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Filing a Texas DBA is not a one-time event. Every Assumed Name Certificate has a built-in expiration date, and certain business changes can require you to re-file even before that date arrives. Understanding how long your certificate lasts, what triggers a new filing obligation, what happens when a certificate lapses, and how to formally cancel a DBA you no longer use are essential to maintaining continuous legal compliance for your Texas business.

The 10-Year Rule: How Long a Texas DBA Lasts

Under Tex. Bus. & Com. Code ยง 71.155, every Assumed Name Certificate filed in Texas โ€” whether with a county clerk or the Secretary of State โ€” must include a stated term or duration. That duration cannot exceed 10 years from the date the certificate is filed.

When you complete your Assumed Name Certificate, you choose the duration. Your options are:

• The full 10 years โ€” the maximum allowed; the certificate expires exactly 10 years from the filing date
• A specified number of years less than 10 โ€” for example, 3 years or 5 years
• A specific end date โ€” for example, a particular calendar date within the next 10 years

Most businesses select the full 10-year term to minimize administrative burden. However, if you know your use of the assumed name is temporary โ€” for example, for a specific project, a short-term event, or a business you plan to wind down โ€” a shorter duration may be appropriate.

What Happens When a Texas DBA Expires

When an Assumed Name Certificate reaches the end of its stated term, it expires automatically. There is no grace period, no automatic renewal, and no notice sent to you by the county clerk or Secretary of State. The certificate simply stops being valid on its stated expiration date.

The consequences of expiration are significant:

• Loss of lawsuit standing: Under Tex. Bus. & Com. Code ยง 71.201(a), a business whose certificate has lapsed cannot maintain a lawsuit in Texas courts arising from contracts entered under the assumed name โ€” until a new, valid certificate is filed. This means you cannot sue a non-paying client, enforce a contract, or pursue a business dispute under the assumed name until you come back into compliance.
• Banking complications: Banks may flag or freeze accounts when they discover a DBA certificate has expired during routine due diligence, particularly during account reviews or when processing loans.
• Business transaction delays: Real estate closings, government contracting, and professional license renewals that require a certificate of good standing may be delayed or blocked by a lapsed DBA.
• The name is not reserved: Once your certificate expires, your assumed name is not protected or reserved. Another business could immediately file a certificate for the same name in the same county or with the Secretary of State.

"Renewal" in Texas: What It Actually Means

Texas does not have a traditional "renewal" process for Assumed Name Certificates. Unlike a driver's license or a business license, there is no form to submit that extends an existing certificate's validity. Instead, to continue using an assumed name after your current certificate expires โ€” or is about to expire โ€” you simply file a brand-new Assumed Name Certificate using the same process as your original filing.

The new certificate:

• Must be filed with the same office as the original (county clerk or Secretary of State, depending on your entity type)
• Requires the same form, fees, and โ€” for county filers โ€” notarization
• Starts a new term of up to 10 years from the new filing date
• Does not need to reference the prior certificate โ€” it stands independently

Material Changes: The 60-Day Re-Filing Requirement

Even if your certificate has not yet reached its expiration date, Texas law may require you to file a new one if certain information on the certificate becomes inaccurate. Under Tex. Bus. & Com. Code ยง 71.152, an assumed name registrant must file a new certificate within 60 days after any event that causes the information in the current certificate to become materially misleading.

What Counts as a Material Change?

The statute does not exhaustively define every possible material change, but the Texas Secretary of State and legal practice recognize the following as triggering events:

• Change in the registrant's legal name โ€” for example, an individual owner who legally changes their name, or a business entity that amends its legal name
• Change in the registrant's address โ€” including a change in the principal office address or home address of an individual registrant
• Change in the form or structure of the business โ€” converting from a sole proprietorship to an LLC, from a general partnership to an LP, or any other change in entity type
• Change in ownership โ€” in some circumstances, a significant change in the ownership of the business may make the certificate materially misleading
• Change in the counties of operation โ€” if an incorporated entity is now conducting business under the assumed name in counties not listed on its existing state-level certificate

There Is No Amendment Process

Texas law does not provide a mechanism to amend or correct an existing Assumed Name Certificate. If information on the certificate has changed or was incorrect at the time of filing, the only remedy is to file an entirely new certificate โ€” paying the applicable filing fee again. This applies to errors too: if you misspelled the assumed name or entered the wrong address, you must file a new certificate to correct it.

What to Do If Your Texas DBA Has Already Lapsed

If you discover that your Assumed Name Certificate has expired โ€” whether recently or long ago โ€” the path forward is straightforward: file a new certificate as soon as possible.

1. Determine the correct filing venue. Use the same venue as your original filing โ€” county clerk for sole proprietors/partnerships, Secretary of State for LLCs and corporations. If your entity type has changed since the original filing, use the venue appropriate for your current entity type.
2. Obtain the correct current form. Do not reuse old forms. Download the current form from the Travis County Clerk website or the Texas Secretary of State website.
3. Complete, sign, and notarize the new certificate. Follow all current requirements โ€” including notarization for county filings.
4. Submit and pay the current filing fee. Fees apply as if for a new filing โ€” there is no reduced-fee reinstatement option.
5. Retain the new file-stamped certificate. Once filed, your right to maintain lawsuits under the assumed name is restored going forward.

Abandonment: How to Formally Cancel a Texas DBA

If you decide to stop using an assumed name โ€” because you are closing the business, rebranding, or simply no longer operating under that trade name โ€” you have the option to formally abandon the certificate before it expires. This is called filing a Statement of Abandonment or Certificate of Abandonment.

Abandonment is optional, not required. Letting a certificate expire naturally is legally permissible. However, formally abandoning a certificate you are no longer using serves several practical purposes:

• It keeps public records accurate and up to date
• It removes any potential confusion for creditors, customers, or courts about whether the business is still operating
• It can avoid complications if you later want to use a different assumed name or operate a new business

How to Abandon a State-Level Certificate (Form 504)

For assumed name certificates filed with the Texas Secretary of State, abandonment is filed using Form 504 โ€” Statement of Abandonment of Use of Assumed Name. This form is available on the SOS website at sos.texas.gov/corp/forms. File Form 504 with the Secretary of State in the same manner as Form 503 โ€” by mail, in person, or online via SOSDirect. The filing fee for Form 504 is currently $15.

How to Abandon a County-Level Certificate

For assumed name certificates filed with a county clerk, the abandonment form varies by county. In Travis County, the form is titled Certificate of Abandonment of Use of Assumed Business or Professional Name, available from the Travis County Clerk's Recording Division. Submit the completed form to the same county clerk's office where the original certificate was filed.

Abandonment Does Not Protect the Name

Filing a Statement of Abandonment does not reserve the assumed name for future use or prevent another business from immediately using it. Once abandoned, the name is available for anyone else to file. If you plan to use the name again in the future under the same or a new business, there is no mechanism under Chapter 71 to hold it โ€” you would simply re-file a new certificate when ready to use it again.

Withdrawal: Removing One Owner from a Multi-Owner Certificate

For certificates with multiple owners โ€” common in general partnerships โ€” there is an additional option beyond full abandonment. If one owner is departing the business while the business itself continues operating under the same assumed name, that individual owner can file a Withdrawal Notice to remove their name from the certificate without canceling the assumed name for the remaining owners.

This is different from abandonment in an important way: abandonment terminates the entire certificate, while a withdrawal removes only the departing owner. In Travis County, the relevant form is the Withdrawal Notice of Individual Name Associated with Assumed Name Certificate, available from the Travis County Clerk's Recording Division.