Friday, September 6, 2019

The Death of County-Level Assumed Name Certificates

Good news for corporations (and limited partnerships, limited liability partnerships, limited liability companies, and foreign filing entities) using assumed names in Texas and their attorneys.  Effective September 1, 2019, they will no longer be required to file assumed name certificates at the county level.

As I have blogged about in the past, Texas law previously required companies operating under an assumed name to file an assumed name certificate with both the Secretary of State and in the appropriate Texas county. I always thought the county level filing was a big waste of time. Once the state level filing had been made, the entire state had been placed on notice who was using the assumed name - so why the need to file the same information again at the county level? To make matters worse, the county level filing was required to be notarized, which added another sometimes cumbersome step in the process. Fortunately, the Texas legislature seems to have agreed and rationalized its assumed name certificate rules.

The new law (HB 3609 in the 86th legislative session) and is available to read here.

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