Texas requires a state filing with the Texas Secretary of State for Texas corporations, LLC’s, limited partnerships and limited liability partnerships. Entrepreneurs forming one of these business organizations in Texas need to first find out if the business name of their choice is available. Texas provides many free or cheap ways to search Texas business names. After running a business-name search and confirming that a name is available, the business can then use the chosen Texas business name when filing the certificate of formation with the Texas Secretary of State.
First, decide which name you would like to use. In Texas, like most states, you cannot simply choose any business name you want. You must follow certain rules when selecting a Texas business name. Open the online document containing rules for Texas entity names (see Sources). Look through this document to determine what you can and cannot do and what you must do when selecting a Texas business name. For example, each entity must have one of a number of specified “words of incorporation or organization” in the business name. As an example, a Texas corporation must have one of the following in its names: company, corporation, incorporated, limited (for a foreign corp.), co., corp., inc., and ltd.
After choosing a legal name, you must then run a Texas name search. The state provides several options for this. Refer to the following options when deciding how to run a search for Texas business names:
Option 1 – Free Search By Telephone
You may call 512-463-5555 to get a free search for your chosen business name. The Secretary of State will run a search to see if your chosen business name is still available. There is no charge for this method.
Email the Secretary of State at [email protected]. Include your chosen business name and request a name search. There is also no charge for this method.
Option 3 – Fax
You may request a name search by fax for $5 per entity name. Use 512-463-5709 to request a Texas name search by fax.
Option 4 – Mail
Mail requests are also $5 per entity. Send your request to the following address: Corporations Section, Secretary of State, P.O. Box 13697, Austin, TX 78711-3697.
Option 5 – SOS Direct (see Sources)
Texas uses the SOSDirect online system for a number of different business registrations and other filings. You may even file for your Texas certificate of formation for your corporation, LLC or partnership entity by using SOSDirect. When searching for your chosen business name and registering your business at the same time, the charge for the Texas business-name search is free. When done individually, you must pay $1 per search.
Registering Your Texas Business Name:
Simply use your chosen name as the business name when filing your certificate of formation with the Secretary of State. Note that it is possible that someone will register your name before you do. The Secretary of State will let you know if you need to pick a different business name.
