The Texas 503 form, also known as the Assumed Name Certificate, serves as a formal document that notifies the public when a business entity operates under a name different from its legal name. This requirement applies to various entities, including corporations and limited liability companies, ensuring transparency in business operations across the state. For those needing to file this certificate, click the button below to begin the process.
The Texas 503 form, known as the Assumed Name Certificate, plays a crucial role for businesses operating under a name that differs from their legal entity name. This form is essential for both domestic and foreign corporations, limited liability companies, partnerships, and other entities that wish to notify the public of their business activities under an assumed name. By filing this certificate with the Secretary of State, businesses can ensure transparency and compliance with Texas law. The filing serves as a public notice, indicating that the entity is conducting business under a specific name, while also clarifying that it does not grant exclusive rights to that name. It’s important to note that if there are any changes to the information on the certificate, a new filing is required, as amendments are not permitted. The assumed name certificate remains effective for up to ten years and can be renewed, but businesses must also be aware of the potential penalties for noncompliance. With clear instructions laid out for completing the form, including the required information about the entity and its principal office, businesses can navigate this process with confidence. Understanding the implications of the Texas 503 form is essential for any entity looking to operate successfully and legally in the state.
Form 503—General Information
(Assumed Name Certificate)
The attached form is drafted to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist.
Commentary
A domestic or foreign corporation, limited liability company, limited partnership, limited liability partnership, or other foreign filing entity that regularly conducts business or renders a professional service in this state under a name other than its legal name (the name stated in its certificate of formation or comparable document) must file an assumed name certificate with the secretary of state. (Texas Business & Commerce Code [TBCC] § 71.103).
Effect of Filing: The effect of filing is to give notice to the public that the entity is conducting business under that name. The filing of an assumed name shall not constitute actual use of the assumed name for determining priority of name; nor does the filing of assumed name give the registrant any right to use the name when contrary to the common law or statutory right of unfair competition, unfair trade practices, common law copyright or similar law (TBCC § 71.157). Since the filing is a notice filing, the secretary of state does not have the authority to review the name of the certificate to determine if the filing conflicts with another name on file with this office.
Changes to Information: There is no procedure for an amendment to or correction of an assumed name certificate. If there is a material change in the information on the certificate, a new certificate should be filed (TBCC § 71.152). The new certificate should be filed within 60 days after the occurrence of the events which necessitate the filing. An event that causes the information contained in a certificate to become materially misleading includes a change in the name or form of business of the assumed name registrant.
Duration: The assumed name certificate shall be effective for a term not to exceed ten years from the date the certificate is filed and may be renewed by filing a new certificate within six months of the expiration of the original certificate (TBCC § 71.151). A registrant may abandon the assumed name certificate before the expiration of the period of duration by filing an abandonment of the certificate (Form 504).
Noncompliance: The TBCC in sections 71.201 through 71.203 provides both civil and criminal penalties for failure to file the assumed name certificate.
Legislative Change: HB 3609, effective September 1, 2019, was enacted by the 86th Legislature and amended chapter 71 of the Business & Commerce Code to eliminate the county-level filing requirement for a corporation, limited liability company, limited partnership, limited liability partnership, or other foreign filing entity that conducts business under an assumed name.
Instructions for Form
•Item 1—Assumed Name: The assumed name certificate must state the assumed name under which the business or professional service is or is to be conducted. An entity may conduct business or professional services under multiple assumed names, but a separate assumed name certificate must be filed for each assumed name. Please note that if the name entered as the assumed name in item 1
Form 503
Instruction Page 1 – Do not submit with filing.
is exactly the same as the legal name of the entity on file with the secretary of state, the certificate will be rejected for failing to provide an assumed name.
•Item 2—Entity Name: The assumed name certificate must contain the legal name of the entity as contained in its certificate of formation or comparable document filed with the secretary of state. An incorporated entity, such as a bank or trust company, whose organizational documents are not filed with the secretary of state, would set forth the legal name of the entity as contained in its organizational documents.
•Items 3 and 4—Type of Entity and File Number: Identify the type of entity that is filing the assumed name. If there is not a check box that applies to the entity, check “other” and then specify the type of entity in the space provided. It is recommended that the file number, if any, assigned by the secretary of state be provided to facilitate processing of the document.
•Item 5—Jurisdiction: The certificate must state the jurisdiction of formation of the entity filing the assumed name certificate.
•Item 6—Principal Office Address: Provide the street or mailing address of entity’s principal office.
•Item 7—Period of Duration: An assumed name certificate is effective for a term not to exceed a period of ten years from the date of filing the certificate. Check the applicable box to specify the duration which the entity determines should be the duration of the filing of the assumed name certificate. The entity may opt to make the duration the maximum period of ten years, a period of less than ten years or until a date certain which date is not more than ten years from the date of filing.
•Item 8—County or Counties in which the Assumed Name Used: The assumed name certificate is required to state the counties in which the assumed name will be used. If the entity will potentially use the assumed name in all counties in Texas, check the box for “All.” If the entity wishes to exclude certain counties but will use the assumed names in most counties, check the box for “All counties with the exception of the following counties” and list the excluded counties. If the entity will only conduct business in specific counties, check the box for “Only the following counties” and list those specific counties.
•Execution: A certificate filed with the secretary of state shall be executed by an officer, general partner, member, manager, representative of or attorney in fact for the corporation, limited partnership, limited liability partnership, limited liability company, or foreign filing entity. A certificate executed by an attorney in fact shall include a statement that the attorney in fact has been duly authorized in writing by the principal to execute the certificate. Please review the form carefully. Pursuant to section 71.203, a person commits an offense under section 37.10, Penal Code, if the person intentionally or knowingly signs or directs the filing of an assumed name certificate that the person knows contains a materially false statement.
•Payment and Delivery Instructions: The filing fee for an assumed name certificate filed with the secretary of state is $25. Fees may be paid by personal checks, money orders, LegalEase debit cards, or American Express, Discover, MasterCard, and Visa credit cards. Checks or money orders must be payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.7 percent of the total fees.
Instruction Page 2 – Do not submit with filing.
Submit the completed form in duplicate along with the filing fee. The form may be mailed to P.O. Box 13697, Austin, Texas 78711-3697; faxed to (512) 463-5709; or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If a document is transmitted by fax, credit card information must accompany the transmission (Form 807). On filing the document, the secretary of state will return the appropriate evidence of filing to the submitter together with a file- stamped copy of the document, if a duplicate copy was provided as instructed.
Revised 08/19
Instruction Page 3 – Do not submit with filing.
Form 503 (Revised 08/19)
Return in duplicate to: Secretary of State P.O. Box 13697 Austin, TX 78711-3697
512463-5555 FAX: 512 463-5709
Filing Fee: $25
This space reserved for office use.
Assumed Name Certificate
Assumed Name
1.The assumed name under which the business or professional service is, or is to be, conducted or rendered is:
Entity Information
2. The legal name of the entity filing the assumed name is:
State the name of the entity as currently shown in the records of the secretary of state or on its organizational documents, if not filed with the secretary of state.
3. The entity filing the assumed name is a: (Select the appropriate entity type below.)
For-profit Corporation
Limited Liability Company
Nonprofit Corporation
Limited Partnership
Professional Corporation
Limited Liability Partnership
Professional Association
Cooperative Association
Other
Specify type of entity. For example, foreign real estate investment trust, state bank, insurance company, etc.
4.The file number, if any, issued to the entity by the secretary of state is:
5.The state, country, or other jurisdiction of formation of the entity is:
6.The entity’s principal office address is:
Street or Mailing Address
CityState CountryPostal or Zip Code
Period of Duration
7a. The period during which the assumed name will be used is 10 years from the date of filing with the secretary of state.
OR
7b. The period during which the assumed name will be used is
years from the date of filing
with the secretary of state (not to exceed 10 years).
7c. The assumed name will be used until
(not to exceed 10 years).
mm/dd/yyyy
1
County or Counties in which Assumed Name Used
8.The county or counties where business or professional services are being or are to be conducted or rendered under the assumed name are:
All counties
All counties with the exception of the following counties:
Only the following counties:
Execution
The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument and also certifies that the person is authorized to sign on behalf of the identified entity. If the undersigned is acting in the capacity of an attorney in fact for the entity, the undersigned certifies that the entity has duly authorized the undersigned in writing to execute this document.
Date:
Signature of a person authorized by law to sign on behalf of the identified entity (see instructions)
2
Filling out the Texas 503 form is a straightforward process that requires careful attention to detail. Once the form is completed and submitted, it will be filed with the Secretary of State, allowing your business to operate under the assumed name provided. Below are the steps to guide you through the completion of the form.
The Texas 503 form, also known as the Assumed Name Certificate, is a document that must be filed by businesses operating under a name different from their legal name. This form serves to notify the public of the assumed name under which the business or professional service is conducted.
Any domestic or foreign corporation, limited liability company, limited partnership, limited liability partnership, or other foreign filing entity that conducts business in Texas under an assumed name must file this form. If a business uses its legal name, it does not need to file the form.
The form requires several key pieces of information, including:
The assumed name certificate is valid for a maximum of ten years from the date of filing. Businesses can renew the certificate by filing a new one within six months of the original's expiration.
There is no procedure for amending or correcting an assumed name certificate. If there is a material change in the information, such as a change in the name or form of the business, a new certificate must be filed within 60 days of the change.
Failure to file the assumed name certificate can lead to civil and criminal penalties under Texas law. It is important to comply with this requirement to avoid potential legal issues.
The filing fee for the Texas 503 form is $25. This fee can be paid using various methods, including personal checks, money orders, and credit cards, although credit card payments incur a convenience fee of 2.7%.
The completed form can be submitted in several ways:
If submitting by fax, ensure that credit card information accompanies the transmission.
If a business wishes to stop using its assumed name before the expiration of the certificate, it can file an abandonment of the certificate using Form 504.
Yes, House Bill 3609, effective September 1, 2019, eliminated the requirement for county-level filing for entities conducting business under an assumed name. This means businesses now only need to file with the Secretary of State.
Failing to Provide an Assumed Name: One common mistake is not entering an assumed name that differs from the legal name. If the assumed name is the same as the legal name, the certificate will be rejected.
Incorrect Legal Name: Ensure the legal name matches the one on file with the secretary of state. Any discrepancies can lead to issues in processing the form.
Omitting the Entity Type: It’s crucial to select the correct type of entity. If none of the provided options fit, checking "other" and specifying the type is necessary.
Neglecting the File Number: Providing the file number assigned by the secretary of state is recommended. This helps facilitate the processing of your document.
Missing Jurisdiction: The form must clearly state the jurisdiction of formation for the entity. Omitting this information can cause delays.
Incorrect Principal Office Address: Make sure to provide the correct street or mailing address for the principal office. An incorrect address can lead to complications.
Duration Misunderstanding: The assumed name certificate is effective for up to ten years. Be careful to check the appropriate box that reflects the desired duration.
County Listing Errors: Clearly state the counties where the assumed name will be used. Misidentifying counties can result in improper filing.
Improper Execution: The certificate must be signed by an authorized individual. If someone is signing as an attorney in fact, they must include a statement of authorization.
Ignoring Payment Instructions: Ensure the filing fee is correctly submitted. Payments must be made according to the outlined methods, and failure to do so may delay processing.
The Texas 503 form, known as the Assumed Name Certificate, is essential for entities conducting business under a name different from their legal name. Alongside this form, several other documents may be necessary to ensure compliance with state regulations. Here’s a brief overview of five commonly used forms and documents related to the Texas 503 form.
Understanding these related documents can help streamline the process of filing and maintaining compliance with Texas business regulations. Each form plays a vital role in ensuring that businesses operate legally and transparently within the state.
The Texas 501 form, also known as the Certificate of Formation, is similar to the Texas 503 form in that both documents are essential for business entities operating in Texas. The 501 form establishes the legal existence of a corporation or limited liability company by outlining its structure, purpose, and basic operational guidelines. While the 503 form allows entities to conduct business under an assumed name, the 501 form is the foundational document that registers the entity's official name and structure with the state. Both forms require specific information about the entity, including its name and address, but serve different purposes in the business registration process.
The Texas 504 form, titled Abandonment of Assumed Name Certificate, directly relates to the Texas 503 form by providing a mechanism for entities to formally abandon an assumed name. When a business no longer wishes to use an assumed name, it must file the 504 form to notify the state and the public of this decision. This document ensures that the business is no longer associated with the previously registered name, thereby preventing potential confusion in the marketplace. Similar to the 503 form, the 504 form requires specific details about the entity and the assumed name being abandoned.
The Texas 505 form, known as the Certificate of Amendment, is another document that bears similarity to the Texas 503 form. While the 503 form is used to register an assumed name, the 505 form allows entities to make changes to their existing Certificate of Formation. This can include changes to the business name, structure, or other essential details. Both forms require careful attention to detail and must be filed with the Secretary of State to ensure compliance with Texas law. However, the 505 form is focused on amendments to the legal name of the entity, rather than the assumed name under which it operates.
The Texas 506 form, or the Certificate of Withdrawal, is relevant for businesses that wish to cease operations in Texas. Similar to the Texas 503 form, which provides notice of an assumed name, the 506 form notifies the state that a business entity is withdrawing its registration and will no longer conduct business in Texas. This form is essential for maintaining accurate records and ensuring that the entity is no longer subject to state regulations. Both forms serve to inform the public and the state about the status of a business entity, but they address different aspects of business operation and compliance.
The Texas 507 form, known as the Application for Registration of a Foreign Entity, is similar to the Texas 503 form in that it involves the registration of a business entity. However, while the 503 form is for assumed names, the 507 form is specifically for businesses formed outside of Texas that wish to operate within the state. This application allows foreign entities to legally conduct business in Texas, ensuring compliance with state laws. Both forms require detailed information about the entity, but they cater to different types of business operations—domestic versus foreign.
The Texas 508 form, or the Certificate of Merger, also shares similarities with the Texas 503 form. The 508 form is used when two or more business entities combine into one. This document provides official recognition of the merger and outlines the new entity's name, which may include an assumed name. While the 503 form registers an assumed name for an existing entity, the 508 form is a more complex document that signifies a significant change in the structure and identity of the business. Both forms require careful filing with the Secretary of State to ensure that all legal requirements are met.
When filling out the Texas 503 form, there are several important do's and don'ts to keep in mind. Following these guidelines can help ensure your submission is accurate and accepted.
Adhering to these guidelines will help facilitate a smoother filing process for your assumed name certificate in Texas.
Understanding the Texas 503 form, also known as the Assumed Name Certificate, is crucial for businesses operating under a name different from their legal name. However, several misconceptions can lead to confusion. Here are seven common misunderstandings:
Being aware of these misconceptions can help ensure compliance and protect your business interests. Always consider consulting with a legal professional for tailored advice regarding your specific situation.
Key Takeaways for Using the Texas 503 Form