Tex.
Bus. Orgs. Code Section 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 (Foreign Entities);(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.(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.(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 (Liability for False Filing Instruments) and 4.008 (Offense; Penalty) 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.(c)
Subsection (b) does not apply if the secretary of state determines that the names are the same.
Source:
Section 5.053 — Distinguishable Names Required, https://statutes.capitol.texas.gov/Docs/BO/htm/BO.5.htm#5.053 (accessed Jun. 5, 2024).
