Assumed Names Texas Corporation

Section 5.051 of the BOC specifically authorizes the use of an assumed name by a domestic entity or foreign entity having authority to transact business in Texas and filing under chapter 71, Business & Commerce Code.
1.
In the case of a corporation, such as a nonprofit corporation, section 71.002(2) of the Business & Commerce Code, defines an assumed name as “a name other than the name stated in its certificate of formation or a comparable document.”
2.
The execution requirements for assumed name certificates filed with the Secretary of State differ from county level filing requirements. The execution requirements for corporations, limited partnerships, limited liability companies, and limited liability partnerships were amended to bring the requirements in line with the execution requirements for other documents filed with the Secretary of State. Chapter 71, Business & Commerce Code, authorizes the Secretary of State to accept photocopies of originally signed assumed name documents and eliminates the notarization requirement for assumed name documents filed with the Secretary of State.
3.
Dual filing of the assumed name certificate is required. An assumed name certificate is filed with the Secretary of State and with the county clerk in the county where the nonprofit corporation maintains its principal office.7 If the nonprofit corporation does not maintain its principal office in Texas, the assumed name certificate would be filed with the county clerk in the county where the corporation maintains its registered office address.
4.
Due to differences in filing requirements, the assumed name certificate form promulgated by the Secretary of State (SOS form 503) should not be used to file an assumed name certificate on the county level.