According to the Texas Business and Commerce Code regardless of where in Texas you are using an assumed name, an assumed name certificate must be filed as follows:
The following types of persons are required to file an assumed name certificate with the county clerk in each county in which a business office is or will be maintained. If the person does not maintain a business office in Texas, then in each county in which the person conducts business.
The following types of Texas or foreign business entities are required to file an assumed name certificate both with the secretary of state and with the appropriate county clerk. Entities that are required to maintain a registered agent file in the county where the entity’s principal office is located, if the principal office is located in Texas, or where the registered office is located, if the entity’s principal office is not located in Texas. A domestic entity that is not required to maintain a registered agent shall file in the county where the entity maintains its office in Texas. A foreign entity that is not required to maintain a registered agent in Texas shall file a certificate in the county where it maintains its principal place of business in Texas.
Choose a business name and determine if the name you wish to use is available. It is your responsibility to fully research the name you wish to use, which may include more than a search of the records maintained by our office. You may visit our office to search Jefferson County Assumed Name filings, or you may search using our Public Records Online website.
Note: Chapter 71 of the Texas Business & Commerce Code does not authorize rejection of an assumed name certificate on the basis of a name conflict. Therefore, there may be multiple assumed name certificates on file with the Jefferson County Clerk for the exact same name. An assumed name certificate provides information about the underlying business’s identity and location. It does not give the registrant any right to use the assumed name in a way that violates the law, infringes on the rightful use of the name by others, and it does not prevent anyone else from filing the same assumed name or using the name to form a new entity with the secretary of state. It is up to each business entity to protect its name and good will.
Complete the appropriate Assumed Name form available under Downloadable Forms (see above). for Unincorporated Business or Profession, which is available as a PDF download or at the County Clerk’s Office.
File the completed certificate with our office (addresses and hours of operation). All parties mentioned on the certificate need not be present for us to record the certificate. We will accept a certificate delivered in person, by mail, by carrier, or (in some cases) via eRecording. If you wish to have a signature acknowledged by our office, the signer must be present to sign and have proof of identity and age.
Assumed Name Certificates must be either notarized or acknowledged before they can be filed. While we cannot provide notary services, we can officially acknowledge the certificate. There is a $1.00 charge for this service and the signer must be present. We will only acknowledge certificates provided by our office, not those generated by customers.
Proof of identity and age using documents approved by state law. These may include an official copy of the applicant’s birth certificate, a driver’s license or state-issued identification card, or an approved document issued by Texas or another state, the United States, or a foreign government (i.e., passport, visa, military identification, etc.).
Pay the filing fee of $23.00 plus an extra $0.50 for each additional owner's name listed after the first.
A week to ten days after your filing, your original will be mailed back to you. If you need a certified copy of the Assumed Name Certificate, be sure to request one or more at the time of filing. The cost is $5.00 plus a $1.00 per page for each certified copy.
An Assumed Name certificate must include a stated term or duration for the filing, which cannot exceed 10 years from the date of filing. 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.
If you discontinue using the business name, you may file a certificate of abandonment. Complete the Certificate of Abandonment of Use of Assumed Business or Professional Name, which is available as a download or at the County Clerk’s Office. Then file the completed certificate with our office in person, by mail, by carrier, or (in some cases) via eRecording.
The Jefferson County Clerk’s Office provides the below links as optional resources for those wishing to learn more about conducting business in Texas. This list is provided as a courtesy and is not intended to serve as an endorsement of any resource.