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#1606859 - 09/21/11 09:05 PM Inc dba Inc
NewTooBSA Offline
Platinum Poster
Joined: Nov 2005
Posts: 568
Texas
While reviewing new accounts today I came across an account that was opened under ABC Inc dba XYZ Inc.

I find this very unusual that a corporation is doing business as another corporation. What would be some of the concerns with this? We have entity docs for ABC Inc and the assumed name filing but I feel like there should be something further. Do we need to have a Certificate of Formation for XYZ Inc even though it is an assumed name?

These are the type of accounts that drive me nuts. Thanks for any advice you have.

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#1606903 - 09/21/11 11:42 PM Re: Inc dba Inc NewTooBSA
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 78,631
Galveston, TX
From the Texas SOS website:

7.Are there restrictions on the assumed names I can file?

Yes. An entity may not file an assumed name for its exact legal name because this does not meet the definition of an “assumed name.” This is true for both domestic entities and for foreign entities that are required to register with the secretary of state under a fictitious name.

Example: If the legal name of your business is ABC, Inc:

You may not file an assumed name certificate for ABC, Inc.
You may file an assumed name certificate for ABC.
You may file an assumed name certificate for A.B.C., Inc.
You may file an assumed name certificate for Austin Boating Club.

An assumed name certificate is not required to include an organizational identifier such as Incorporated, Inc., LLC, Limited, etc.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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