The Texas Business and Commerce Code requires businesses to file an ASSUMED NAME CERTIFICATE, commonly known as “doing business as or dba”.
Also, most banks require a proper filing to open a business checking account. An Assumed Name Certificate must be filed with the County Clerk’s office in the county in which you plan to conduct business.
Please, note the following:
- Prior to creating a new business and completing your Assumed Name form you need to do a search to ensure the name you’ve selected isn’t being used.
- State Search - For state-filed businesses such as Corporations, LLC's etc. contact the Secretary of State to determine if a name you want to register is available. NOTE: Online search requires payment of a fee by credit card. Visit the Secretary of State, call (512) 475-2755, or email SOSDirect@sos.state.tx.us
- County Search – For business names filed at the county level. Searches must be completed at the County Clerk’s office. Staff members in the clerk’s office are prohibited from conducting searches for you.
- Assume Name forms can be picked up at the County Clerk's office, or download them online. All questions you have concerning the process of filing an assume name will need to be directed to an attorney, as we cannot offer legal advice.
- Once you’ve determined the appropriate form needed, complete the form and bring it to the Official Public Records Dept. located in the basement of the County Clerk’s office at 200 E Ferguson, Tyler. Bring along with you a valid government issued ID. The required fee of $26.00 for the first signature (owner) and .50 for each additional signature (owner) will be collected at the time of filing.
- If all owners appear in person with their valid government Picture ID the County Clerk deputy can make a deputy acknowledgment and place a notary acknowledgment on your form, FREE of charge.
- All signatures must be notarized and all persons must be present to have their signature notarized
- We accept cash, cashier’s check, business check or money order made payable to Karen Phillips, County Clerk.
- Assumed Name Certificates are effective for a term not to exceed 10 years from the date the certificate is filed.
Office hours: 8:00a.m. - 4:45p.m.. All transactions must be completed by 4:45p.m. to allow time for deputy clerks to close and reconcile registers.
For additional information contact the Secretary of State at 512-463-5555 or visit the website: http://www.sos.state.tx.us/corp/forms_boc.shtml