HB3609 (Relating to the filing of an assumed name certificate by certain business entities.) Incorporated Assumed Names will no longer be recorded locally in the County Clerk’s office; they are to be filed in the office of the secretary of the state only.
Assumed Name Certificate
Each person who regularly conducts business or provides professional services in Cameron County must file an assumed name certificate (also known as “DBA”) with the County Clerk so that a record of the business is available. Most banks require an assumed name certificate to open a business bank account. It is necessary to obtain an assumed name certificate in every county where business will be conducted. An applicant may conduct business under multiple assumed names, but each name must be filed separately.
An assumed name is not a business license. Contact City Hall in the city in which business is to be conducted to find out if a business license is required in that city.
Assumed Names are indexed by business name and cross indexed by owner’s name.
Note: If an entity is conducting business or offering services as a Corporation, LLC, LP, LLP, Professional Association, Foreign Filing Entity, an assumed name certificate must be filed with the Texas Secretary of State as well as with the County Clerk.
Filing an assumed name is filing a public notice. It is not a copyright, trademark or incorporated right of ownership. Duplicating a business name is discouraged, but the County Clerk’s Office cannot prevent it.
Duration of Certificate
The Assumed Name Certificate (DBA) shall be effective for a term not to exceed ten years from the date the certificate is filed and may be renewed by filing a new certificate within six months of the expiration of the original certificate. (TBCC ∫ 71.151)
A registrant who has filed an Assumed Name Certificate with the Cameron County Clerk’s Office, who ceases to conduct business or render professional services under that name, may file a Certificate of Abandonment of Assumed Name. A person who wishes to withdraw his interest from a business may file a Withdrawal from Business Operating under Assumed Name Certificate.
Steps to register an Assumed Name / Abandonment in Cameron County
1. Determine if the name you wish to use is available. It is your responsibility to fully investigate the name you wish to use, which may include more than a search of the records maintained by our office. Cameron County records can be searched in person in our office or online at https://cameron.tx.publicsearch.us/
Note: Failure to find a name in our records does not necessarily mean that the name is available. The Cameron County Clerk accepts no responsibility for search parameters chosen by the applicant or the accuracy or completeness of searches performed.
2. Complete the certificate form, which is available as a PDF download or at the County Clerk’s office. Note: The County Clerk staff does fill out any forms, and does not provide legal advice or opinions. You may obtain more information about assumed names from the Texas Business and Commerce Code.
3. Certificates must be either notarized or acknowledged before they can be filed. While we cannot provide notary services, we can officially acknowledge the certificate. There is a $5.00 charge for this service and the signer must be present with proof of identity and age using documents approved by state law. These may include, a driver’s license or state issued identification card, or an approved document issued by Texas or another state, the United States, or a foreign government (i.e., passport, visa, military identification, etc.). We will only acknowledge certificate forms provided by our office not those generated by customers.
4. Pay the filing fee of $33.00 plus an extra $0.50 for each additional owner’s name listed after the first. We accept cashier’s check, money orders, checks and cash as form of payment. Make any checks and/or money orders payable to “Cameron County Clerk”. You may use credit or debit cards with an additional processing fee of $5.95.
5. Once the certificate is recorded and scanned, it will be returned immediately to the person who filed it along with the receipt.