How to Register a Company Name in Texas

Registering a company name in Texas is moderately easy.

Texas is a big state with thousands of companies that do business in the state and throughout the country. Creating a unique and memorable company name makes registering that company name a moderately easy process in Texas. If certain steps are followed correctly, the name can be registered in a relatively short period of time, and the company can begin conducting business in Texas, be competitive in the marketplace and be recognizable to customers through company marketing.

Things You'll Need

• Filing fee

Instructions

1. 

   Knowing the company's legal structure is important.

   Determine the legal business structure of the company. That will determine whether the company name should be registered with the county clerk or secretary of state. The basic legal business structures in Texas are sole proprietorship, general partnership, limited partnership, registered limited liability partnership, limited liability company, corporation, nonprofit corporation and professional association.

2. Register the company name with the county clerk if the company is a sole proprietorship or general partnership using a name other than an owner's surname. This must be done in the county where the company maintains a premise. To begin, obtain an Assumed Name Certificate form from the county clerk, and fill it out completely and accurately. Perform a company name search using the county clerk's assumed name books or computer, researching 10 years prior to the date of filing the desired assumed name. If the company name is available, give the completed form and filing fee to the county clerk.

   A company does not have to file an Assumed Name Certificate with the county clerk if it registers the company name with the secretary of state and does not use a company name that differs from the one used when it registered.

3. 

   Certain legal business structures must register with the Texas secretary of state.

   Register the company name with the secretary of state if the company is a limited partnership, registered limited liability partnership, limited liability company, corporation, nonprofit corporation or professional association. Conduct a name search to ensure that the desired company name is available. To do this, call the Texas secretary of state's office at 512-475-2755, or search its website using the link provided in the Resources section. The telephone search is free. When searching online, a log-in ID and password are required, and a fee of $1 (in 2010) is charged for each name search.

4. Complete a Certificate of Formation if the desired company name is available. The form can be completed and filed online, and the filing fee can be paid on the secretary of state's website. A log-in ID and password are required. The certificate also can be printed for completion then mailed with the filing fee to Corporations Section, Secretary of State, P.O. Box 13697, Austin, Texas 78711.

Tips & Warnings

• Ensure that you cross every "T" and dot every "i" and that the company name is spelled correctly. The name will be filed exactly as it appears on the filing form.

• Calling the Texas secretary of state to inquire about the availability of a company name does not guarantee that the name will be available when a Certificate of Formation is filed.

References

• Texas Online: Texas Wide Open for Business
• Office of the Governor: Small Business Assistance
• Texas Secretary of State: About the Corporations Section

Resources

• Texas Secretary of State: SOS Direct