How to Register a Name Change of a Company Qualified to Do Business in Texas

Using a trade name is one way to change your name in Texas.

In Texas, there are two methods for changing your company name. If you are a corporation or a limited liability company you can file an amended articles of incorporation or organization with the Secretary of State which includes your new name. Alternatively, any business type may register a trade or fictitious name in the county in which the business is located.

Instructions

Change by Amendment

1. Choose a name and check its availability with the Secretary of State Direct website. Texas law requires that company names are original and accurate. If your proposed name is already in use, you will have to choose another.

2. Draft a certificate of amendment. Blank forms are available from the Secretary of State for download. You will be asked to provide information about your business structure, your old name and your proposed new name. Depending on your company's bylaws, this may require a majority vote of the company shareholders, board or directors or partners. If your by-laws allow, you may simple need the authorization of the director, manager or a partner. All all cases,Texas law, however, requires that a manager, officer or partner sign the amendment.

3. File the certificate along with the $150 filing fee with the Secretary of State. Filing can be made by fax, mail or in person. Presently, there is no ability to file online. Once the certificate has been reviewed you will be notified by the state. The name change will be permanent unless you decide to change or abandon the name.

   Texas Secretary of State

   PO Box 13697

   Austin, TX 78711-3697

   512-463-5555 (phone)

   512-463-5709 (fax)

Change by Trade Name

1. Choose a trade name and check on its availability via the Secretary of State Direct website or, if available, a name search of the county records where the business is located . If the name is already in use, you will not be able to use that name.

2. Contact the clerk of the county where the business is located. Obtain a "trade name" or "doing business as" name form from the clerk. In some counties, the clerk will have these forms available online for download. In other counties you may have to personally obtain the forms from the clerk's office.

3. Fill in the forms as instructed. Generally, you will be asked to provide the trade name, the name, address and signature of the trade name owners and a description the business that the trade name will used for. Under Texas law, the form needs to be notarized before it will be acceptable.

4. File the form and the applicable filing fee with the clerk of the court. After the application has been reviewed you will receive notification from the county clerk of the name's registration. Registration lasts for 10 years but you will need to renewed it for the life of your business unless you decide to abandon the name. If you cease doing business or abandon the name prior to expiration, you will need to notify the county clerk of the change.

Tips & Warnings

• All corporation and LLCs that decide to use a trade name must not only file a trade name registration with the county but must also register their trade name with the Secretary of State.

References

• Texas Secretary of State: Certificate of Amendment Form
• Secretary of State Direct: Searches
• Texas Department of Commerce: How to Register your Business Name in Texas