Question:  Our new account checklist for business accounts includes getting an assumed name certificate.  We are getting push back from some customers.  Help!
 
Answer:  The assumed name certificate is only needed if the customer is using an assumed name.  An "assumed name" is something other than the legal name for a corporation.  For sole proprietors, partnerships, and joint ventures, it is a name that does not include either the legal name or surname of each party.  Also, for these, if the name includes a term like "company, & associates, & brothers, & sons" (which implies other parties), then it is an assumed name.  So, "Molly Smith's Diner" is not an assumed name but "Molly's Diner", which doesn't include her surname would be an assumed name.
 
Question:  The county clerk no longer has sample assumed name certificates.  Is there a form that customers could use?
 
Answer:  Yes.  Remember that neither the county clerk nor the bank should be giving legal advice.  However, there is a form promulgated by the Secretary of State.  Go to: http://www.sos.state.tx.us/corp/forms/503_boc.pdf  Some of the blocks are only relevant for a corporation.