OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Hon. Jay Sam Lsrey 

haslstant Iliatrlct Attorney 

San Antonfo, Texas 

ibar Sir: I/ 

Opinion Ho. O-7*5 *4 Be: Reatsslty of reglstr 

the as~sme statute. sr 

This ~111 a 

of April 2S, 

of this Departa 

use ai th@ foil 

thsusersthsre 

tutr of ths.s sh 

1, 

taQ by XugeQ 

t oi.your v atter 

ior UQ oplnlorl 

or or not the 

UnQ r4qulrM 

USmlnaQ nune etuion (owned 8~6 opaaMruk6t (4nmeul~ uml oporakd 

and o&iteQ by JO&I 

Statutes oi Texas, 

shall aonduot or trausaat 

State andor any amnmeQ 

y deshpation name otyle, 

rwiae othdr &an t&e real 

nume of eaah lndivldttel mxkdaating QC transt 

aoting suoh buslnese, unless suoh perrrcn shall 

file in the oitioe of the oounty clerk of the 

counties In uhloh suah parson eonducts, or 

trm!wuo%~ or lntenba kr &ndrlat or truQM4ot 

suoh business, a certificate setting forth 

the name under which auoh bus.afukss Is-, or is 
Hon. Jay Sam Lavey, Kay 9, 1939, Page 2 

to be, condwted qrftransactsd, and the true 

full nme or n&-es of each person conducting 

or transacting the sane, with the post-offloe 

address of each. Said ccrtlficate shall be 

~executed and duly acknowledged by the persons 

so conduotizq or intendins to cond:lot said 

business in the manner provided for acknowlaigment of conveyanae 0r real estate." 

hrtic1.e 1067 and 1070, Penal Code of Texas 

1925, couatitute the penal provielone ror the violation 

of Artiale 5924, supra. 

A aareful examination of the authorities does 

not reveal that our Texas courfis have established anj 

rule for the determlnatlon of what constitutes a vlolation .of .the assumed name law. 

The oourts In construing statutes sisilar to th6 

&as statutes have looked to,the leglslatlve Intent bo- 

%ind the passage of Push etatutmb The Court of Appeals 

of Xentuoky In the Case oS Warrea Oil dr Gas Company VS. 

Gurdmr, 212 SW 455, says: 

*The objeot of the 8tatute is to ena@le 

the public, as wll as those rho deal. with 

the eonaern, to asoertain definitely who Is 

the person or persons behind the.buslness in 

ease litigation arimm. The statute 18 a part 

of the public polig OS the state and aas in- 

",;;;fap proteot and sais@lard the rights of. 

.- 

This statcnnent ~of the purpose ot a similar statut6 was likewise announoed ln the aase of Aame Drilling 

company ‘~8. Goman 011 Syndioate, 249 ITIf 1003. 

The aourt said or a slmllar statute of Montana 

In the case of Canonioa vs. St. George, 208 Pao. 609: 

*The objeot of the statute Is to prohibit 

persons from conoealing their ldetity in their 

business transactions under the cloak or assumed 

or fiotitious nsmes; If the identity is not disclosed In the name or designation employed. then 

it must be disclosed in the publio reaord provided r0r that purpose." 
Hon. Jay Sam Levey, Cay 9, 1939, Page 3 

The public, in dealing with a corporation, can 

ascertain the netura o1 +the ornanlsatlon and can obtain 

sufilclent data with respect to the parties who compose 

it upon which to predicate a suit by inquiry of the Secretary or State. The Legislature, In Its wlddom, passed 

the assumed na?e law for the purpose of requiring all 

individuals and or@nizatl@ns, other then coyporatlons, 

to rile Information reflectln(: the ownershi? thereof with 

the county clerk of the county in whlah such Individual 

or organizations conduct business, in the event they operate under any but *the real name of eaoh lndl~ldual.~ 

The test of whether or not the assumed nuwa 

mde the basis of your lnqulry must be reglstetred a6 required by Article 5924, aupra, must be whether or sot the 

names as adopted sre auiricient to t the publla upon 

nothe as to the party or partlea Am th whom they are 

dealin& CALI the public be required to walk into one 

or these p&Soea or buslaeaa and inquire as to the true 

owner6 thartif be&ore being able to mert &mm eaua~ at 

aotion? In so doing, what asaursnee does the pub110 have 

that they ere befog furnlahed the oorreat lnformstion? 

The answer la apparent that the publia hsa the right to 

6Mk anad obtain lnformstion from aow reliable aouroe 66 

to the owner~.of~a buslneas *th whleh It does buaine66. 

It is therefore, the opinion oS thla Impartmutt 

am3 yun sre 60 advised that none or the names aubmltted 

are anfficient to put the pub118 upon notioe as to the 

true owners thereof and each should be reg%stered under 

the~provislons 0r Artiole 5924, anpra. 

Trusting that this auffiolently snawers your 

inquiry, we are 

very truly yours 

LA:AW