If your Texas LLC operates under any name other than its exact legal name — a trade name, brand name, or "doing business as" (DBA) name — you must file an Assumed Name Certificate with both the Texas Secretary of State and the county clerk in every county where you do business under that name. Skip this and Texas law bars you from enforcing contracts signed under that unregistered name. The state filing costs $25, county fees vary, and each certificate is valid for 10 years.
Step 1: Determine whether you need a DBA
Your LLC's legal name is the exact name on your Certificate of Formation filed with the Texas Secretary of State (for example, "Smith Holdings LLC"). You only need an assumed name certificate if you conduct business under any name that differs from that legal name.
Situations that require a DBA:
- Your LLC is named "Smith Holdings LLC" but you market under "Austin Kitchen Supply"
- You operate multiple brands under one LLC — each brand name needs its own certificate
- You use your LLC name without the required "LLC" identifier in contracts, signage, or ads
You do not need a DBA if you always use your exact legal LLC name — including the "LLC" suffix — in all business dealings.
An assumed name certificate is a conditional obligation — it applies only when you operate under a different name. See the Texas LLC compliance checklist for all seven obligations your LLC may owe.
Common mistake: Printing a trade name on a website, business cards, and contracts without filing the assumed name certificate first. Any contract signed under that unregistered name may be legally unenforceable — you could lose a breach-of-contract lawsuit simply because you skipped a $25 filing.
Step 2: Check name availability
Before filing, confirm the assumed name you want isn't already taken or likely to cause confusion. Run a search through:
- SOSDirect at sos.state.tx.us — search the Texas business entity database
- Texas Comptroller taxpayer search — for additional verification
Important: An assumed name certificate does not give you exclusive statewide rights to the name. It records that your LLC uses this name in the specified counties. If brand protection matters, consider a state or federal trademark filing in addition to the certificate.
This search should take about 15 minutes.
Step 3: File with the Texas Secretary of State (Form 503)
LLCs must file at the state level using Form 503 (Assumed Name Certificate).
- Download Form 503 from the SOS forms page at sos.state.tx.us/corp/forms_option.shtml, or access it through SOSDirect for online filing.
- Complete the form:
- Your LLC's exact legal name and SOS file number
- The assumed name you want to register
- The counties where you will use this name (list specific counties, or "all counties in Texas" if operating statewide)
- The period of use — up to 10 years from the filing date
- Signature of an authorized representative of the LLC
- Submit online through SOSDirect or mail to: Secretary of State, P.O. Box 13697, Austin, TX 78711-3697
- Filing fee: $25
Processing time: Online filings are typically processed within 1–3 business days. Mail can take 5–7 business days.
This step takes about 20 minutes.
Step 4: File with the county clerk
This is the step most LLC owners miss — and it's required by law. You must file an assumed name certificate with the county clerk in each county where your LLC conducts business under that name.
- Identify each county where you have a physical location, regularly meet clients, or conduct business.
- Contact each county clerk's office. Many now accept online filings; others require in-person or mail submission.
- Submit a copy of your assumed name certificate or a county-specific form if required.
- Fee: Typically $15–$25 per county (varies by county).
County examples: Travis County for Austin, Dallas County for Dallas, Harris County for Houston. If you operate exclusively online with no fixed location, consult the SOS's guidance on which counties apply to your situation.
Common mistake: Filing only with the Secretary of State and assuming you're done. Without the county filing, your assumed name registration is legally incomplete. Texas courts have barred plaintiffs from enforcing contracts in a county where the assumed name was not registered locally.
Each county filing takes about 20–30 minutes.
Step 5: Renew before the 10-year expiration
An assumed name certificate is valid for up to 10 years from its filing date. The exact expiration appears on your certificate.
Set a calendar reminder at least 90 days before expiration. Renewal uses the same process as the original filing: a new Form 503 to the SOS ($25) and re-filing with each county clerk. If you stop using the name before it expires, you can file an Abandonment of Assumed Name with the SOS to remove it from the record — no fee required.
For a complete list of your LLC's recurring state obligations and deadlines, see the Texas LLC annual filing checklist 2026.
Quick Reference
| Detail | Info |
|---|---|
| What | Assumed Name Certificate (DBA) |
| Who | Any LLC operating under a name different from its exact legal name |
| When | Before doing business under the assumed name; valid up to 10 years |
| Where | Texas SOS + county clerk in each county of operation |
| Form | Form 503 (SOS filing) + county clerk form (varies by county) |
| Cost | $25 (SOS) + $15–$25 per county |
| Penalty | Cannot enforce contracts made under the unregistered assumed name |
Frequently asked questions
What happens if I don't file a Texas assumed name certificate?
Texas Business & Commerce Code § 71.201 prohibits a business from maintaining a lawsuit to enforce any contract made under an unregistered assumed name. In plain terms: if a client doesn't pay you and you sue them, the case can be dismissed because you weren't legally conducting business under that trade name. Filing the certificate is a low-cost, one-time protection that takes about an hour to complete.
Do I really need to file with both the Secretary of State and the county clerk?
Yes — both filings are required by Texas law. The SOS filing creates a statewide record; the county clerk filing creates the local record for the counties where you operate. Skipping either step leaves your registration incomplete. Courts have specifically held that the absence of a county filing can bar enforcement of contracts in that county.
How long does a Texas DBA last?
An assumed name certificate filed with the Texas Secretary of State is valid for up to 10 years from the filing date. County filings also expire — check with each county clerk for their specific term. Renewing before expiration costs the same as the original filing.
Does filing a DBA give me exclusive rights to the business name in Texas?
No. An assumed name certificate does not grant trademark rights or exclusive statewide use of a name. Another business could register the same assumed name in a different county. If protecting your brand name is a priority, consider a Texas state trademark registration or a federal trademark through the USPTO in addition to the assumed name certificate.
Can my Texas LLC have more than one DBA?
Yes. A single LLC can operate under multiple assumed names. Each assumed name requires its own Form 503 filing with the SOS ($25 each) and its own county clerk filing. This is a common structure for LLC owners running multiple brands under one legal entity — it avoids the cost and complexity of forming separate LLCs for each brand.
Not sure what else your Texas LLC owes?
Most business owners are surprised by how many filing obligations they have. Ortholo's free compliance checker shows you everything you owe, when it's due, and what happens if you miss it — personalized to your entity.
Check my obligations — free →Last verified: 2026-04-27
Sources: Texas Secretary of State — Assumed Name Filings FAQ · Form 503 · Texas Business & Commerce Code § 71.201