Sec. 5.053. DISTINGUISHABLE NAMES REQUIRED. (a) The name of a filing entity or registered series of a domestic limited liability company or the name under which a foreign filing entity registers to transact business in this state 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;
(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;
(5) a name that is registered under Subchapter D; or
(6) the name of another existing registered series of a domestic limited liability company.
Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 3
(b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved or registered, as appropriate, provides to the secretary of state a notarized written statement of the entity's or person's consent to the use of the name.
Text of subsection as amended by Acts 2017, 85th Leg., R.S., Ch. 74 (S.B. 1517), Sec. 2
(b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved or registered, as appropriate, provides to the secretary of state a notarized written statement of the entity's or person's consent to the use of the similar name. Sections 4.007 and 4.008 apply to a written consent to the use of a similar name under this subsection to the same extent those sections apply to filing instruments.
Text of subsection as added by Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 3
(c) Subsection (b) does not apply if the secretary of state determines that the names are the same.
Acts 2003, 78th Leg., Ch. 182 (H.B. 1156), Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1195 (S.B. 1313), Sec. 1, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 74 (S.B. 1517), Sec. 2, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 3, eff. June 1, 2018.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 15, eff. June 1, 2022.
Structure Texas Statutes
Chapter 5 - Names of Entities; Registered Agents and Registered Offices
Subchapter B. General Provisions Relating to Names of Entities
Section 5.052. Unauthorized Purpose in Name Prohibited
Section 5.053. Distinguishable Names Required
Section 5.055. Name of Limited Partnership or Foreign Limited Partnership
Section 5.056. Name of Limited Liability Company or Foreign Limited Liability Company
Section 5.0561. Name of Registered Series of Limited Liability Company
Section 5.057. Name of Cooperative Association or Foreign Cooperative Association
Section 5.058. Name of Professional Association or Foreign Professional Association
Section 5.061. Name Containing "Lotto" or "Lottery" Prohibited
Section 5.062. Veterans Organizations; Unauthorized Use of Name
Section 5.063. Name of Limited Liability Partnership
Section 5.064. Name Falsely Implying Governmental Affiliation Prohibited