Texas Affidavit of Facts Pertaining to Assumed Name Certificate Withdrawal
About this form
The Affidavit of Facts Pertaining to Assumed Name Certificate Withdrawal is a legal document used to officially withdraw individual names from connection with a business entity. This form is specifically designed to facilitate the removal of a person's name from a business while ensuring that the business itself remains intact. It differs from other business dissolution forms, which address the closure of an entire business rather than just an individual's association with it.
Main sections of this form
- Printed name of the person withdrawing their name from the business.
- County and state information of the individual's residence.
- Name and details of the business from which the individual's name is being withdrawn.
- Effective date of withdrawal from the business.
- Signature and printed name of the individual withdrawing their name.
- Notary acknowledgment section to validate the document.
When to use this document
This form is essential in situations where an individual has been part of a business and needs to officially withdraw their name, typically for legal or administrative purposes. Common scenarios include a partner leaving a business or an individual no longer wanting their name associated with a business entity.
Who needs this form
- Individuals who are currently listed as owners or participants in a business.
- Partners who wish to exit a partnership.
- Anyone who wishes to dissociate their name from a business entity for personal or legal reasons.
Steps to complete this form
- Identify yourself by entering your full printed name at the top of the form.
- Provide your county and state of residence in the designated fields.
- Enter the name and relevant details of the business from which you are withdrawing your name.
- Specify the effective date of withdrawal, ensuring it aligns with your intentions.
- Sign and print your name at the signature section at the bottom of the form.
- Complete the notary section by having your signature witnessed by a notary public.
Does this document require notarization?
Yes, this form must be notarized to be legally valid. It is essential that the signed document is witnessed by a notary public, who will acknowledge the signature. US Legal Forms offers integrated online notarization for added convenience, allowing you to complete the process securely via video call without the need to travel.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
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.
We protect your documents and personal data by following strict security and privacy standards.
Mistakes to watch out for
- Failing to include the effective withdrawal date.
- Not having the document notarized, if required.
- Omitting necessary details about the business.
- Signing the affidavit without proper identification before a notary.
Benefits of using this form online
- Immediate access to a professionally drafted legal document.
- Easy to download and customize to fit your needs.
- Reduces the likelihood of errors through guided fields.
- Convenience of obtaining the form from anywhere at any time.
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FAQ
The certificate expires at the end of the stated term or 10 years from the date of filing. If the registrant decides to continue using the same assumed name, a new assumed name certificate must be filed prior to the expiration of the current certificate.
Attachment Screen ? Certificate of Account Status: A certificate of termination must be accompanied by a certificate of account status from the Comptroller of Public Accounts indicating that all taxes under Title 2 of the Tax Code have been paid and that the entity is in good standing for the purpose of dissolution/
By filing an assumed name certificate, you are notifying the public that a particular business entity intends to conduct business under a name other than its legal name. This means that generally an entity may advertise under the assumed name, use the assumed name on business cards and letterhead, etc.
Complete and submit Form 05-359, Request for Certificate of Account Status to Terminate a Taxable Entity's Existence in Texas or Registration (PDF), or request the certificate online using Webfile.
The entity must: Take the necessary internal steps to wind up its affairs.Submit two signed copies of the certificate of termination.Unless the entity is a nonprofit corporation, attach a Certificate of Account Status for Dissolution/Termination issued by the Texas Comptroller.Pay the appropriate filing fee.
Simply filing an Assumed Name Certificate or ?dba? does not authorize you to use the name in violation of someone else's rights to the name. It does not prevent anyone else from using the name in Texas commerce. It does not prevent the Secretary of State from filing a new entity with that name as its legal name.
