Texas Business And Commerce Code Title 5, Chapter 71 - Assumed Business Or Professional Name

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 71.001 - Short Title
  This chapter may be cited as the Assumed Business or Professional Name Act. Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec....
• Texas Section 71.002 - Definitions
  In this chapter: (1) "Address" means: (A) a post office address; and (B) a street address, if the street address is not the same as...

SUBCHAPTER B REQUIREMENTS APPLICABLE TO CERTAIN UNINCORPORATED PERSONS

• Texas Section 71.003 - Applicability Of Chapter
  (a) This chapter does not apply to an insurer authorized to engage in business in this state and described in Subchapter A, Chapter 805, Insurance...
• Texas Section 71.051 - Certificate For Certain Unincorporated Persons
  A person must file a certificate under this subchapter if the person regularly conducts business or renders a professional service in this state under an...
• Texas Section 71.052 - Contents Of Certificate
  The certificate must state: (1) the assumed name under which the business is or is to be conducted or the professional service is or is...
• Texas Section 71.053 - Execution Of Certificate
  (a) The certificate must be executed and acknowledged: (1) by each individual whose name is required to be stated in the certificate or the individual's...

SUBCHAPTER C REQUIREMENTS APPLICABLE TO INCORPORATED BUSINESS OR PROFESSION AND CERTAIN OTHER ENTITIES

• Texas Section 71.054 - Place Of Filing
  A person shall file the certificate in the office of the county clerk in each county in which the person: (1) has or will maintain...
• Texas Section 71.101 - Certificate For Incorporated Business Or Profession, Limited Partnership, Limited Liability Partnership, Limited Liability Company, Or Foreign Filing Entity
  A corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity must file a certificate under this subchapter if the entity: (1)...
• Texas Section 71.102 - Contents Of Certificate
  The certificate must state: (1) the assumed name under which the business is or is to be conducted or the professional service is or is...
• Texas Section 71.103 - Place Of Filing
  (a) The corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity shall file the certificate in the office of the secretary...

SUBCHAPTER D GENERAL PROVISIONS REGARDING ASSUMED NAME CERTIFICATE

• Texas Section 71.104 - Execution Of Certificate
  (a) A certificate filed in the secretary of state's office must be executed by an officer, general partner, member, manager, or representative of or attorney-in-fact...
• Texas Section 71.151 - Duration And Renewal Of Certificate
  (a) A certificate is effective for a term not to exceed 10 years from the date the certificate is filed. (b) A certificate is void...
• Texas Section 71.152 - Material Change In Information; New Certificate
  (a) Not later than the 60th day after an event occurs that causes the information in a certificate to become materially misleading, a registrant must...
• Texas Section 71.153 - Abandonment Of Use Of Business Or Professional Name
  (a) A registrant who has filed a certificate under this chapter and who ceases to conduct business or render professional services in this state under...
• Texas Section 71.154 - Index Of Certificates
  (a) The secretary of state and each county clerk shall keep an alphabetical index of: (1) all assumed names that have been filed in the...
• Texas Section 71.155 - Filing Fees
  (a) The county clerk shall collect a fee of: (1) $2 for filing each certificate or statement required or permitted to be filed under this...
• Texas Section 71.156 - Prescribed Forms
  (a) The secretary of state may prescribe a form to be used for filing a certificate or statement that complies with this chapter in the...
• Texas Section 71.157 - Effect Of Filing
  (a) This chapter does not give a registrant a right to use the assumed name in violation of the common or statutory law of unfair...

SUBCHAPTER E PENALTIES

• Texas Section 71.158 - Filing Of Reproduction
  (a) The secretary of state may accept for filing a photographic, photostatic, or similar reproduction of a signed original document required or authorized to be...
• Texas Section 71.201 - Civil Action; Sanction
  (a) A person's failure to comply with this chapter does not impair the validity of any contract or act by the person or prevent the...
• Texas Section 71.202 - Criminal Penalty: General Violation
  (a) A person commits an offense if the person: (1) conducts business or renders a professional service in this state under an assumed name; and...
• Texas Section 71.203 - Criminal Penalty: Fraudulent Filing
  (a) A person may not knowingly or intentionally sign and present for filing or cause to be presented for filing a document authorized or required...

Last modified: September 28, 2016