Assumed Name (DBA)
Effective September 1, 2019 the County Clerk no longer accepts Assumed Name submissions for corporations, limited partnerships, Limited Liability Companies (LLC), or a foreign filing entity. During the 86th Legislative Session, House Bill 3609 was passed which requires corporations to now file with the Secretary of State (effective September 1, 2019). For addition information and frequently asked questions, visit the Texas Secretary of State website.
FOLLOW THESE STEPS TO SECURE YOUR ASSUMED NAME / DBA CERTIFICATE
Choosing a name
The County Clerk's Office will not research the availability of a business name and does not verify that a duplicate filing has occurred. It is your responsibility to check the Assumed Name Indexes, located in the County Clerk's Research Area or search online at the link provided below.
If a corporation and an unincorporated business have very similar names and there is a problem, neither automatically has the right to the name. If both parties have properly filed the Assumed Name Certificate the courts will most likely have to decide this matter. Therefore, it is important to do a search when considering a business name.
Search DBA Records by Clicking on the Kofile Icon.
Completing and Submitting the Application
· Fill out the application for an Unincorporated Business.
o The Assumed Name Certificate must be signed in front of a Notary Public. You will need to use a Notary Public of your choice. AFTER, signatures have been notarized, then your application can be processed for recording. The County Clerk's office DOES NOT Notarize documents.
· DBAs can be recorded in person at the Walker County Clerk’s Office, or by mail.
o If submitting by mail you will need to include the following:
- Include the complete, signed and notarized application.
- Payment in the form of personal/business/cashier's check or money order
CASH SENT THROUGH THE MAIL NOT WILL BE ACCEPTED
- Photo copy of a valid I.D. that corresponds to the check
- A self-address and stamped envelope
Pricing
$23 for 1 owner listed on the application
Add $0.50 for each additional owner
In order to abandon a DBA, the pricing is the same as it is to file.
$23 for 1 owner listed on the application
Add $0.50 for each additional owner
General Information & Changes
A certificate is effect for a term not to exceed 10 years from the date that it is filed. Upon the certificates stated term, it is considered void, UNLESS within six months preceding the certificate it is recorded
There is no amendment to a DBA, should something need to be changed, an abandonment and a new certificate must be filed no later than the 60th day after an event occurs.
Texas Business & Commerce Code § 71.152
Click to download the forms:
Assumed Name
Assumed Name Abandonment
Frequently Asked Questions
Why do I need to file an Assumed Name Certificate?
The Texas Business and Commerce Code require businesses to file assumed name certificate. Also, most banks will not allow a business checking account to be opened without a proper filing. It is merely a formal process that informs the public of the registered agent and where official contact with the business can be made.
I am using an assumed name, but have not made proper filings at state or county levels. Are there penalties?
Yes. The Texas Business & Commerce Code sections 71.201, 71.202 provide for civil and criminal penalties for noncompliance with the assumed name provisions of Chapter 71.
How long are assumed names good for?
Assumed names are valid for a period to not exceed 10 years.
What is the best way to make sure my application is filled out correctly?
The county clerk’s office can not give legal advice nor can they inform you on how to fill out the application. However, we will recommend you to ask your bank and/or your CPA to determine how to file your DBA.
Can you register your assumed name in multiple counties?
Yes. Normally DBAs are registered in the same county your business is located in, but you can register them in as many counties as you want.
Should an Assumed Name be rejected if there is one on file for the same or similar name?
No. Chapter 71 of the Texas Business & Commerce Code does not authorize rejection of an assumed name certificate on the basis of a name conflict. Therefore, there may be multiple assumed name certificates on file with the Secretary of State. It is up to each business to protect its name and good will.
Can I file an LLC or incorporated business?
No. Effective September 1, 2019 the County Clerk no longer accepts Assumed Name submissions for corporations, limited partnerships, Limited Liability Companies (LLC), or a foreign filing entity. During the 86th Legislative Session, House Bill 3609 was passed which requires corporations to now file with the Secretary of State (effective September 1, 2019).
How can I get a State Tax ID Number (ITIN) or Employer Identification Number (EIN)?
Visit the Texas State Comptrollers Office website or by calling 800-252-5555.
Visit the IRS website on their small business page.
Are there any additional resources that I can contact with more questions?
Yes! Give the SHSU Small Business Development Center (SBDC) a call at (936) 294-3737 or pay them a visit!
Texas Secretary of State - Filing Your Business
