| (a) Unless a name change or assumed name has been approved
by the commissioner in accordance with the Act and these rules, a
credit union shall do business under the name in which its certificate
of incorporation was issued.
(b) Subject to the requirements of this rule, a credit
union may adopt an assumed name. The credit union's official name,
however, must be used in all official or legal communications or documents,
which includes account and membership agreements, loan contracts,
title documents (except for vehicle titles, which may also be under
the credit union's assumed name), account statements, checks, drafts,
and correspondence with the Department or the National Credit Union
Administration. The assumed name may also be used in those materials
so long as it is identified as such (e.g. Generic Credit Union dba
GCU). Further, a credit union using an assumed name shall clearly
disclose the credit union's official name when the assumed name is
used on any signs, advertising, mailings, or similar materials.
(c) A credit union shall not use any name other than
its official name until it has received a certificate of authority
to use an assumed business name from the commissioner and has registered
the designation with the Secretary of State and the appropriate county
clerk.
(d) The commissioner shall not issue a certificate
of authority to use an assumed business name if the designation might
confuse or mislead the public, or if it is not readily distinguishable
from, or is deceptively similar to, a name of another credit union
lawfully doing business with an office in this state.
(e) Credit union officials are responsible for complying
with state and federal law applicable to corporate and assumed names.
The Department does not have the power to determine or settle competing
claims to a name under other statutes or under common law. Even though
the Department may have issued a certificate of authority (based on
the above criteria), a credit union could still be infringing on the
naming rights of other parties. In particular, if the name a credit
union selects is similar to a name already protected by state or federal
trademark, a credit union could be forced to stop using the name.
This can also be the case if another entity is already using a similar
name in a related field, even if the entity does not own a state or
federal registration.
(f) Before using an assumed name, a credit union shall
take reasonable steps to ensure that use of the name will not cause
a reasonable person to believe the credit union's different facilities
are different credit unions or to believe that shares or deposits
in one facility are separately insured from those of another of its
facilities.
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| Source Note: The provisions of this §91.205 adopted to be effective May 11, 2000, 25 TexReg 3947; amended to be effective November 16, 2005, 30 TexReg 7433; amended to be effective November 8, 2009, 34 TexReg 7625; amended to be effective November 23, 2017, 42 TexReg 6508 |
