COUNTY CLERK

Assumed Names / DBA

Overview
The Texas Business and Commerce Code Chapter 71 requires, along with most banks, that businesses must file for an ASSUMED NAME CERTIFICATE, commonly known as “Doing Business As” or DBA. Depending on the type of business, this application will be done either with the County Clerk for each County in which the business operates or with the Texas Secretary of State.

Effective September 1, 2019 the County Clerk no longer accepts Assumed Name submissions for corporations, limited partnerships, Limited Liability Companies (LLC), or a foreign filing entity. During the 86th Legislative Session, House Bill 3609 was passed which requires corporations to now file with the Secretary of State (effective September 1, 2019). View the Secretary of State Assumed Name Filing FAQs. 

If your business is unincorporated please continue reading the information below. 

Ownership of the Business Name
An Assumed Name Certificate is NOT a Business License, so if your business is located inside the city limits of a municipality, please reach out to that city hall regarding their local requirements.

In addition, an Assumed Name Certificate is NOT a Trademark, Copyright or Right of Ownership for the business name. Duplicating a business name on an Assumed Name application is discouraged, but the County Clerk’s office cannot legally prevent it. It is the sole responsibility of the business owner to protect the integrity of their business name. To that end, consider obtaining professional legal advice.

Application Process for an Assumed Name / DBA Certificate

STEP 1: Selecting a Name
Choose a name for your business and then search the online records of the Montgomery County Clerk to see if that name is available. We do have computers for public access available in our Conroe Office.

Note: The staff in the Montgomery County Clerk’s Office is not allowed to do the search for you and cannot legally verify that a filing of a duplicate name has occurred or that your search methods produced accurate results.

SEARCH HERE: Search Assumed Names 
CLICK: “Login as Guest” – “Accept” – “Search Public Records” – “Assumed Names”

STEP 2: Completing and Submitting the Application Form
Fill out the form completely and sign it in front of a notary. Once it has been completed, then either mail the form with the fee to the County Clerk or bring it to the office in Conroe. At this time, there is no notary available in our office, so please have the document fully completed before arrival.

• Include a self-addressed and stamped envelope for us to return the certificate to you
• Include payment in the form of a cashier’s check, money order or personal/business check made out to: Brandon Steinmann, Montgomery County Clerk
• Include a photo copy of a valid I.D. that corresponds to the check
• NO CASH
• Mailing Address: P.O. Box 959, Conroe, TX 77305

Assumed Name / DBA Forms:
Assumed Name Certificate Application
Assumed Name Notice of Abandonment Form

Filing Fees
$23.50 for certificate with only 1 owner listed.
If you have more than one owner, add $.50 for each additional owner.

CASH or CHECK ONLY at our Conroe Office
At this time, we are not able to accept debit or credit cards for payment.

Waiver for Veterans
In 2017, the Texas Legislature waived fees for filing Assumed Name certificates for military veterans as defined by Texas Occupations Code § 55.001 (persons who served on active duty and were discharged or released from active duty). You must present valid identification showing your active duty or veteran status to claim this waiver.

Validity and Expiration
An Assumed Name certificate is good for 10 years from the date of filing. If you are still using the business name ten (10) years after your filing date, you must file a new certificate before the expiration date. Texas Business & Commerce Code § 71.151.

Change in your information?
If any of the information on the original certificate changes during the 10 year period of validity, then a notice of abandonment AND a new certificate application must be filed. Any incorrect or outdated information on the currently recorded certificate will remain unless it expires at 10 years or the certificate holder files an abandonment. Texas Business & Commerce Code § 71.152.

Legal Help
- The staff of the County Clerk’s Office are legally forbidden from offering legal advice or opinion, nor can a specific law office be recommended. Texas Local Government Code § 81.101
- It is recommended that those starting a business should consider obtaining legal help to ensure that their interests are protected.
- Additional information about starting a business may be found at the Texas Secretary of State’s website on how to start a business: https://www.sos.state.tx.us/corp/business-startup.shtml.