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SOSDirect - Online Searching and Filing
Online Searching and Filing

"Distinguishable in the Records" Standard for Entity Names

Under the new entity name standards, the name of a domestic filing entity or the name under which a foreign filing entity registers to transact business in Texas 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 of the BOC;
  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 of the BOC; or
  5.  a name that is registered under Subchapter D of the BOC.

The Secretary of State may not accept a name that is the same. However, a name that meets certain conditions outlined in 1 TAC §79.40 may be accepted if written notarized consent for use of the name is submitted with the filing.