Texas LLC Name Availability: What a Search Can Establish

To check whether a Texas LLC name is available, search the Texas Secretary of State's business records through SOSPortal, and if you want a second opinion, ask the Secretary of State for a preliminary name check by phone or email. Neither is a final answer. Under the Texas Business Organizations Code, the name must be distinguishable in the Secretary of State's records, and that is decided only when your certificate of formation is processed.

What a Texas name must be distinguishable from

The Secretary of State's name filings FAQ explains that, under section 5.053 of the Business Organizations Code, the name of a new filing entity must be distinguishable in its records from:

• the name of any existing filing entity, such as a corporation, LLC or limited partnership;
• the name of a foreign (out-of-state) filing entity registered to do business in Texas, and any fictitious name such an entity registered under;
• the name of an existing registered series of a Texas LLC; and
• any existing name reservation or name registration on file.

The detailed tests for whether two names are distinguishable, the same, or available with the other entity's consent are in the Texas Administrative Code, Title 1, Part 4, Chapter 79, Subchapter C. Because the comparison covers every filing entity, not only LLCs, search without "LLC" so corporations and partnerships with similar names show up too.

Step 1: Search SOSPortal

The Secretary of State's business records are searched through SOSPortal, which is available around the clock. The Secretary of State notes a $1.00 statutorily authorized fee for each search, so plan your searches before you start:

• Search the most distinctive word in your proposed name first, then the full name.
• Leave out endings such as "LLC" and "Inc." and try plural, abbreviated and alternate spellings.
• Look at the status of close matches, and write down file numbers for anything that looks similar.

Our Texas SOSPortal search guide explains the search options, the file number and how to read a record. The Comptroller's franchise tax account search is a separate system; it answers a tax-status question, not whether the Secretary of State will accept a name.

Step 2: Ask for a preliminary name check

The Secretary of State will give a preliminary determination on name availability if you call (512) 463-5555 (dial 7-1-1 for relay services) or email the Corporations Section, whose address is listed in the FAQ. The FAQ is explicit about the limits:

• A final determination cannot be made until your filing is received and processed.
• Do not spend money or sign documents based on a preliminary clearance.
• Clearing a name, or even issuing a certificate of formation under it, does not authorize using the name in violation of another person's rights to it.

Naming rules for a Texas LLC

• Designator. The LLC certificate of formation (Form 205) says the name must contain "limited liability company", "limited company" or an abbreviation of one of these phrases.
• No false government affiliation. Whoever signs Form 205 affirms that, to the best of their knowledge, the name does not falsely imply an affiliation with a governmental entity.
• Distinguishable. As described above, measured against the Secretary of State's records, not just against other LLCs.

Reserving a Texas LLC name

If you are not ready to file, you can hold a name with an Application for Reservation or Renewal of Reservation of an Entity Name (Form 501). According to the form and the FAQ:

• The filing fee is $40, and the reservation lasts 120 days.
• You can file it online through SOSPortal.
• Reservations are generic: a name reserved for a corporation can be used to form an LLC, and vice versa.
• You can renew by filing a new application during the 30 days before the current reservation expires, and there is no limit on the number of reservations.
• The reserved name does not need an organizational designation yet. The designation (such as "LLC") must be included, where required, in the certificate of formation or registration you file later.

A reservation is optional. If you are ready to form the LLC, file the certificate of formation; the name is checked during that review. The filing fee shown on Form 205 is $300.

Assumed names do not protect a Texas name

An LLC that does business under another name files an assumed name certificate with the Secretary of State, for a $25 fee. The FAQ notes that state law does not allow the office to reject an assumed name certificate because of a name conflict, so several businesses can have the same assumed name on file. An assumed name certificate also does not stop anyone from forming a new entity under that name. An entity cannot file its own exact legal name as an assumed name.

Check trademarks before you commit

Because a Texas filing does not give you the right to use a name against someone with earlier rights, also search the USPTO trademark database, look for businesses already using the name online and in your market, and consider a trademark attorney if the brand matters to you.

Next steps

With a name that passes the search, the preliminary check and a trademark review, you can file Form 205 with the Secretary of State yourself or use a formation service to prepare and file it. Keep a backup name ready in case the name is rejected. For other states, see how to check LLC name availability.