Texas business · updated
Texas LLC names: the Secretary of State’s rules, and how to check yours
Every new Texas LLC needs a name the Secretary of State will accept. Here are the rules in plain English, a free check you can run below, how to search the state’s records now that SOSPortal has replaced SOSDirect, and what it all costs. Every rule links to the official Texas page or rule it comes from.
Runs in your browser against the Texas name rules, then points you to the official searches. Nothing you type is sent to Spark.
En español: cómo abrir una LLC en Texas paso a paso →
The rules at a glance
| Rule | What it means | Source |
|---|---|---|
| The LLC ending | The name must contain “limited liability company” or “limited company”, or an abbreviation of either. “Limited” or “company” alone doesn’t count. | Form 205, 1 TAC 79.37 |
| Distinguishable | It must be distinguishable in the Secretary of State’s records from existing entities, registered foreign entities and their assumed names, registered series, and name reservations or registrations. | SOS FAQ (BOC 5.053) |
| Counts as the same | Differences only in capital letters or typeface, punctuation, periods, spaces or symbols, articles or conjunctions, or repeated or missing letters. | 1 TAC 79.39 |
| Only with consent | Differences only in the ending (LLC vs Inc.), a common abbreviation, singular, plural or possessive, or a city or state name. Consent must be written, signed and notarized; oral consent isn’t accepted. | 1 TAC 79.40–79.42 |
| Distinguishable | At least one different key word, the same key words in a different order, or the same key words in a different language, among others. | 1 TAC 79.38 |
| No government look-alike | The name may not falsely imply governmental affiliation (example given: “Texas Real Estate Commission, Inc.”). | 1 TAC 79.33(a) |
| Insurance and bail bonds | “Insurance” or “surety” need other words showing you’re not an insurer (“insurance agency” is fine). “Bail bond” may not be used. | 1 TAC 79.33(b) |
| Words that need approval | Olympic, Olympiad, Citius Altius Fortius (U.S. Olympic Committee); bank, trust, trust company (Banking Commissioner); college, university (Higher Education Coordinating Board); veteran, legion when the name implies a benefit to war veterans (a veterans organization). | 1 TAC 79.34 |
| Professional LLCs | The name must contain “professional limited liability company” or an abbreviation of it. | Form 206 |
| Offensive names | A name the Secretary of State deems “grossly offensive” is unacceptable. | 1 TAC 79.36 |
| No rights from filing | Preclearance or a filed certificate of formation “does not authorize the use of a name in violation of another person’s rights to the name.” | SOS FAQ |
What “the same name” looks like in practice
Say Lone Star Pools LLC is already on the records. Under the Texas rules (1 TAC 79.38–79.40):
- LONE STAR POOLS, L.L.C. or The Lone Star Pools LLC: the same name (capital letters, punctuation and an article don’t count).
- Lone Star Pool LLC or Lone Star Pools Inc.: available only with Lone Star Pools LLC’s notarized consent (a plural or a different ending).
- Lone Star Pool Service LLC: a different key word, so it can be distinguishable, but the Secretary of State decides when you file.
Texas is clear that a quick answer isn’t the final one: a final determination “cannot be made until the document is received and processed,” so “Do not make financial expenditures or execute documents based on a preliminary clearance” (SOS FAQ).
How to search a name in Texas, step by step
1. Search the Secretary of State’s records in SOSPortal
SOSPortal launched on September 29, 2026 and replaced SOSDirect and SOSUpload, “bringing filing, ordering and searching together” (SOS, Sep 23, 2026). It’s open 24/7, and each search carries a $1 fee (SOSPortal page); the fee isn’t charged when you place an order or filing on the results (fee schedule). Enter through the state’s SOSPortal sign-in page.
2. Or look it up with the Comptroller
The Texas Comptroller’s franchise tax account status search lets you search by entity name (2 to 50 characters), taxpayer number or Secretary of State file number.
3. Ask for a preliminary answer
The Corporations Section gives preliminary name determinations at (512) 463-5555 (7-1-1 for relay) or CorpInfo@sos.texas.gov (SOS FAQ).
4. Check the county too
Sole proprietorships and general partnerships file assumed names with the county clerk, not the state (SOS FAQ), so a local shop may already use your name. Search Google Maps for your town as well.
5. Check federal trademarks and the .com
A Texas filing gives you no rights against a trademark owner. Search the USPTO trademark database and check the web address with Spark’s free name check.
Using a different name: the assumed name certificate (DBA)
- Cost and term: $25 per certificate at the Secretary of State; the term can’t be more than 10 years from filing (SOS FAQ).
- Where: LLCs, corporations and other registered entities file with the Secretary of State; under HB 3609 they no longer also file with a county clerk (SOS FAQ).
- Changes: a change of name, address or business structure needs a new certificate within 60 days; certificates can’t be amended (SOS FAQ).
- No rights: several certificates for the same name can be on file, and the Secretary of State doesn’t decide who has rights to a name (SOS FAQ).
What it costs
| Filing | Fee | Source |
|---|---|---|
| Certificate of formation, LLC (Form 205) | $300 | Form 205, Form 806 |
| Name reservation, 120 days (Form 501) | $40 | Form 806 |
| Assumed name certificate (Form 503) | $25 | Form 806 |
| SOSPortal search | $1 per search (not charged when you order or file from the results) | Form 806 |
| Certificate of fact (status) | $15 | Form 806 |
| Expedited filing (optional) | $50 standard, $500 next day, $750 same day | Form 806 |
| EIN from the IRS | Free | IRS |
| Franchise tax | No tax due when annualized total revenue is at or below the $2,650,000 threshold (2026 and 2027 reports), but you still file a Public Information Report or Ownership Information Report; due May 15 | Comptroller, filing rules |
The IRS: “Beware of websites that charge for an EIN. You never have to pay a fee for an EIN.” Fees from the Secretary of State’s fee schedule (Form 806, revised 09/26) as of October 23, 2026.
Timing and two things that changed
- SOSPortal: since September 29, 2026, filings, orders and searches go through SOSPortal. Client accounts weren’t carried over, and it accepts ACH and credit cards (SOS).
- Delayed start: a certificate of formation can take effect when filed or on a later date up to 90 days from when it’s signed (Form 205 instructions).
- BOI reports: FinCEN says U.S. companies are now exempt from beneficial ownership reporting; the final rule took effect August 14, 2026 (FinCEN).
Picking a name that passes, and works
A name the state accepts still has to work for customers. Make it easy to say on the phone, spell after hearing it once and find on Google. Leave your city out if you might grow past it. Spark’s free name generator gives you starting points with the .com checked, the state-by-state search list covers the other 49 states and DC, and the five free checks guide walks through the rest.
Questions people ask
What does a Texas LLC name have to include?
The words "limited liability company" or "limited company", or an abbreviation of either (Form 205). The Texas name rules add that "limited" or "company" used alone don't identify an LLC. A professional LLC needs "professional limited liability company" or an abbreviation (Form 206).
How do I check if an LLC name is available in Texas?
Search the Secretary of State's records in SOSPortal, which costs $1 a search, or look the name up in the Texas Comptroller's franchise tax account status search. You can also ask the Corporations Section for a preliminary answer at (512) 463-5555 or CorpInfo@sos.texas.gov. The final decision is made only when your filing is processed.
Can I reserve an LLC name in Texas?
Yes. A reservation lasts 120 days and costs $40. You can renew it by filing again in the 30 days before it expires, and there's no limit on how many times a name can be reserved.
How much does it cost to form an LLC in Texas?
The certificate of formation (Form 205) costs $300. Expedited handling is extra: $50 standard, $500 next day or $750 same day. An EIN from the IRS is free.
Do I need an assumed name certificate (DBA)?
If your LLC does business under any name other than its legal name, file an assumed name certificate with the Secretary of State. It costs $25 and can last up to 10 years. LLCs no longer need to file it with the county clerk too.
Does the state's approval give me the rights to the name?
No. The Secretary of State says a preclearance or a filed certificate of formation does not authorize the use of a name in violation of another person's rights to it. Search federal trademarks as well.
Not legal or tax advice. This page summarises official Texas Secretary of State, Comptroller, IRS and FinCEN pages and the Texas name rules as of October 23, 2026. Fees and rules change; confirm with the Corporations Section or an attorney before you file.
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cómo abrir una LLC en Texas (español) · business name search by state · Florida LLC names · free name check · free slogan generator · naming guides by industry
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