Texas § BO.5.053 - DISTINGUISHABLE NAMES REQUIRED
Full text of Texas The Texas Constitution § BO.5.053 — DISTINGUISHABLE NAMES REQUIRED, with citation guidance and answers to common questions.
§ BO.5.053. DISTINGUISHABLE NAMES REQUIRED
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.
Frequently Asked Questions About Texas § BO.5.053
What does The Texas Constitution § BO.5.053 cover?
Section BO.5.053 ("DISTINGUISHABLE NAMES REQUIRED") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § BO.5.053?
A common citation format is "The Texas Constitution § BO.5.053" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § BO.5.053 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.