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Texas Business Organizations Code - BUS ORG § 5.053. Distinguishable Names Required

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) The name of a filing entity or registered series of a domestic limited liability company or the name under which a foreign filing entity registers to transact business in this state must be distinguishable in the records of the secretary of state from:

(1) the name of another existing filing entity;

(2) the name of a foreign filing entity that is registered under Chapter 9;

(3) the fictitious name under which a foreign filing entity is registered to transact business in this state;

(4) a name that is reserved under Subchapter C;

(5) a name that is registered under Subchapter D;  or

(6) the name of another existing registered series of a domestic limited liability company.

<Text of (b), as amended by Acts 2017, 85th Leg., ch. 74 (S.B. 1517), § 2>

(b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved or registered, as appropriate, provides to the secretary of state a notarized written statement of the entity's or person's consent to the use of the similar name.  Sections 4.007 and 4.008 apply to a written consent to the use of a similar name under this subsection to the same extent those sections apply to filing instruments.

<Text of (b), as amended by Acts 2017, 85th Leg., ch. 503 (H.B. 2856), § 3>

(b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved or registered, as appropriate, provides to the secretary of state a notarized written statement of the entity's or person's consent to the use of the name.

(c) Subsection (b) does not apply if the secretary of state determines that the names are the same.

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Cite this article: FindLaw.com - Texas Business Organizations Code - BUS ORG § 5.053. Distinguishable Names Required - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-organizations-code/bus-org-sect-5-053/

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