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How to Check If an LLC Name Is Available in Texas

Last verified: November 1, 2026 · Sources are cited at the bottom of this page.

The short answer

Short answer: Texas splits business records between two agencies. The free search most people use is the Comptroller's Franchise Tax Account Status Search, while the Secretary of State's own search costs $1 and requires an account. The trap: the free search never sees name reservations, so it cannot truly clear a name. Only the Secretary of State gives availability answers, and those are preliminary.

The official search

Texas has two official places to look, run by two different agencies:

1. Texas Comptroller — Franchise Tax Account Status Search - URL: https://comptroller.texas.gov/taxes/franchise/account-status/search - Cost: Free - Login: None

Despite the tax-related name, this is the public entity lookup most people use. You can search by taxpayer number or EIN, entity name (2–50 characters), or Texas SOS file number. A record shows the legal name, SOS file number, franchise tax account status, registered agent, and officer or manager information reported on the entity's annual Public Information Report.

2. Texas Secretary of State — SOSPortal - Cost: $1.00 per search - Login: Yes — an SOSPortal account with multi-factor authentication is required

SOSPortal launched on September 29, 2026, replacing both SOSDirect and SOSUpload, so older guides describing SOSDirect are out of date. The Secretary of State holds the authoritative filing records. The $1 search fee is waived if you place an order, such as copies or a certificate, on the results.

Step by step

  1. Start with the free Comptroller search. Enter your proposed name without "LLC." The search is reported to behave like a starts-with lookup, so also try shorter versions and spelling variations of the name.
  2. Review every close match. Note each entity's status. Remember this tool covers franchise tax taxpayers only — it does not include name reservations or name registrations, so an empty result does not mean the name is free.
  3. Check the Secretary of State's records with a $1 SOSPortal search by entity name or file number if you want the authoritative filing database.
  4. For an actual availability answer, ask the SOS directly. The Secretary of State gives a preliminary name-availability determination free by phone at (512) 463-5555 or by email at corpinfo@sos.texas.gov.
  5. Do not spend money on the preliminary answer. The SOS itself warns that a preliminary clearance is not final — the real determination happens when your filing is received and processed — and that clearing a name does not protect you from someone else's trademark rights.
  6. Optionally, reserve the name. A Texas name reservation holds a name for 120 days. The reservation fee is reported as $40 — check the current fee schedule before relying on that figure.

Texas's name rules

LLC names are governed by Chapter 5 of the Texas Business Organizations Code (BOC) and the Secretary of State's name rules at 1 Texas Administrative Code, Chapter 79, Subchapter C.

Designator (BOC §5.056). The name must contain "limited liability company" or "limited company," or an abbreviation such as LLC, L.L.C., LC, or L.C.

Distinguishable. The name must be distinguishable in the Secretary of State's records from:

Consent. A name that is similar to an existing name can be used only with the existing holder's notarized written consent (Form 509). A name that is the same as an existing name can never be used — not even with consent.

Prohibited content. The name cannot indicate or imply the LLC is engaged in a business it is not authorized to pursue, and it cannot falsely imply affiliation with a governmental entity.

What the search can't tell you

If the name looks available

File a Certificate of Formation (Form 205) with the Secretary of State through SOSPortal.

Your ongoing obligation is not an annual report. Texas LLCs file no annual report with the Secretary of State. Instead:

FAQ

Is the Texas LLC name search free? The Comptroller's Franchise Tax Account Status Search is free with no login. The Secretary of State's SOSPortal search costs $1.00 per search and requires an account.

Why are there two different Texas searches? The Secretary of State holds the filing records, while the Comptroller administers the franchise tax and publishes its own account-status lookup. Most people find the Comptroller's free tool first, but it is a tax tool, not a name-availability check.

Can I use a name similar to an existing Texas business? Only with that business's notarized written consent (Form 509). An identical name is never allowed, even with consent.

How much does it cost to form a Texas LLC? The state filing fee for the Certificate of Formation (Form 205) is $300.

Do Texas LLCs file an annual report? Not with the Secretary of State. The annual obligation is the franchise tax report and Public Information Report filed with the Comptroller, due May 15 each year.

Sources

Run the check now

Use the workflow tool below — it is pre-set to Texas and builds your printable checklist with the official links.

Name-Check Workflow Tool

Pick your state, choose your entity type, and type the name you want. The tool builds your step-by-step checklist — the official search, the trademark check, the domain check, and your filing options. It runs entirely in your browser; nothing you type is sent anywhere.