DBA stands for Doing Business As.It's called an "Assumed Name" in Texas.A DBA is a legal declaration that you are doing business under a different name.If your business is not named after you, you must submit a DBA with the county clerk.
Step 1: Understand what an assumed name is.
An assumed name is a business name that is not the legal name of the business.It's also known as a "trade name" or "fictitious business name."The assumed name does not create a legal entity.It is assumed by a legal entity.If your business uses a registered assumed name, it must use its legal name for all legal transactions, including signing contracts.
Step 2: Should you apply for a name registration?
Businesses in Texas have to register their legal name with the Secretary of State.There are no businesses in Texas that have the same name.If you file for a name registration, you will prevent other businesses from filing under your name, and your business cannot file under a registered name.
Step 3: If you already have a registered name, file for an assumed name.
Before doing this, you should register your legal name with the Secretary of State.You can use an assumed name to present your business to the public.It is possible for more than one business to have the same assumed name.Even though you have an assumed name certificate, you can't prevent another company from using it.
Step 4: Know the reasons for requesting an assumed name.
Businesses often file for assumed names when they can't register the legal name they want.This is usually a result of another business doing it.You can still present the name you want to the public with an assumed name.Franchising is a common reason for getting an assumed name.The legal name for a branch in Texas would be simply "Lexus." However, the particular franchisee may want to use the assumed name "Lexis of Houston" in the community.
Step 5: Make sure you get your desired name.
Before you fill out any paperwork, do this.Multiple businesses can use the same assumed name, but you want an original name that no one else is using.If the one you want is already in use, choose a different name.To make sure the name isn't trademarked, run a trademark search.This is where you can check the federal database.If you register the DBA name, you won't be able to use it if you violate someone's legal rights to the name.The state of Texas has a direct website where you can request an account.You will pay $1 for each search.You can go to your county clerk's office and ask an employee to check the availability of your name.They might charge a small fee.
Step 6: You can get an Assumed Name certificate.
In Texas, this is called "Form 503: Assumed Name Certificate."You can get this document by visiting your county clerk or the Secretary of State website.The form can be downloaded in a PDF file.It is possible to download software that will allow you to open it on your computer.You can open and read the document with Adobe Acrobat Reader.Print the application so that you can fill it out.
Step 7: How will your business be structured?
The declaration of your business's structure is the most difficult part of the DBA application.This will have a lasting effect on how much power, responsibility, and obligation you have, as you should think long and hard about how you want to structure your business.A corporate attorney can help you decide which entity is best for your situation.Sole proprietorship is the most common option.You and the business are the same.It's a very simple model, but it also means that you have all the responsibility, including any debt the business might take on.You are the sole proprietor of the business, but you might hire support staff.The duties of management are shared by two or more co-owners.A limited partnership has more than one co-owner.They do not share investment or responsibility equally.One owner may be an investor who holds 25% of the business, while the other owner runs it and owns 75% of it.
Step 8: The items should be filled out on the application.
You or your legal representative need to fill out the form correctly and honestly once you have it.The assumed name you want to use is required.Information about your business.This is the address where your business receives mail, not your personal address.If you want to find out if you have a file number, you can call the Secretary of State's office.
Step 9: Complete items are listed on the form.
The jurisdiction and address of your main office are required if you are filing for a different location.It doesn't have to be in Texas.If your main office is not in Texas, you need the office address.You will use the assumed name for the duration.The form can be renewed at the end of 10 years.Where the assumed name will be used.
Step 10: You should check the paperwork with your partners.
You can skip this step if you are the only person in charge of the business.Make sure that your co-owners approve all of the information you provide in the application.
Step 11: Take the form to the public.
An outside party who is licensed is able to verify your identity, make sure you are not being forced to do anything against your will, and confirm that you understand what the document says.You must have your signature on the application in order for it to be accepted.
Step 12: The DBA form should be submitted to the Secretary of State.
After signing the application, send it to the Secretary of State's office.The address of the Secretary of State is P.O.Box 13697 is located in Austin, Texas.A $25 fee is included with this application, either as a check or money order.
Step 13: The form should be submitted to the county clerk's office.
If the business's principal place of business is outside of the state, you will have to file it in the county where it is located.The Secretary of State's website can be used to find county office clerks.If you mail the form, keep a copy for yourself.You should include your payment with the application.If you have questions, you should submit the application in person.Your forms will be checked by the employees at the county clerk's office.
Step 14: You should order a copy of the approved form.
You want to keep the proof in your files once your form has been approved.You will have an official copy of your records to defend yourself if there are problems in the future.You should always charge a fee for this service.It is better to have peace of mind than to save money.
Step 15: The DBA should be renewed when necessary.
The certificate is valid for 10 years after you file it.You can have it renewed within six months.You must file a certificate of abandonment if you don't want to use the assumed name anymore.You can't change the DBA certificate.If you want to change the name of your business, you have to fill out a new form.