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Assumed Name Certificate 503 - Texas

Assumed Name Certificate Form. This is a Texas form and can be used in General Business Secretary Of State .
 Fillable pdf Last Modified 8/3/2011
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Form 503--General Information (Assumed Name Certificate) The attached form is drafted to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist. Commentary A domestic or foreign corporation, limited liability company, limited partnership, limited liability partnership, or other foreign filing entity that regularly conducts business or renders a professional service in this state under a name other than its legal name (the name stated in its certificate of formation or comparable document) must file an assumed name certificate with the secretary of state and with the county clerk in the appropriate county. (Texas Business & Commerce Code [TBCC] § 71.103). Effect of Filing: The effect of filing is to give notice to the public that the entity is conducting business under that name. The filing of an assumed name shall not constitute actual use of the assumed name for determining priority of name; nor does the filing of assumed name give the registrant any right to use the name when contrary to the common law or statutory right of unfair competition, unfair trade practices, common law copyright or similar law (TBCC § 71.157). Since the filing is a notice filing, the secretary of state does not have the authority to review the name of the certificate to determine if the filing conflicts with another name on file with this office. Changes to Information: There is no procedure for an amendment to or correction of an assumed name certificate. If there is a material change in the information on the certificate, a new certificate should be filed (TBCC § 71.152). The new certificate should be filed within 60 days after the occurrence of the events which necessitate the filing. An event that causes the information contained in a certificate to become materially misleading includes a change in the name or form of business of the assumed name registrant. Duration: The assumed name certificate shall be effective for a term not to exceed ten years from the date the certificate is filed and may be renewed by filing a new certificate within six months of the expiration of the original certificate (TBCC § 71.151). A registrant may abandon the assumed name certificate before the expiration of the period of duration by filing an abandonment of the certificate (Form 504). Noncompliance: The TBCC in sections 71.201 through 71.203 provides both civil and criminal penalties for failure to file the assumed name certificate. This form has been drafted for filing with the secretary of state. Assumed name certificates filed with the county clerk must be notarized and contain original signatures. Consequently, this form does not satisfy county filing requirements. An assumed name certificate filed with the county clerk must be sent directly to the appropriate county clerk and not to the secretary of state. Instructions for Form Item 1--Assumed Name: The assumed name certificate must state the assumed name under which the business or professional service is or is to be conducted. An entity may conduct business or professional services under multiple assumed names, but a separate assumed name certificate must be filed for each assumed name. Please note that if the name entered as the assumed name in item 1 1 American LegalNet, Inc. www.FormsWorkFlow.com Form 503 is exactly the same as the legal name of the entity on file with the secretary of state, the certificate will be rejected for failing to provide an assumed name. Item 2--Entity Name: The assumed name certificate must contain the legal name of the entity as contained in its certificate of formation or comparable document filed with the secretary of state. An incorporated entity, such as a bank or trust company, whose organizational documents are not filed with the secretary of state, would set forth the legal name of the entity as contained in its organizational documents. Items 3 and 4--Type of Entity and File Number: Identify the type of entity that is filing the assumed name. If there is not a check box that applies to the entity, check "other" and then specify the type of entity in the space provided. It is recommended that the file number, if any, assigned by the secretary of state be provided to facilitate processing of the document. Item 5--Jurisdiction: The certificate must state the jurisdiction of formation of the entity filing the assumed name certificate. Item 6--Office Address in Jurisdiction of Formation: Provide the street address of the registered office or similar office of the entity in the state or country or other jurisdiction of formation. In the case of a Texas entity that is required by law to maintain a registered office in Texas, provide the registered office address. An entity that is not organized under Texas law would provide the street address of its registered office address in its jurisdiction of formation. If the entity is not required by law to maintain a registered office in its jurisdiction of formation, provide its principal office address in its jurisdiction of formation. Item 7--Principal Office Address: Provide the entity's principal office address in Texas. If the entity does not maintain its principal office address in Texas, provide the address of the entity's place of business in Texas. If the entity does not maintain a principal office or principal place of business in Texas, provide the entity's registered office address in Texas if the entity maintains a registered office address in Texas. Item 8--Address Information For Certain Foreign Entities: Set forth the entity's office address outside of Texas only if the entity is a foreign corporation, limited liability company, limited partnership, cooperative association, professional association, limited liability partnership, or other foreign entity that is not registered or required to register with the secretary of state to transact business under chapter 9 of the BOC, but is required to file an assumed name certificate. Item 9--Period of Duration: An assumed name certificate is effective for a term not to exceed a period of ten years from the date of filing the certificate. Check the applicable box to specify the duration which the entity determines should be the duration of the filing of the assumed name certificate. The entity may opt to make the duration the maximum period of ten years, a period of less tha
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