2023 Texas Statutes › Business and Commerce Code › Title 5 - Regulation of Businesses and Services › Subtitle A - General Practices › Chapter 71 - Assumed Business or Professional Name › Subchapter A. General Provisions › Section 71.002. Definitions

Sec. 71.002.  DEFINITIONS.  In this chapter:
(1)  "Address" means:
(A)  a post office address; and
(B)  a street address, if the street address is not the same as the post office address.
(2)  "Assumed name" means:
(A)  for an individual, a name that does not include the surname of the individual;
(B)  for a partnership, a name that does not include the surname or other legal name of each joint venturer or general partner;
(C)  for an individual or a partnership, a name, including a surname, that suggests the existence of additional owners by including words such as "Company," "& Company," "& Son," "& Sons," "& Associates," "Brothers," and similar words, but not words that merely describe the business being conducted or the professional service being rendered;
(D)  for a limited partnership, a name other than the name stated in its certificate of formation;
(E)  for a company, a name used by the company;
(F)  for a corporation, a name other than the name stated in its certificate of formation or a comparable document;
(G)  for a limited liability partnership, a name other than the name stated in its application filed with the office of the secretary of state or a comparable document;
(H)  for a limited liability company, a name other than the name stated in its certificate of formation or a comparable document, including the name of any protected series of the limited liability company established by its company agreement if the name of the protected series does not include the name of the limited liability company stated in the limited liability company's certificate of formation or a comparable document; and
(I)  for a registered series of a domestic limited liability company, a name other than the name stated in its certificate of registered series.
(3)  "Certificate" means an assumed name certificate.
(4)  "Company" means a real estate investment trust, a joint-stock company, or any other business, professional, or other association or legal entity that is not incorporated, other than a partnership, limited partnership, limited liability company, registered series of a limited liability company, limited liability partnership, or foreign filing entity.
(5)  "Corporation" means:
(A)  a domestic or foreign corporation, professional corporation, professional association, or other corporation; or
(B)  any other business, professional, or other association or legal entity that is incorporated.
(6)  "Estate" means a person's property that is administered by a representative.
(6-a)  "Foreign filing entity" means an entity formed under the laws of a jurisdiction other than this state that registers or is required by law to register with the secretary of state to conduct business or render professional services in this state under Chapter 9, Business Organizations Code.
(7)  "Office" means, for a person that is not an individual, the person's principal office in this state or outside of this state, as applicable.
(8)  "Partnership" means a joint venture or general partnership other than a limited partnership or a limited liability partnership.
(9)  "Person" includes an individual, partnership, limited partnership, limited liability company, registered series of a limited liability company, limited liability partnership, company, corporation, or foreign filing entity.
(10)  "Registrant" means a person who has filed, or on whose behalf there has been filed, a certificate under this chapter or other law.
(11)  "Representative" means a trustee, administrator, executor, independent executor, guardian, conservator, trustee in bankruptcy, receiver, or other person appointed by a court or by trust or will to have custody of, take possession of, have title to, or otherwise be empowered to control the person or property of any person.
Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 62, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 312 (H.B. 1624), Sec. 1, eff. September 1, 2013.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 4, eff. June 1, 2022.
Acts 2023, 88th Leg., R.S., Ch. 27 (S.B. 1514), Sec. 1, eff. September 1, 2023.