Assumed Name

General Information:

General Information:

The Texas Business and Commerce Code Title 5, Chapter 71, requires all persons conducting business or providing professional services to file an Assumed Name Certificate commonly referred to as a DBA.  Section 71.054 of the code states a person shall file the certificate in the office of the County Clerk in each county in which the person maintains a business or professional premises; or conducts business or a professional service without premises.  

 

A certificate is effective for a term not to exceed 10 years from the date the certificate is filed with the County Clerk. A registrant who has filed a certificate and who ceases conducting business or render professional services under the assumed name stated in the certificate MAY file a statement of abandonment of use of the assumed name in the office in which the registrant’s certificate was filed. Do NOT mail to Texas Comptrollers Office. Our form is mostly used by local banks to show you are “doing business as” so you can set up your bank accounts.  Please see Sec 71.153 for more information.  

 

Unincorporated assumed names are not protected.  Another business owner or applicant may have chosen the business name you wish to use or may use the same name after you have filed your chosen business name. Searching the records is the responsibility of the applicant.  An applicant may search assumed name documents already filed in Palo Pinto County by appearing in person at the County Clerk’s Annex Office 100 SE 6th Ave Ste 102 Mineral Wells, TX 76067 or Main Office 520 Oak St Palo Pinto, TX 76484. (see main page for hours of operation)

For online searches click here:

https://palopintocountytx-selfservice.tylerhost.net/web/user/disclaimer

 

The Assumed Name Certificate must be signed before a Deputy County Clerk or before a Notary Public before being filed.  All parties named on the Assumed Name application form must appear in person, at the same time, in the office of the County Clerk, at the time of filing, if the form has not been notarized in advance.

Forms

Fees

Due at the time of filing:

$24.00 + $.50 per additional name - Filing Fee

Additional Copies:

$7.00 - Certified Copy

$1.00 each page - Plain Copy

Certificate of Abandonment

A registrant who has filed an assumed name certificate and ceases to transact business or under professional services under the assumed name stated in the certificate may file a Certificate of Abandonment with the county clerk. This information also needs to be given to the Appraisal District to inform them that the business has closed.

Additional Helpful Information and Resources:

Effective September 1, 2019, HB 3609 eliminated the county-level filing requirement for a corporation, limited liability company, limited partnership, limited liability partnership, or of a foreign filing entity that conducts business under an assumed name. Please see https://www.sos.state.tx.us for more information on filing an incorporated business with the state.

 Tax IDs are available from the Texas State Comptroller

 

 If you need assistance completing your DBA please contact either your CPA, Bank, or Attorney

 

The County Clerk and staff cannot give legal advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing any legal instrument or forms.