According to the state’s guidelines, all businesses are expected to perform a Texas Secretary of State business search before forming an LLC.
This guide is intended to assist you to check the Texas LLC name availability. While it is critical to select a business name in accordance with the state’s guidelines, make sure that no other entity in Texas is using it other than your Texas LLC.
1. Discover the Guidelines for Naming an LLC
Before making a final decision on your LLC name, our team strongly suggests that you ensure that your business entity name meets the state’s guidelines.
In fact, choosing a business name remains the first and most essential step in establishing an LLC. It’s important to note that you must pick a business name that satisfies Texas’ state requirements and can be easily searched by your potential clients online.
In summary, the naming guidelines are as follows:
- Your company's name should contain the abbreviations (LLC or L.L.C.) or "limited liability company."
- Be certain that your LLC's name does not include words that may cause confusion between your limited liability company and governmental institutions, such as the State Department or the FBI.
- If your name contains restricted words, such as Bank or University, additional paperwork or the services of a licensed individual, such as an attorney or doctor, may be necessary.
Learn more on the Texas Secretary of State’s LLC naming guidelines here.
2. Conduct a Texas LLC Name Search
The Texas Entity Search is a useful tool for checking whether or not your chosen LLC name is available in the state. As a result, it is critical to complete this step before you do a Texas LLC name reservation request.
To conduct a Texas business name search, enter your chosen name and leave out specific identifiers, including “LLC,” then leave the other boxes blank. As a result, you will recognize other Texas businesses with the same or similar names. If you were unable to locate your chosen business name then it is presumably available.
What To Do If Your Preferred Name Is Unavailable
After doing a comprehensive Texas LLC search, it was found that your preferred name was already in use. So, what are your current plans?
Your only option is to create a new LLC name that is both legal and acceptable to the state. It should also be distinct from the one you previously selected.
This strategy may be tough for foreign companies looking to expand.
Whether or whether your LLC is recognized by its original name in other states, you must comply with the Secretary of State’s naming standards; you must change it if it is the same or too similar to an existing LLC name in Texas.
3. Choose a Web Domain Name
Another critical factor to consider is if your chosen LLC name has an available domain name. For example, it is crucial to have a URL that obviously matches your LLC name. This small detail can have a significant impact on your potential clients’ ability to search your business online.
Furthermore, a common way to determine whether or not your chosen name is available is to search a domain registry like GoDaddy.
Find a Domain Now
4. Reserve Your LLC Name in Texas
The Texas Secretary of State’s Corporation Section manages all questions and requests related to business entities. You are eligible to reserve your potential LLC name for 120 days. If you haven’t formed your company by the time the name reservation expires, you can renew your name reservation only 30 days before its expiration date.
Moreover, you can find online business-related services on the Texas Secretary of State’s website. An application and a filing fee will be required if you opt for reserving a business entity name online or by mail. Furthermore, checks are carried out by the Secretary of State.
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Additional Considerations
Conducting a Texas LLC lookup may appear simple, but there are a few things to consider when selecting the business name that best meets your needs. Additional research always comes in handy; therefore, our team recommends performing a Texas LLC name check through Social Media and Trademarks to be sure that you are eligible to use your chosen LLC name.
Search for a Trademark
Searching for a trademark will assist you in developing several aspects of your business, including the name, logo, and even a slogan. It will also allow you to avoid costly and potentially costly litigation. As a result, discovering that other business entities have trademarked the name that you have chosen does not automatically preclude you from taking it.
However, determining the LLC that is using your chosen name, their industry, as well as their location is critical to ensuring that you do not inadvertently violate the business owner’s property rights.
The following are the steps to conducting a trademark search:
- Discover the state’s trademark records on the Texas Secretary of State’s website to see if your chosen name or associated slogan is already in use by another entity in Texas.
- Search the records of the United States Patent and Trademark Office to find local trademarks that are linked with your potential business entity name.
Search via Social Media
Lastly, it is important to have a doozy and available business name on social media networks. This can be done with the use of online tools like Namecheckr, which helps you to search all social media platforms simultaneously.
Conclusion
Choosing a Texas LLC name may be both thrilling and difficult. You can proceed with the formation procedure as long as the name you choose is legal and distinct.
Following your Texas entity search and selection of an LLC name, you may need to choose a domain name that correlates to it so that potential clients can quickly locate your LLC on the internet.
Finally, you may use a Texas LLC name reservation form to be ahead of your competitors.
- Choose your LLC name. Before filing your documents, you must check that your selected LLC name conforms with the Secretary of State’s naming requirements.
- Assign a registered agent. In order to form an LLC, you must appoint a person or company as a registered agent to handle process serving. They must accept legal documents on your behalf.
- Submit a Certificate of Formation. A Texas LLC can be formed by submitting a Certificate of Formation for a Limited Liability Company (Form 205) to the Secretary of State.
- Draft an operating agreement. This is a contract that details the day-to-day operations of an LLC as well as the rights and responsibilities of each member. Although an operating agreement is not required by law for LLCs, we strongly advise you to create one.
- Get an EIN. Regardless of whether your LLC employs workers or not, it must get its own IRS Employer Identification Number (EIN). You may get an EIN by filling out an online application on the IRS website.
- Submit annual franchise tax reports. In contrast to the majority of states, Texas does not require LLCs to file annual reports with the Secretary of State. LLCs, on the other hand, are required to file annual franchise tax returns.
It’s important to note that your desired LLC name must include these words:
- Limited Liability Company;
- LLC; or
- L.L.C.
In addition, your name should not include words that can confuse the public; it should clearly reflect the product or service you offer.
In order to make changes to your Texas limited liability company name, you will need to complete Form 424, Certificate of Amendment, by mail, in person, or by fax, along with Form 807 for credit card information.
To ensure that your desired name is legal and distinct, you can do an LLC name search on the Texas Comptroller of Public Accounts website. In addition, you may also do a Texas LLC name availability check on the Texas Secretary of State website, albeit the SOS will charge a $1.00 fee for these searches.
- The Texas Secretary of State charges $300 and a state-mandated 2.7 percent convenience fee to file a Certificate of Formation.
- If you want to reserve your LLC name before completing the Certificate of Formation, you must submit a name reservation application for $40.
Note: Veterans should be aware that if you are starting a 100 % veteran-owned firm, the Secretary of State will waive the filing fee for qualified veterans (honorable discharges only) who file immediately by mail, in person, or by fax. Visit the Secretary of State’s Business Information for Veterans page for further information.
Renewing the name of your LLC is not mandatory in Texas, but it is strongly advised. For instance, if your LLC does not supply the same product or service as indicated in the articles of organization, you must renew your LLC name to clearly represent the product or service you market.
All limited liability companies (LLCs), limited partnerships (LPs), limited liability partnerships (LLPs), and out-of-state entities who do business in Texas under a name other than their legal name must register a DBA with the Secretary of State.
What's Next?
Now that you have your entity name, it's time to take the next steps to establish your Texas LLC. Check out our full guide on how to form an LLC in Texas, where we can guide you every step of the way.
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