In Texas, DBA registration is required, but how you register a DBA depends on the type of business you own. Incorporated business entities like LLCs and corporations can get a DBA by filing a Texas Assumed Name Certificate with the Secretary of State and paying the $25 filing fee. Unincorporated businesses like sole proprietorships and general partnerships must file with the county clerk in the county where their principal office is located (forms and fees vary).
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What’s a DBA or, as they’re called in Texas, an assumed name? It’s simple. A DBA (“doing business as” name) is any name you choose to operate under that isn’t your legal business name. In short, a DBA is a pseudonym or nickname for your business. A DBA can be an incredibly useful marketing tool for rebranding, expanding, and increasing your business’s credibility.
No. A popular misconception about DBAs is that a DBA is a type business, but it’s not. A DBA is just a name. In contrast to business entities like LLCs and corporations, DBAs don’t offer business owners liability protection. This is a crucial distinction because some sole proprietors and general partnerships get DBAs thinking that a DBA creates a legal separation between themselves and their business. Unfortunately, this just isn’t the case. To get liability protection and keep your personal assets safe, you need to form a legal business entity like an LLC or corporation.
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Business Address • Mail Scanning • Business Phone
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A lot of businesses start using a DBA because they begin offering different products or services, or because their mission has changed. For example, if you started off as a computer repair company, but now you do exclusively software coding, you might go by the DBA “Longhorn Software Services” instead of your registered business name, “Longhorn Computer Repair, LLC.”
Some businesses use a DBA to open up a new location or start a new business line without having to form an additional business entity. For instance, brick-and-mortar restaurant might get a DBA to operate a food truck 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.
If you’re a sole proprietor, the legal name of your business is simply your own legal name. 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. As an example, you might use the DBA “Longhorn Software Services” instead of doing business as Mary Lopez.
We’re always transparent about our prices:
| Service | Fee |
|---|---|
| Texas State Filing Fee | $25 |
| Our Service Fee | $125 |
| TOTAL | $150 |
According to Chapter 71 of the Texas Business and Commerce Code, any business that operates under a DBA in Texas must register that name. In fact, intentionally using a DBA without filing is classified as a Class A misdemeanor (Tex. Bus. & Com. Code § 71.202) and is punishable by a fine of up to $4,000, up to one year of jail time, or both.
An incorporated business (corporations, LLCs, LLPs, registered series, registered foreign entities) registers by filing an Assumed Name Certificate with the Secretary of State.
An unincorporated business (sole proprietors, general partnerships) registers by filing a certificate with the county clerk in the country where the business either (a) maintains its principal office or (b) conducts business if the business does not have an office in any county.
There are two basic naming rules for DBAs in Texas:
1. 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.
2. 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. For example, an LLC cannot use “Inc” as part of its assumed name.
You can check name availability using the Taxable Entity Search.
Once you’ve got your DBA name, you’ll need to file your Assumed Name Certificate. Here’s information for state- and county-level filers:
» Required information:
To file as an incorporated business, you’ll need to include the following information on your filing:
» Filing fee:
The cost to file is $25. If you pay a credit card, you’ll also be charged a small convenience fee.
» Where to file:
Currently, the Secretary of State doesn’t offer online filing for assumed names. You can download an Assumed Name Certificate and then file by mail or in person.
Mail:
Secretary of State
PO Box 13697
Austin, Texas 78711-3697
In-person:
James Earl Rudder Office Building
1019 Brazos
Austin, Texas 78701
Most counties will have an assumed name certificate that you can fill out and submit to the county clerk’s office. Certificates can vary slightly from county to county, but the required information remains the same (Tex. Bus. & Com. Code § 71.052).
» Required information:
As an unincorporated business, you’ll need to provide the following information:
The certificate must be notarized.
» Filing fee:
Filing costs vary depending on the number of business owners. The base fee is $24. You must pay 50 cents per additional owner (military veterans are exempt from this charge). You may also need to pay extra to have your form notarized.
» Where to file:
You’ll need to file with the county clerk’s office in the county where your principal office is located or where you conduct business (if you don’t have an office).
Find your county clerk’s office using the Secretary of State’s List of County Clerks.
In Texas, you must renew your assumed name every 10 years. If you want to continue using the same DBA, just file a new Assumed Name Certificate before your previous filing expires. Whether you file at the state or county level, the fee to renew is the same as the fee to register.
One important aspect of operating under a DBA is making sure that your money stays organized. One way to keep your finances in order is to open a separate business bank account for your DBA. This way, you can separate income made under your legal business name from income made under your DBA, income made under different DBAs, and/or personal and business income if you’re a sole proprietor.
Look for a bank that offers low fees on checking accounts and low-interest rates on borrowing but high-interest rates on savings accounts.
Once you start doing business under your assumed name, you’ll need to start marketing under that name and establishing your business online so that customers can find you and your services. That means launching a website for your DBA and creating new social media accounts.
Strengthen your branding with a website, domain (also known as a web address), and email address that match your DBA, and a separate phone line with a custom voicemail message and outgoing caller ID, too. If you’re sharing contact information with another business name or using your personal contact information, you’ll end up confusing customers and you may not appear very professional.