Month: January 2024

The name of the corporation or other business entity provided on this certificate must exactly match the records of the Department of State. This information should be verified on the Department of State’s website. Obtaining a Certificate of Assumed Business Name is a straightforward process, but it requires careful attention to detail to ensure compliance with local regulations. The steps to secure this certificate involve interacting with local government offices, preparing assumed name certificate for some expenses, and timing your application correctly to align with your business plans. If you form a corporation, LLC or other entity, it is your responsibility to register the name of the business. If you fail to do so, you may incur fines and risk personal liability if anyone sues your business.

Filing Your Assumed Name Certificate

Completed forms can be mailed to our office, or an appointment can be scheduled for in-person service. Use this form to cancel a certificate of Assumed Name that’s currently on record. Signatures of all current applicants or an Authorized Agent are required for submission. Contact us today for business registration and business compliance assistance. A number of states provide that the assumed name filing is effective for a certain period of years and must be renewed.

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.

A small business might choose to use a fictitious name for several reasons. Below are a few common ways an assumed business name could benefit your business.

Instructions for Completing the Certificate of Assumed Name

The approved form that you will receive back is proof that your certificate of Assumed Name has been filed with our office. A domestic or foreign corporation may conduct or transact business under an assumed name (commonly referred to as a D/B/A) by filing a Certificate of Assumed Name pursuant to Section 130 of the General Business Law. Beyond requiring a filing, there is little uniformity among the assumed name statutes. Although most use the term “assumed name” others use “fictitious name”, “trade name”, or another term.

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.

When an Assumed Name Certificate is Necessary

Some states impose monetary penalties, which can mount up, while others impose criminal fines. In some states, you cannot enforce a contract or bring a lawsuit until you have properly registered your assumed name. These statutes typically require the name to be registered with a state or local agency. They also impose penalties for failure to comply that the business and its owners and managers will want to avoid.

Doing Business As (DBA)

The information provided above are simple explanations for potentially complex issues, questions about your specific situation should be asked to qualified professionals. A Disposition of Interest is the removal of an assumed name that has been filed with the County Clerk’s office. These documents contain form fields that can be edited within your browser. If you are unable to edit the form in your browser, try downloading the file to your system and opening it directly.

A written request for the expedited processing desired must be submitted with the Certificate of Assumed Name and must indicate the level of expedited processing requested. Certificates of Assumed Name submitted through the mail should be marked with the notation “Expedited Handling” on the envelope and in your cover letter. Certificates of Assumed Name submitted via fax with the Credit Card/Debit Card Authorization Form must specifically indicate the level of expedited processing requested. Mail completed assumed name and/or disposition of interest application with a check or money order payable to Mary Louise Nicholson, County Clerk. (Please include a self-addressed, stamped envelope.)  The application(s) must be notarized and contain original signatures.

Maintaining Your Assumed Name Certificate

• This document is frequently referred to as a “Doing Business As” (DBA) or “fictitious name” certificate.
• It is important to note that state statutes regulate the use of assumed names, and failure to register may lead to unwanted consequences.
• If a business ceases operations or no longer uses the assumed name, a statement of abandonment or cancellation should be filed to formally withdraw the registration.
• It’s important to realize that doing business for purposes of an assumed name filing may be determined differently from doing business for other purposes, such as having to qualify in a different state or for tax purposes.
• Tarrant County provides the information contained in this website as a public service.

Failing to do so can expose both the business and owners to unpleasant consequences. If your state requires you to file for an assumed business name certificate, it may not last forever. Wondering if your state requires you to file for an assumed name certificate? You can learn if DBA registration is necessary in your state and, if it is, which department you need to reach out to in order to get your fictitious name certificate. Depending on your state, an assumed name certificate may also be referred to as a DBA (doing business as) registration or a fictitious name filing. Form an LLC, corporation, or nonprofit, and get an EIN, business license, or registered agent service.

Two of the most commonly asked about topics with financial implications are:

Many states allow businesses that have a registration of a fictitious name to apply under that name for business credit. 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 allows a business to operate under a designation distinct from its official legal name. Businesses or individuals often use an assumed name for branding, marketing, or to avoid using a personal name for commercial activities.

Failure to comply with state or local requirements can lead to loss of credibility with vendors, clients, and banks. Proper registration protects the business’s legal standing and ensures compliance, reducing the risk of litigation or operational disruptions. Not sure whether you should file for an assumed business name or register for a new, separate business entity with your state? Talk to a trustworthy business attorney for legal advice on your personal situation.

Most states have statutory provisions governing the use of assumed names. In general, these statutes require business entities, individuals, and partnerships doing business under an assumed name to make a public filing. The document that is filed typically sets forth the assumed name, the true name, the state of formation, and the principal place of business. If your business is going to use any name other than its legal one, it’s critical to find out whether state law requires you to complete a fictitious name filing.

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.

• This email address may be used to send annual renewal reminders and other important notices that may require action or responses.
• Use this form to change the official email address that was provided in your filing.
• If more than one person is to be listed on the certificate, all parties must be present at the same time.
• Filing your Assumed Name Certificate or DBA is one of the first steps in turning an idea into a business.

Whether a business entity is “doing business” so as to be subject to the assumed name statute is a legal question that should be determined by the business entity’s counsel. Filing for an assumed name certificate allows businesses to operate under a name that differs from their legal name, providing greater flexibility for branding and marketing. It helps build recognition by creating a name that resonates with customers and fits the business’s identity. Registering an assumed name also ensures compliance with local laws, protecting the business from legal issues. It can make opening business bank accounts and signing contracts easier, as many banks and vendors require proof of registration. For businesses looking to expand services or enter new markets, an assumed name offers a simple way to create a fresh identity without forming a new legal entity.

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.