Assumed Names/DBA
Assumed Name Applications, Assumed Name Abandonments and Assumed Name Withdrawals are now accepted by mail, drop off, and in person.
Montgomery County Clerk provides the following forms for your convenience:
Assumed Name Application
Assumed Name Abandonment
Assumed Name Withdrawal
Overview
Individuals doing business under any name other than their own and certain business entities need an assumed name certificate to do business in the State of Texas. Texas Business & Commerce Code, Chapter 71. The assumed name certificate is also known as “doing business as,” or “dba.”
It is necessary to file an assumed name certificate in each county in which the filer will maintain an office or every county in which the filer will conduct business if the filer does not maintain an office. Texas Business & Commerce Code, § 71.054.
Individuals starting a business may want to seek legal advice from an attorney.
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.
Who can file in Montgomery County?
Montgomery County accepts assumed name certificates for filing from the following:
Individuals
Sole Proprietorship
Real Estate Investment Trust
Partnership
Joint Stock Company
See Texas Business & Commerce Code § 71.052.
Certain business entities file their assumed name certificates solely with the Texas Secretary of State and thus, Montgomery County does not accept assumed name certificate filings from these entities:
Corporation
Limited Partnership
Limited Liability Partnership
Limited Liability Corporation
Foreign Filing Entity
See Texas Business & Commerce Code § 71.051.
Filing Fees
$13.50 for certificate with 1 owner.
If you have more than one owner, add $.50 for each additional owner.
If you need a certified copy, add $5 + $1/page for each certified copy.
We accept a cashier’s check, money order or a personal/business check payable to: L. Brandon Steinmann, Montgomery County Clerk. If submitting payment by personal check, please include a legible copy of your valid identification. We do not accept cash by mail.
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.
Copies:
If you need a plain copy of an assumed name document (application, abandonment or withdrawal), the cost is $1 per page of the certificate.
If you need a certified copy of an assumed name document, the cost is $6.
Texas Local Government Code § 118.014
Payment
Include the correct payment for fees. We accept a cashier’s check, money order or a personal/business check payable to: L. Brandon Steinmann, Montgomery County Clerk. If submitting payment by personal check, please include a legible copy of your valid identification. We do not accept cash by mail. Cash is accepted in office only and will be rejected if sent in by mail.
Validity and Expiration
An assumed name certificate is good for 10 years from the date of filing unless a shorter time period is specified on the certificate. If you are still using the business name ten (10) years after your filing date, you must file a new certificate preceding the certificate’s expiration date. Texas Business & Commerce Code § 71.151.
Has there been a change?
You must file a new certificate if any of the information on the original certificate changes during the period of validity. Texas Business & Commerce Code § 71.152.
Statement of Abandonment
A statement of abandonment is filed if the registrant ceases to conduct business or render professional services under the assumed name stated in the certificate. It is filed in the same office as where the assumed name certificate was filed. Texas Business & Commerce Code § 71.153.
If there is more than one owner, use one form for each owner. Each owner must have the form notarized. If all of the abandonment forms are sent in at the same time, the fee will be charged one time. If the forms are submitted individually, the fee will be charged for each submission.
Withdrawal of Individual Owner
If one or more of the partners in the business wishes to withdraw from the business, a withdrawal is filed.
A copy of the assumed name certificate must be attached to the completed, signed and notarized withdrawal form.
The same fees listed above apply for abandonment or withdrawal.
Change of Address
If the business changes addresses, the registrant must abandon the original certificate and file a new certificate reflecting the correct address.
Instructions for filing:
1. Choose your name.
2. You can search the County Records here Search Assumed Names for availability of the name of the business. It is always best to search all variations of the business name.
The County Clerk’s Office will not research the availability of a business name and does not verify that a duplicate filing has occurred.
Note: Failure to find a name in our records does not necessarily mean the name is available. The Montgomery County Clerk accepts no responsibility for search parameters chosen by the applicant or the accuracy or completeness of searches performed.
3. You may file your assumed name document by mail, by drop off at our office, or in person at our office, but the document must be complete - notary services are not available at our office.
All mailed in and dropped off documents will be returned by mail. Please include a self-addressed, stamped envelope for us to return the document to you.
4. Please make the cashier’s check, money order or personal/business check payable to:
L. Brandon Steinmann, Montgomery County Clerk
If you are paying by check, include a legible copy of your valid identification.
We do not accept cash through the mail.
5. Please make sure you have accurately calculated the amount you owe. Failure to do so will result in a delay in processing your document.
6. If you are a military veteran eligible for waiver of the fees, please include a copy of your military identification.
7. Assumed Name Applications, Assumed Name Abandonments and Assumed Name Withdrawals must be notarized. If you are dropping off your document at our office, please have it notarized beforehand. Notary services are not available at our office.
8. Please include a self-addressed, stamped envelope for us to return the document to you.
9. Please mail your original and notarized document along with payment to:
Montgomery County Clerk
P.O. Box 959
Conroe, Texas 77305
Montgomery County Clerk provides the following forms for your convenience:
Assumed Name Application
Assumed Name Abandonment
Assumed Name Withdrawal
