust," "Trust," "Trust Visitor" (Banking Commissioner)
- "College," "University," "School of Medicine," "Medical School," "Health Scientific discipline Center," "School of Police," "Law Heart," "Police School," (Texas Higher Didactics Analogous Board)
- "Veteran," "Legion," "Foreign," "Spanish," "Disabled," "War," "World War" (applicative veterans associations)
An entity is immune to annals more than one assumed name, which y'all may want to do as your business grows. In addition, a Texas DBA name doesn't have to be unique from whatever other DBA name registered at the county or land level. You may want to exercise a Texas business search to see what's already in utilize because you lot don't want to be confused with another similarly named business.
You also demand to consider how your DBA name will work as a domain proper noun for your company's website. A quick domain name search allows y'all to see what'southward available. When you're gear up, ZenBusiness tin help you annals a domain name.
How do I manage ongoing DBA name compliance in Texas?
In Texas, you make up one's mind the term of use for your DBA name when you annals it with the Secretarial assistant of State. Yous tin can detail specific dates on your causeless name certificate application or accept the standard x-year term. If you want to continue to utilize your DBA name, yous must annals it again by filling out a new Assumed Name Certificate and paying the required fee before the previous term expires.
The Secretary of Country's office doesn't permit yous to brand any changes to your assumed name document after it has been filed, even if it's to right a mistake or change an address. If you need to alter or cancel your DBA name application, you must complete an Abandonment of Assumed Proper noun Certificate and file it for a small fee. Then, you demand to submit a new Assumed Name Certificate with the normal required fee.
If you're ready to form a Texas LLC or corporation, we can brand getting a DBA name elementary.
Disclaimer: The content on this folio is for advisory purposes just, and does non plant legal, tax, or accounting advice. If you have specific questions about whatsoever of these topics, seek the counsel of a licensed professional.
More than Texas DBA FAQs
- How much does it toll to register a Texas DBA proper noun?
The toll to register a DBA name may change, and then cheque with the Texas Secretary of State for the latest fee schedule. Sole proprietorships and general partnerships must annals DBA names at the county level, and then check with your county clerk for the fee amount.
- What is the processing time to annals a Texas DBA?
The regular processing fourth dimension to register a DBA proper noun in Texas is five to seven business concern days. Expedited services are available for an boosted fee per document. All the same, online filings are typically processed faster than mailed filings.
- Practice I need a DBA proper noun for my Texas business?
You just need a DBA name for your Texas concern if you program to operate under a proper noun that is different from your business's legal proper name.
- If I register a DBA name in Texas, can another business use the same proper noun?
Yes, another business organization can use the same DBA name unless you further protect information technology with a trademark. You can apply for a Texas state trademark through the Secretary of State'southward office and/or register a federal trademark with the United States Patent and Trademark Role (USPTO).
- Can a business in Texas have multiple DBA names?
Yes, your Texas business organization tin have more than one DBA name. Businesses usually take on more than ane assumed name when they want to differentiate their appurtenances and services from each other. For instance, the owners of a java shop may want to expand into other drinkable opportunities. The business uses a DBA proper noun for their java shop and files for another DBA name to operate a smoothie shop with a dissimilar name.
- Is a DBA name the same matter as a fictitious business name in Texas?
In Texas, the phrases "DBA name," "fictitious name," and "causeless name" are all interchangeable. Information technology'southward important to note that this isn't true for every state, though.
- Do I demand a DBA name in Texas if I use my own name for a sole proprietorship?
No, if you use your own name for a sole proprietorship, you lot don't need a DBA proper noun in Texas. However, if you plan to operate under a name that's anything different from your legal name, you will demand to apply to use a DBA name.
- Will using a DBA name affect how my concern is taxed in Texas?
Since filing a DBA name doesn't establish a new business entity, information technology doesn't affect how your business is taxed in Texas. No matter how many DBA names your company holds, how your business is taxed depends on your business organization structure.
Most Popular States to Become a DBA Name
When it comes to compliance, costs, and other factors, these are popular states for filing a DBA.
Do You Need To Register Corporation With Dba In Texas,
Source: https://www.zenbusiness.com/texas-dba/
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