How to Check Company Name Availability in Texas for UK Entrepreneurs

Elon Musk has relocated Tesla to Texas. Now it’s your turn.

If you’re a UK entrepreneur looking to expand your business into Texas or perhaps starting a new venture there, one of the first steps you’ll need to take is ensuring that your chosen business name is available for use. Here’s a comprehensive guide on how to do just that:

Understanding Texas Business Naming Rules

Before diving into the availability check, it’s crucial to understand what Texas requires for business names:

• Uniqueness: Your business name must be distinguishable from all other names registered with the Texas Secretary of State. This includes corporations, LLCs, partnerships, etc.
• Specific Designations:
  • Corporation names must include “Corporation,” “Company,” “Incorporated,” or “Limited,” or abbreviations thereof.
  • Limited Liability Companies (LLCs) must include “Limited Liability Company,” “Limited Company,” or their abbreviations.
• Character Limitations: Names can only include letters, numerals, and certain symbols like “! ? + – $ % # * @ [] / () &.”

Steps to Check Business Name Availability in Texas:

1. 1. Preliminary Online Search

1. 1. • Texas Secretary of State Website: Use the Texas Secretary of State’s online service at the Texas Secretary of State website. Here, you can perform a basic search for business entity names. Simply type in your proposed name or key parts of it in the search field. If no matches or similar names come up, your name might be available.

1. 1. 2. Utilise SOSDirect
   2. • SOSDirect Service: For a more thorough check, Texas provides an online service called SOSDirect. This requires setting up an account:
        • Visit the SOSDirect site.
        • Create an account if you don’t have one already.
        • There’s a small fee (typically $1 per search) which you’ll need to pay to conduct detailed searches.

1. 1. 3. Contacting the Secretary of State
   2. • Direct Inquiry: If you prefer not to search online or need clarification, you can:
        • Call the Texas Secretary of State at 512-463-5555 (available Monday to Friday, 8 AM to 5 PM CT).
        • Email at corpinfo@sos.texas.gov (mailto:corpinfo@sos.texas.gov).
        • Fax inquiries to 512-475-2761 (note there might be fees for faxed requests).

1. 1. 4. Consider Trademark Issues
   2. • Even if your business name is available in Texas, check for trademark issues:
        • U.S. Patent and Trademark Office (USPTO): Search the federal trademark database to ensure your name doesn’t infringe on any existing trademarks.

1. 1. 5. Local Name Searches If your business will operate locally within Texas, you might also want to check for:
         • Assumed Names (DBAs): Names under which businesses operate that aren’t their legal name. These can be checked through county clerk offices where the business operates.

Tips for Naming Your Business

1. 1. 1. • • Be Creative but Clear: Your business name should be unique yet clearly reflect what your business does.
           • Check Domain Availability: Even if you’re focusing on Texas, securing a matching domain name can be beneficial

1. • Legal Compliance: Ensure your name doesn’t suggest activities you aren’t licensed to perform or use sensitive words without approval.

Benefits of incorporating a LLC company in Texas

1. No Personal Income Tax:
   • Texas is one of the states without a personal income tax. This can be beneficial for LLC members as their profits are only taxed at the federal level, not state, providing a tax advantage.
2. No Annual Reports Required for LLCs:
   • Unlike some states, Texas does not require LLCs to file an annual report. However, LLCs must file a Public Information Report (PIR) and possibly a franchise tax report annually, but these are different from the typical annual report requirements.
3. Simplified Process for LLC Formation:
   • The process to form an LLC in Texas is relatively straightforward with the filing of a Certificate of Formation and a fee of $300. The state also provides online filing options, making the process more accessible and quicker.

Conclusion

Checking the availability of your business name in Texas is a crucial step to avoid legal issues and establish a unique brand identity. While the process might seem daunting, especially from afar, utilising online tools provided by the Texas Secretary of State, or making direct inquiries, can streamline the process. Remember, securing a unique and compliant business name is just the beginning of setting up your venture in Texas.

For further assistance or if you’re considering legal registration, consulting with a lawyer specialising in business incorporation can provide additional peace of mind. Whether you’re setting up a local branch or a fully Texas-based operation, ensuring your business name is clear of conflicts is foundational to your business’s legal and marketing strategy.

Related reading:
Check if a company name is available in the UK
How to Check Company Name Availability in Delaware
How to Check Company Name Availability in California