Naming a LLC in Texas
Texas is known to be a very strict state in terms of corporate names for LLC. That is why we are providing you with this information in an attempt to teach our visitors and customers about the rules that determine a Limited Liability Company name availability in the state of Texas.
Article 2.03 of the TLLCA provides that the name of a limited liability company must contain the words “Limited Liability Company” or “Limited Company,” or the abbreviations “L.L.C.,” “LLC,” “L.C.,” “LC,” or “Ltd. Co.”
The word “Company” or the abbreviations “Co.” or “Ltd.” alone do not satisfy the requirements of this article since are appliable to corporations. However, a limited liability company formed before September 1, 1993, that complied with article 2.03 on the date of formation, but does not comply with the revised article, is not required to change its name.
The name of a limited liability company may not be the same as, or deceptively similar to, the name of an existing limited liability company, corporation, limited partnership, or a name that has been reserved or registered for a limited liability company, corporation or limited partnership. A name may be similar if a written consent is obtained from the entity with the similar name.
The Entity Name Rules are applicable to determine similarity of names. In addition, the name cannot contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of organization.
Issuance of a certificate of organization does not authorize the use of a limited liability company name in this state in violation of the rights of another under the federal Trademark Act of 1946, the Texas Trademark law, the Assumed Business or Professional Name Act, or the common law.
A domestic or foreign limited liability company having authority to transact business in Texas may do so under an assumed name.
A limited liability company would file its assumed name certificate in the office of the secretary of state and in the office of the county clerk in the manner prescribed by Chapter 36 of the Texas Business & Commerce Code, commonly referred to as the Assumed Business or Professional Name Act (ABPNA).
The name of the limited liability company set forth in its articles of organization is not considered to be an assumed name. Section 36.02(7)(H) of the ABPNA defines an assumed name for a limited liability company as any name used by the company other than the name stated in its articles of organization or its comparable document.
Active Filings will perform a non binding preliminary name check as a part of our formation services. If the name is not available we will contact you to request more alternatives until the name is finally accepted.
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