Risk Management Blog

Texas House Bill 3609: Effective September 1st, 2019
Amends the Assumed Business or Professional Name section (Title 5, Chapter 71) of Texas Business and Commerce Code to remove county filing requirements.

Assumed Name Requirements
Entities required to file Certificates of Assumed Name if regularly doing business under an assumed name:
• Domestic Business Corporations
• Limited Liability Companies (LLCs)
• Limited Liability Partnerships (LLPs)
• Limited Partnerships (LPs)
• Foreign Entities

Texas entities may be required by law to use a different name (often referred to as a forced fictitious name). When a foreign entity wants to do business in Texas, but the true name is not available or doesn’t meet the state requirements, they are required to use another name. Texas is one of the few states that require a separate assumed name registration in this situation.

County-Level Filings – No More!
Texas is also one of the few states that required registration of an assumed name at both the state and local level. Starting September 1st, 2019, county-level filings will no longer be required. Simply file the certificate with the Secretary of State.

States with Local Filing Requirements
Only a handful of states still require both a state and local filing for assumed names.

Arkansas: A file-stamped copy of the filing made with the Secretary of State must be filed in the location of the company’s registered office, unless that office is located in Pulaski county.

Louisiana: In addition to the Secretary of State filing, a company may be required to file in the parish where its principal office is located. However, the requirement to file varies depending on the parish.

Nevada: Filing at the county where business is conducted is required. An optional filing to protect the name can also be done with the Secretary of State.

New York: Fees for county registration must be paid to the Secretary of State when filing the Certificate of Assumed Name with the state. However, the state takes care of sending notification to the county – the filer is not required to submit anything at the county level.

South Dakota: Filing can be made either at the county or through the Secretary of State’s online system. Use of the online system is in place of a paper filing submitted to the county register of deeds.

Concerned about keeping up with different or changing requirements? Contact your client services specialist!