Key Takeaways

  • You can check LLC name availability in Texas through the Texas Secretary of State’s SOSDirect system.
  • A name must be distinguishable and not deceptively similar to existing businesses in the state.
  • Using a DBA (Doing Business As) requires separate filing and does not secure exclusive rights to a name.
  • Name reservations and assumed names must follow specific Texas state filing rules.
  • Trademarks and domain registrations do not replace the need for a formal LLC name search in Texas.

Conducting a Texas Secretary of State LLC search is one of the first things you need to do when setting up your LLC. Even if you're just checking the status of an existing business entity, the Texas Secretary of State website can provide you with all the information you need.

When you're considering forming a Texas LLC, you would start with a name availability search. You can use the “name availability” tool to verify whether the name you want is available. You should also check to verify whether a URL is available, even if you don't plan to build a website immediately. Buying the domain keeps someone else from purchasing it.

Checking a Business Name

If a business plans to be active in Texas, they must be registered and listed with the Secretary of State's office. There are several methods to check for an active business or to check your desired LLC name. You can search the database online, email for information, mail a request, or even call.

When you search the online database:

  • Only enter the first one or two words of the name
  • Search all forms, both singular and plural
  • Do not add “LLC” or “L.L.C.” to your search

People search for an existing business to verify or obtain the following information:

It doesn't matter whether the business is an LLC, LC, LLP, LP, or a corporation—all business types are searchable through the Texas Secretary of State. You need to have at least one of the following to search:

  • Business name
  • File Number
  • Tax ID

For Tax ID or File Number, the search criteria must be exact, while the name must be specific.

Texas Business Naming Rules and Restrictions

When conducting an LLC name search in Texas, it's essential to ensure that your desired name complies with the state’s naming guidelines. The Texas Secretary of State requires that all LLC names be distinguishable from existing entities and not misleading to the public.

Here are some core requirements:

  • Unique and Distinguishable: Your LLC name cannot be the same as or deceptively similar to any business name already registered in Texas.
  • Use of Designators: Texas requires LLCs to include an appropriate designator, such as “Limited Liability Company,” “L.L.C.,” or “LLC.”
  • Prohibited Words: Certain terms like “bank,” “trust,” or “insurance” may require additional documentation or licensing.
  • No Impersonation of Government Entities: Your name may not imply affiliation with a government agency.

Failing to follow these rules could result in rejection of your business filing application.

How to Conduct a Business Entity Search

  • Start by visiting the Texas Comptroller of Public Accounts website and choose your search method.
  • After you hit search, the results page will display any results. For more information on any of the listed names, click the “details” button.

Using SOSDirect for a Texas LLC Name Search

SOSDirect is the official online tool provided by the Texas Secretary of State for business name searches and filings. While there is a nominal fee for using SOSDirect, it provides the most accurate and up-to-date information.

Steps to use SOSDirect for an LLC name search:

  1. Visit the SOSDirect website.
  2. Log in or set up a temporary user login.
  3. Select “Business Organizations” and choose the option to search by name.
  4. Enter only the main keywords of your desired business name (avoid designators like “LLC”).
  5. Review results for any potential conflicts.

You can also perform a preliminary name search by calling the Secretary of State’s Corporations Section or emailing a name availability inquiry, but these are less immediate than SOSDirect.

Name Similarity and Approval

When selecting a name for your Texas LLC, it's crucial to ensure that it is not the same as or deceptively similar to any existing business names on file with the Secretary of State. This requirement applies to all filing entities—whether domestic or foreign—as well as name reservations and name registrations. If your desired name is similar to one already in use, you must obtain written consent from the existing business owner for approval.

Name Reservation Guidelines

Texas allows name reservations for any type of business filing through a generic reservation process. However, securing a name reservation does not guarantee exclusive rights if a similar name already exists. For example, if “Jack’s Apples, Inc.” is already registered, you would not be allowed to form “Jack’s Apples, LLC” without consent. A name reservation simply holds a name for your use—it does not authorize the business to begin operations. Name reservations are valid for one year and may be renewed.

Changing an Existing Business Name

If your LLC needs to change its legal name after formation, it must follow the rules laid out in its governing documents and the Texas Business Organizations Code. The name change process requires filing a Certificate of Amendment with the Secretary of State to make the new name official.

Using an Assumed Name (DBA)

If you wish to operate under a different name than your LLC's legal name, you must file an Assumed Name Certificate (commonly referred to as a DBA, or “Doing Business As”). This certificate includes details about your business’s legal name and physical address. It's important to note that filing a DBA does not prevent other businesses from using the same name—it does not grant exclusive rights. As a result, multiple businesses may file DBAs using identical names, even in the same state.

Reserving a Business Name in Texas

If you are not ready to form your LLC but want to secure a name, you can file a name reservation with the Secretary of State.

  • Reservation Period: A name can be reserved for 120 days.
  • Fee: There is a $40 nonrefundable fee to file Form 501 (Application for Reservation or Renewal of Reservation of an Entity Name).
  • Renewals: The reservation may be renewed if done before the expiration.

This step is especially useful if you need time to prepare your formation documents or wait for licensing.

Background Information About the Texas Secretary of State

There are six members of the Executive Department, one of which is the Secretary of State. This position is appointed by the Governor and then confirmed by the State Senate. He or she serves as the chief election officer and protocol officer for both state and international matters and acts as a liaison for matters dealing with Mexico and the US-Mexican border.

The Secretary of State is also the custodian of the Great Seal of the State of Texas and he or she is authorized to authenticate and certify official government documents. Their position handles public affairs, is the guardian of public records and all archives, and handles all business filings and related statutory documents.

Why You Should Search Domain Names and Trademarks Too

While registering your LLC name with the Texas Secretary of State is a legal requirement, securing your brand identity involves more steps:

  • Domain Name Availability: Even if you don’t plan to launch a website immediately, purchasing the matching domain helps protect your brand online.
  • Trademark Checks: Use the USPTO database to ensure your desired name isn’t federally trademarked. A Texas LLC name filing does not grant trademark rights.
  • Social Media Handles: Check platforms like Instagram, Facebook, and LinkedIn to see if your business name is already in use.

Taking these extra steps can prevent brand confusion, legal conflicts, and loss of market identity.

Frequently Asked Questions

1. What is the cost to perform an LLC name search in Texas? A basic name availability check is free via phone or email, but using the SOSDirect portal incurs a small fee, typically $1 per search.

2. Can I use a name that is similar to an existing LLC? No, the name must be distinguishable and not deceptively similar. Minor differences in spelling or punctuation may not be enough.

3. Does registering a domain or trademark mean my LLC name is protected? No. A domain or trademark does not substitute for an official business name registration with the Texas Secretary of State.

4. How long does it take to reserve a business name in Texas? A name reservation is typically processed within a few business days and holds the name for 120 days.

5. What if I want to change my LLC name later? You’ll need to file a Certificate of Amendment with the Secretary of State and update your business records accordingly.

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