Can you file a DBA in Texas? As a new entrepreneur in the Lone Star State, Doing Business As (DBA) allows your business to operate under a name different from its legal entity description, offering marketability and flexibility.
Ensuring compliance with local and state regulations while enabling your business to flourish with a unique identity are steps and considerations for filing a DBA.
Are you a new entrepreneur seeking ways to get a DBA in Texas? This article details why you need “Doing Business As” and how to fill out and submit the form to the appropriate authorities for approval. Let’s get started.
What Is a DBA, and Why Do You Need It?
Doing business As (DBA) is a legal term entrepreneurs use when referring to a company that operates under a name different from its legal description in the United States. It’s also known as an assumed, trade, or fictitious name.
If you’re wondering how to get a DBA in Texas, here’s what you might need:
Operate Under a Different Name
Registering a DBA becomes necessary to perform business operations using a name different from the company’s legal description. It’s common among partnerships and sole proprietors seeking to work with a word combination that doesn’t belong to them.
Remember that a DBA name differs from a business entity type, like a corporation. After registering with the Secretary of State, you can operate with a new identity. Therefore, it doesn’t change anything about your legal and tax status.
Compliance with State and Local Laws
Texas law requires entrepreneurs to file a name different from their legal representation before registering a business. It ensures legal compliance and transparency.
Branding and Marketing
A “Doing Business As” allows you to develop and market a unique brand identity. It’s crucial when creating a marketable name that resonates with the target audience.
Multiple Business Ventures
Entrepreneurs with company divisions or who own multiple businesses operating under a unique name must register separate DBAs in Texas. It allows you to market and manage them individually.
Registering a DBA in Texas offers your business limited legal protection, preventing others from using a similar name.
Banking and Financial Transactions
Many financial institutions require a DBA from companies to open a business bank account. It ensures that your business and personal finances are separate.
Contracts and Agreements
When engaging in business transactions, signing leases, or entering into contracts, having a DBA allows you to use an identity different from your personal name. It protects your assets from debts and legal disputes.
Public Record and Trustworthiness
A registered DBA is a public record that builds trust with suppliers, partners, and customers since potential stakeholders can verify your business’s ownership and legitimacy.
DBA in Texas: How to Get Started
Your first steps are choosing a name, determining the business structure, and completing the application. Publishing a notice and receiving a certificate is also crucial. Let’s dig into the details:
1. Choose a Name
For a Texas DBA name search, your first task is selecting a fictitious or trade name for your business. Furthermore, entrepreneurs must choose a unique identity not used by another entity in the same jurisdiction or county.
2. Determine Your Business Structure
After selecting a name for your entity, decide whether the business is a corporation, partnership, sole proprietorship, or limited liability company (LLC). The requirements vary based on your structure in Texas but often include the following:
- The proposed DBA you want to register
- The entity’s legal name
- The organization’s jurisdiction
- The entity’s address
- The duration of using the term (maximum of 10 years)
- A statement defining the entity
- Whether the company has an office in the state
- Counties where the organization conducts business
3. Check Name Availability
Now, you’re not a novice to the question, “What is a DBA in Texas?” but can you check for name availability?
Search the online database of the Texas Secretary of State or contact the county clerk’s office in the county where your business operates to ensure the availability of your entity’s word combination.
4. Fill Out the Application
Your next step is obtaining the appropriate DBA application form from the Texas Secretary of State or county clerk’s office. You can also download the document from their website.
5. Complete the Application
Fill out the “Doing Business As” application form with the requested information, including the owner’s data, business name, and structure, to register a DBA in Texas.
6. Notarize the Application
After filling out the application, you may have to notarize the DBA application. Check with the Secretary of State or county clerk’s office to confirm its necessity.
7. File the Application
Do I need a DBA for my LLC in Texas? Yes, submit the completed “Doing Business As” application form with the required filing fees to the Texas Secretary of State or county clerk’s office. Any associated amount should vary by county.
8. Receive the DBA Certificate
The county clerk will issue a certificate once the government approves your DBA application. It proves you are legally authorized to operate and conduct operations with your chosen fictitious or trade name.
Consult valuable guidance with a legal professional when filing a Texas DBA for an LLC. Contact BusinessAnywhere Company Formation Service today for a free consultation and we’ll help you navigate the limited liability paperwork and documentation complexities.
DBA in Texas: Wrapping Up
After learning how to file a DBA in Texas, consider working with excellent attorneys and professionals to succeed. You can develop and promote a unique business identity by following local regulations and the steps outlined in the state.
While Texas generally doesn’t require newspaper publication for DBA registration, it’s essential to research and adhere to specific requirements. Staying informed about the latest regulations and consulting with the Secretary of State and county clerks is necessary.
Furthermore, completing the necessary paperwork is vital for a successful DBA filing in Texas.