Filing a name registration does not give an entity the authority to transact business in Texas. In order to approve a name registration, the name must be distinguishable in the records of the secretary of state from the name of an existing filing entity, foreign filing entity, name reservation or other name registration. Should I file a name registration or an application for registration?Ī name registration is a filing that can be made by an organization that is authorized to do business in Texas as a bank, trust company, savings association, or insurance company, or that is a foreign filing entity not registered to transact business in Texas under the Texas Business Organizations Code.A name reservation may be renewed by filing a new application during the 30-day period preceding the expiration of the current reservation. You can file a name reservation through SOSDirect 24 hours a day, 7 days a week. Name reservations are now "generic" and can be used to form any type of filing entity. Is there a limit on the number of times I can reserve an entity name?.Can I withdraw or cancel a name reservation before the end of the 120-day reservation period?.If I reserve a name for a corporation, can I use the name to form an LLC?.Also note that the preclearance of a name or the issuance of a certificate of formation under a name does not authorize the use of a name in violation of another person's rights to the name. Do not make financial expenditures or execute documents based on a preliminary clearance. A final determination cannot be made until the document is received and processed by the secretary of state. If you wish the secretary of state to provide a preliminary determination on name availability, you may call (512) 463-5555, dial 7-1-1 for relay services, or e-mail your name inquiry to Corporations Section. Texas Administrative Code, Title 1, Part 4, Chapter 79, Subchapter C sets out the rules for determining whether names are distinguishable, the same, or available with consent. Under section 5.053 of the BOC, the name of a filing entity or a registered series of a Texas LLC or the name under which a foreign filing entity registers to transact business in this state must be distinguishable in the records of the secretary of state from the name of any existing filing entity, the name of a foreign filing entity that is registered to transact business in Texas, the existing fictitious name of a foreign filing entity, the name of another existing registered series of a Texas LLC, and any existing name reservation or name registration filed with the secretary of state. How do I determine whether the name I have chosen for my entity will be accepted for filing by the secretary of state?.If you have specific legal questions, consult your attorney. The answers to our Frequently Asked Questions are provided for informational purposes and are not intended to provide legal advice or to substitute for the advice of an attorney. SOSDirect: Business Searches & Formations.
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