Texas Assumed Name Certificate - Sole Proprietor

State:
Texas
Control #:
TX-1039
Format:
Word; 
Rich Text
Instant download

About this form

The Assumed Name Certificate for Sole Proprietors is a legal document that allows an individual to register a business under a name that is different from their personal legal name. This form is specifically designed for sole proprietors in Texas and ensures compliance with state laws. Unlike other business formation documents, it focuses on the name under which the business operates, protecting both the proprietor’s identity and the assumed name itself.

What’s included in this form

  • Section for the name of the individual conducting the business.
  • Statement certifying the assumed name under which the business will operate.
  • Declaration of the true full name of the business owner.
  • Time frame for which the assumed name will be used.
  • Designation of the counties in Texas where the business will operate.
  • Signature and acknowledgment sections for notarization.

Common use cases

You should use the Assumed Name Certificate when you intend to conduct business in Texas as a sole proprietor under a name that is not your legal name. This situation arises when you wish to operate under a brand name that reflects your business, such as a craft or service business, and you want to ensure that you meet state legal requirements for business operation.

Who can use this document

The following individuals should consider using this form:

  • Anyone operating a sole proprietorship in Texas under an assumed name.
  • Individuals looking to legally protect the name of their business brand.
  • Entrepreneurs who want to ensure compliance with Texas state business laws.

How to prepare this document

Follow these steps to accurately complete the Assumed Name Certificate:

  • Identify the name of the individual who will conduct the business.
  • Specify the assumed name you will use for your business.
  • Provide the true and full name of the individual conducting the business.
  • Enter the start and end dates for using the assumed name.
  • List the counties where you will transact business under the assumed name.
  • Sign the form and have it notarized where indicated.

Is notarization required?

This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.

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Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.

Form selector

Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

Form selector

We protect your documents and personal data by following strict security and privacy standards.

Avoid these common issues

  • Failing to use the correct assumed name as registered with the state.
  • Not specifying the counties where business will be conducted.
  • Omitting the required notarization before submitting the document.
  • Providing incorrect or incomplete dates for the use of the assumed name.

Benefits of completing this form online

  • Easy access to legal templates that comply with Texas laws.
  • Convenience of downloading and editing forms to fit specific needs.
  • Reliable documents prepared with guidance from licensed attorneys.

Summary of main points

  • The Assumed Name Certificate is essential for sole proprietors in Texas using a name different from their legal name.
  • Proper completion ensures compliance with state business laws and protects your business identity.
  • Notarization is required to validate the document.

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FAQ

Do I need to file a DBA for a sole proprietorship? While a sole proprietor is required by law to use his legal name to conduct business, the use of a DBA, however, is optional. If a sole proprietor does want to use a DBA, he must obtain permission from local authorities first.

A DBA is always required in California when a sole proprietor, or any other business entity, wants to operate and sign legal documents under a different name.Many sole proprietors are required to file a DBA in the state of California. The only exception is when the owner's last name is part of the business name.

As a sole proprietor, by default, the legal name of your business is your own name. But you can choose to operate the business under another name, known as a fictitious business name or doing business as (DBA).

Your business may need to obtain business licenses or professional licenses depending on its business activities. Texas provides a comprehensive website of every profession and occupation that requires a license by any sole proprietorship.

In Texas, all corporations, limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), or out of state companies that regularly conduct business in Texas under a name other than its legal name, must file a DBA with the Secretary of State.

DBA Requirements in Texas Many Texas sole proprietorships use DBAs, but state law does not require it.If you are a sole proprietorship operating under an assumed name in Texas, you must register your name with the office of the county clerk in the county of your business's principal location.

Check the DBA's Name Availability. Submit an Application for the DBA. Obtain a State Business License. Obtain Necessary Licenses or Permits. Register with the State Tax Department. Apply for an Employer Identification Number.

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Texas Assumed Name Certificate - Sole Proprietor