TDCAA Community
assumed name certificates

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September 29, 2004, 11:48
Debra Mergel
assumed name certificates
My county clerk has run out of forms for assumed names. She had mentioned what a pain it was, since the public often sought the assistance of her clerks in filling out the forms, wanted to fill out the forms at the SMALL counter area, etc. I asked why she provided them in the first place, was she required to?? The forms must be filed with the county clerk, but I find nothing that requires her to provide the forms.

Several people have asked for forms lately; her office has advised that perhaps an attorney's office could help. I have located an Internet site with a blank form. What do you think about suggesting the site to the public?? Any other ideas about this?

Thanks!
September 29, 2004, 15:29
Lisa Peterson
My clerk's office is always being asked for forms - deeds, wills, POAs, and the like. At my recommendation, her stock answer is to send the individual to his / her private attorney. When they ask about the availability of blank forms on the internet or with legal software, she again recommends that they contact their attorney.

Our reason for this is that I don't want her to have the liability of having recommended something that may backfire later. If you recommend a site for a particular form, I think you are opening the door to a major headache, and conceivably some liability.
September 29, 2004, 15:36
Ray
Section 36.16 of the Texas Business and Commerce Code provides that the Secretary of State proscribes the form for an assumed name certificate. So you might be able to refer to their website since it might be the definitive source for such a filing.
September 29, 2004, 16:00
Debra Mergel
Thanks, y'all. The SOS site includes forms that must be filed with the SOS, but states specifically that they do not meet the requirements for filing with the County Clerk.