Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Hon. Jay Sam Lsrey

haslstant Iliatrlct Attorney I/ San Antonfo, Texas ibar Sir:

Opinion Ho. O-7*5 *4 Be: Reatsslty of reglstr the as~sme statute. sr

This ~111 a t oi.your atter v of April 2S, ior UQ oplnlorl or or not the of this Departa use ai th@ foil UnQ r4qulrM thsusersthsre USmlnaQ nune etu- of ths.s sh tutr

1, ion (owned 8~6 opaa- taQ by XugeQ

Mruk6t (4nmeul~ uml oporakd and o&iteQ by JO&I Statutes oi Texas, shall aonduot or trausaat State andor any amnmeQ name otyle, y deshpation rwiae othdr &an t&e real nume of eaah mxkdaating QC transt lndivldttel aoting suoh buslnese, unless suoh perrrcn shall file in the oitioe of the oounty clerk of the counties In uhloh suah parson eonducts, or trm!wuo%~ or lntenba kr &ndrlat truQM4ot suoh business, a certificate setting forth the name under which auoh bus.afukss Is-, or is

Hon. Jay Sam Lavey, Kay 9, 1939, Page 2

to be, condwted qrftransactsd, and the true full nme or n&-es of each person conducting or transacting the sane, with the post-offloe address of each. Said ccrtlficate shall be ~executed and duly acknowledged the persons so conduotizq or intendins to cond:lot said business in the manner provided for acknowlaig- ment of conveyanae 0r real estate." hrtic1.e 1067 and 1070, Penal Code of Texas 1925, couatitute the penal provielone ror the violation of Artiale 5924, supra.

A aareful examination of the authorities does not reveal that our Texas courfis have established anj rule for the determlnatlon of what constitutes a vlola- tion .of .the assumed name law.

The oourts In construing statutes sisilar to th6 &as statutes have looked to,the leglslatlve Intent bo- %ind the passage of Push etatutmb The Court of Appeals

of Xentuoky In the Case oS Warrea Oil dr Gas Company VS. Gurdmr, 212 SW 455, says:

*The objeot of the 8tatute is to ena@le the public, as wll as those rho deal. with the eonaern, to asoertain definitely who Is the person or persons behind the.buslness in ease litigation arimm. The statute 18 a part of the public polig OS the state and aas in- ",;;;fap proteot and sais@lard the rights of. .-

This statcnnent ~of the purpose ot a similar sta- tut6 was likewise announoed ln the aase of Aame Drilling company ‘~8. Goman 011 Syndioate, 249 ITIf 1003.

The aourt said or a slmllar statute of Montana In the case of Canonioa vs. St. George, 208 Pao. 609:

*The objeot of the statute Is to prohibit persons from conoealing their ldetity in their business transactions under the cloak or assumed or fiotitious nsmes; If the identity is not dis- closed In the name or designation employed. then it must be disclosed in the publio reaord pro- vided r0r that purpose."

Hon. Jay Sam Levey, Cay 9, 1939, Page 3

The public, in dealing with a corporation, can ascertain the netura o1 + the ornanlsatlon and can obtain sufilclent data with respect to the parties who compose it upon which to predicate a suit inquiry of the Secre- tary or State. The Legislature, In Its wlddom, passed the assumed na?e law for the purpose of requiring all individuals and or@nizatl@ns, other then coyporatlons, to rile Information reflectln(: the ownershi? thereof with the county clerk of the county in whlah such Individual or organizations conduct business, in the event they oper- ate under any but *the real name of eaoh lndl~ldual.~

The test of whether or not the assumed nuwa mde the basis of your lnqulry must be reglstetred a6 re- quired by Article 5924, aupra, must be whether or sot the names as adopted sre auiricient to t the publla upon nothe as to the party or partlea Am th whom they are dealin& CALI the public be required to walk into one these p&Soea or buslaeaa and inquire as to the true owner6 thartif be&ore being able to mert &mm eaua~ at aotion? In so doing, what asaursnee does the pub110 have that they ere befog furnlahed the oorreat lnformstion? The answer la apparent that the publia hsa the right to 6Mk anad obtain lnformstion from aow reliable aouroe 66 to the owner~.of~a buslneas *th whleh It does buaine66.

It is therefore, the opinion oS thla Impartmutt am3 yun sre 60 advised that none or the names aubmltted are anfficient to put the pub118 upon notioe as to the true owners thereof and each should be reg%stered under the~provislons 0r Artiole 5924, anpra.

Trusting that this auffiolently snawers your inquiry, we are

very truly yours LA:AW