DBA or Legal Name Change in Texas: Which Do You Need?
A DBA adds a name to your business. A legal name change replaces the name your business already has. In Texas, an LLC, corporation, or limited partnership adds a DBA by filing an Assumed Name Certificate with the Secretary of State. It changes its legal name by filing a Certificate of Amendment.
The rule of thumb is simple. If the old name is going away, change your legal name. If you want to keep your legal name and also operate under another, file a DBA. And if your business already has a DBA and you are changing your legal name, you need both, because Texas generally requires a new assumed name certificate within 60 days of the change.
The two filings also work differently. A legal name change needs the approval your entity type requires and a name the state will accept. A DBA is a notice filing. The state doesn't check it against other names, and it gives you no exclusive right to the name.
Not sure which filing you need? Start with a free status check. We confirm your business is active with the Secretary of State and the Comptroller, then file the right document for one flat fee, state filing fee included. DBA filings start at $129.
Is a DBA the same as changing your business name in Texas?
No. A DBA leaves your legal name exactly where it is. The state's record of your entity still shows the legal name, and the DBA is a public notice that your entity also does business under another name.
A legal name change is different. It replaces the name in your certificate of formation, so the old name is no longer your entity's name at all. Learn more.
Which one does my situation call for?
Most situations point clearly to one filing or the other.
Your situation | What fits |
You are rebranding and the old name is going away | Legal name change |
You want a new product line or location to have its own name | DBA |
You want to keep your legal name but market a shorter version of it | DBA |
You already have a DBA and are changing your legal name | Both: a name change plus a new DBA |
You no longer use a DBA your business filed | Retire the old DBA |
Either way, the order starts with your status. We file only for businesses formed in Texas that are active with both the Secretary of State and the Comptroller. A forfeited business needs Texas reinstatement first.
Know which filing you need? Legal name change from $399 ($199 for nonprofits and cooperatives), DBA from $129, or both together from $499 ($299 for nonprofits). We screen the name, file with the state, and send your filed copy electronically.
When is a DBA required in Texas?
A DBA is required when your business regularly operates under a name other than its legal name. That applies to corporations, LLCs, limited partnerships, and other filing entities, and Texas law sets civil and criminal penalties for skipping it.
Each name needs its own certificate, and the certificate states which Texas counties the name will be used in. Since September 2019, these entities file their DBAs with the Secretary of State only, not with the county.
Does a DBA protect my business name in Texas?
No. The state accepts an assumed name certificate even when another business has already filed the same name, so more than one business can hold the same DBA.
Your legal name works differently. The state will not register a new entity whose name isn't distinguishable from yours. Neither filing is a trademark, though. If protecting a brand name matters to your business, that's a separate question for an attorney.
Frequently Asked Questions
Can I have more than one DBA for the same business in Texas?
Yes. A business can operate under several assumed names, but each one needs its own certificate.
Do I need to file my DBA with the county in Texas?
Not if your business is an LLC, corporation, or limited partnership. Since September 1, 2019, those entities file with the Secretary of State only. Sole proprietors and general partnerships still file with the county clerk. Our service covers Texas LLCs, corporations, limited partnerships, and nonprofits.
Can I sign contracts under my DBA?
A DBA lets your business advertise and use the name on business cards and letterhead. How to sign contracts and legal documents under an assumed name is a question for an attorney.
How long does a Texas DBA last?
Up to 10 years. You choose the term when you file, anywhere up to that limit. To keep using the name after it expires, your business files a new certificate. You can file the new certificate up to six months before the old one expires.
What happens if I operate under a name I never filed in Texas?
Texas law sets civil and criminal penalties for doing business under an assumed name without filing the certificate. If your business already uses a name it never filed, a DBA filing brings it into compliance.
Name change, new DBA, or both. We handle the filing. One order, one flat fee, state filing fee included. Already have a DBA that is now out of date? The bundle covers the new name and the new DBA together, and you can retire the old one in the same order for $29.
