If any of the information on the most recently filed Certificate of Assumed Name has changed or is incorrect, use the following form to change the filing. For instructions and fees regarding filing a Disposition of Interest form, please see the link below. Business owners are required to establish an account with Tarrant Appraisal District (TAD). There are deadlines involved that can result in penalties so timely submission is suggested. An assumed business name, also called a DBA (doing business as) name, is used by an entity that is conducting business under a name that is not its legal name.

• If a business decides to stop using one or more of its assumed names, it can generally make a filing to cancel its assumed name registration.
• The steps to secure this certificate involve interacting with local government offices, preparing for some expenses, and timing your application correctly to align with your business plans.
• But whether you opt for a complete do-it-yourself approach or to work with a professional service provider, it is essential that you follow the rules in order to avoid unpleasant repercussions.

An assumed name statute’s main function is to protect members of the public who deal with businesses that use names other than their true names. The public needs access to the true names of businesses for various purposes including checking credit ratings, searching for legal judgments, searching for security interests, bringing suit, and serving process. At one time it was not clear whether a business could operate under a name other than the name on its formation document or the name of its sole proprietor or partners (e.g., its true name). However, it is now well established that businesses may enter into contracts and otherwise transact business under an assumed name and have those contracts and actions be considered valid. Filing for an assumed name allows you to conduct business under a different name without having to refile your formation paperwork which can save you time and headaches.

An Assumed Name Certificate formalizes the registration of a business’s DBA (Doing Business As) name. It’s a legal document that declares the public use of a name other than the business’s legally registered name. This certificate is crucial for compliance and transparency, allowing customers and regulators to identify the true ownership of a business operating under a different name.

Some things to keep in mind as you choose your business name:

After publication, the newspaper will return an affidavit of publication which should be retained by the business. If a business decides to stop using one or more of its assumed names, it can generally make a filing to cancel its assumed name registration. Some assumed name provisions are found in the state’s business entity statutes. Others are found in the state’s laws dealing with consumer protection or unfair trade practices. When planning to use an assumed business name, it’s advisable to start the registration process as early as possible.

What Else Should I Know About Assumed Names?

Learn its role in business identity and how to navigate its requirements. A consent form is required if there is a conflict between the business name you are filing and an existing business name. A consent form needs to be submitted along with the original filing or amendment you wish to record.

While a legal name might be an individual’s full name or a corporation’s registered name, an assumed name provides a more marketable identity. An assumed name does not create a separate legal entity; it merely declares who is operating under that specific business name. Another problem to be aware of is that the individual negotiating and entering into contracts for a corporation or LLC can end up being personally liable.

• If there are changes to the business name, owner information, or address, an amendment may be necessary.
• An assumed name and a DBA (Doing Business As) are often used interchangeably, but there’s a slight difference between the two.
• Filing for an assumed name may seem straightforward, but errors can lead to delays or compliance issues.
• However, it’s important to check with your state department to figure out what that process would look like for you and your business.

An assumed name certificate serves as a public record identifying who is operating a business under a name different from their legal name. This document is frequently referred to as a “Doing Business As” (DBA) or “fictitious name” certificate. Its primary function is to provide transparency, allowing consumers and other businesses to identify the true owner behind a particular trade name. Another difference is whether the state will protect an assumed name from being used by any other business. A corporation, LLC, partnership, or sole proprietorship that does business under an assumed name (also known as DBA) may be required to comply with state assumed-name statutes.

Understanding Fictitious and Assumed Name Certificates for Your Business

When you use a company name that doesn’t match the legal name on your tax returns, you’re using what’s known as an assumed business name or DBA. Read on to learn more about how assumed business names work, the purposes they serve, and why you may need to give your state a heads up if you use one. As a business owner, choosing the right company name is one of the most important items on your to-do list when you launch a new business. It’s right up there with opening a business bank account, setting up a company website, and establishing business credit. Use this form to change the official email address that was provided in your filing.

Assumed names are often not exclusive

There are also some states where sole proprietorships and partnerships file on the county level and corporations and LLCs on the state level. An assumed name certificate application typically requires the full assumed business name, the legal name of assumed name certificate the owner(s) or legal entity, and the primary business address. Official application forms are available from the relevant filing authority, such as a county clerk’s office or the state’s Secretary of State website.

An assumed name allows a business to operate under a name different from its legally registered name. This is especially useful for sole proprietors and partnerships that want to do business under a more marketable name without forming a separate corporation or LLC. Tarrant County provides the information contained in this website as a public service. However, in any case where legal reliance on information contained in these pages is required, the official records of Tarrant County should be consulted.

It’s commonly used by sole proprietors, partnerships, and corporations looking to rebrand or expand. Both terms serve the same purpose legally, but the terminology may vary depending on the state or local requirements. If your business operates as a corporation, limited liability company (LLC), or limited partnership (LP), your business’s legal name is the one used on the formation document. The business entity laws generally require the foreign entity’s name to be distinguishable upon the records of the Secretary of State from the names of other domestic or foreign business entities.

This email address may be used to send annual renewal reminders and other important notices that may require action or responses. Any Assumed Name certificate that expires as a result of failing to file the annual renewal, may be reinstated by filing the annual renewal and paying the applicable fee. Sole proprietors and partnerships may also want to do business under an assumed name for privacy reasons or to have the business name better reflect their products or services.

It is the responsibility of the applicant to search the assumed name records in the county in which business is to be conducted to ensure no other business has the same name. It is important to note that state statutes regulate the use of assumed names, and failure to register may lead to unwanted consequences. Jurisdictions may refer to it as an “assumed name certificate”, “DBA filing”, “trade name registration”, “fictitious name registration”, or some variation of the preceding names. If you are operating your business — selling products or services, hiring employees — you will most likely be considered to be doing business. In other cases, an examination of all the facts and circumstances may be necessary to make the determination. Upon the filing of a “Certificate of Assumed Name”, there is no certificate issued.

Benefits of Filing for an Assumed Name Certificate

Sales taxes (if your business is required to collect sales tax) are filed separately from income taxes and are paid to the state and or local taxing authorities. Consult your state comptrollers office or state tax office for your states rules. Unincorporated assumed name applications may be partially completed and saved online, but applicants must appear in person to sign the application and pay the required fee. The process can be completed at the downtown location or at a Tarrant County subcourthouse location. Any business that uses an assumed name should take steps to comply with the assumed name statutes in the state(s) in which it does business.

An assumed name and a DBA (Doing Business As) are often used interchangeably, but there’s a slight difference between the two. An assumed name refers to any name a business operates under that is different from its legal name, while a DBA is the formal registration of that name. Registering a DBA allows businesses to operate under a different name without forming a separate legal entity.