LLC Name Reservation Requirements in Texas

At a glance

Requirements one by one

Applicant and covered name

Tex. Bus. Orgs. Code § 5.101(a) says “Any person” may file a name-reservation application with the Secretary of State. Chapter 5’s reservation rules cover entity names generally, including names compared against registered series. The LLC designator is governed by § 5.056; § 5.0561 separately specifies a “registered series” or RS designator for a registered-series name.

Availability, consent, and court judgment

Section 5.102(a) permits reservation only if the name is distinguishable in the Secretary of State’s records from six categories: existing filing entities, registered foreign filing entities, their filed fictitious names, reserved names, registered names, and existing registered-series names. Subsection (b) permits a notarized written consent from the other holder for a subsequent reservation; subsection (c) removes that exception when the Secretary determines the names are the same. Separately, § 5.002 permits acceptance of an otherwise indistinguishable name on a certified final court judgment establishing the applicant’s right to it.

Application and fees

Under § 5.101(b), the application must carry the required fee and be signed by the applicant or an agent or attorney. Section 5.103 refers to the name specified in the application and requires the Secretary of State to reserve an eligible name for the applicant’s exclusive use. Section 4.151(2) sets the application fee at $40; subsection (3) sets the transfer-notice fee at $15. Section 5.105 requires a new reservation application and its fee for renewal, so the $40 application charge applies again. The separate $40 fee in § 4.151(4) concerns renewal of a name registration, a different filing.

Term, renewal, and withdrawal

Under § 5.104, the Secretary of State holds the name until the earlier of the 121st day after the application is accepted for filing or the date the applicant files written notice of withdrawal. Under § 5.105, the holder may renew for successive 120-day periods by filing a new application and paying its fee during the 30-day period preceding expiration. Under § 5.1041, the Secretary of State may not charge for the written withdrawal notice.

Transfer

Under § 5.106, transfer requires a filed notice signed by the person for whom the name is reserved. The notice must state the transferee’s name and address. The $15 fee in § 4.151(3) applies to that transfer notice.

What trips people up

The two $40 entries in § 4.151 are easy to confuse: subsection (2) prices an application for reservation or registration, including a new reservation application under § 5.105; subsection (4) prices renewal of registration. A reservation’s earlier end event can be a voluntary, free written withdrawal, and a transfer must be filed rather than merely agreed privately. Section 5.001(a) also says a name reservation does not authorize use that violates another person’s federal trademark, Texas statutory, or common-law right.

Common questions

Does a court judgment ever overcome the distinguishability test?

Section 5.002 allows the Secretary of State to accept an indistinguishable name when the applicant delivers a certified copy of a final judgment establishing the right to that name in Texas. That is separate from the notarized-consent route in § 5.102.

Can the same name be held continuously by renewing?

Section 5.105 allows successive 120-day renewal periods if the holder files a new application and pays the fee during the last 30 days of the current period. The application remains subject to the Secretary of State’s eligibility determination under § 5.103.

Statutes and sources

The current official Texas Business Organizations Code Chapter 4 supplies § 4.151’s fees. Chapter 5 supplies §§ 5.001-.002, 5.056-.0561, and 5.101-.106 for other-law rights, designators, application, availability, term, withdrawal, renewal, and transfer. Both were accessed September 22, 2026; the exact quoted text is recorded above.