In addition, the following states require the submission of a board resolution approving the use of the forced fictitious name:. A few other states, including Massachusetts and Hawaii, also require the entity to follow the steps needed to use an elective assumed name. How elective assumed names are handled varies greatly from state to state. Here are some of the variations you will see:. If company is transacting business in a county under a name other than its own, and has not filed an optional Trade Name Registration, with the state of Arizona.
Doing business under another name, whether forced fictitious or voluntarily assumed, comes with a great many rules, requirements, and renewal dates to track and manage.
Access our webinar recording below for more guidance on assumed name registration and maintenance:. This content is provided for informational purposes only and should not be considered, or relied upon, as legal advice. P: Place An Order Pay Invoice. Like individuals, business entities can have good reasons for doing business under another name.
Registered companies like corporations, limited liability companies or limited partnerships often do business under another name for one of two common reasons: Registering to do business in another state as a foreign entity but the true name does not meet the requirements of that state.
Voluntarily opting to use another name for business reasons, such as to reflect affiliated brand names. A company that owns several restaurants, for example, may file assumed name certificates to do business under the name of each restaurant. Other reasons may include reflecting an abbreviated version of their true name in common usage or reflecting different names based on divisions or different locations.
Forced Fictitious Name Requirements Forced fictitious names are usually listed right on the qualification documents. Voluntary Assumed Name Requirements How elective assumed names are handled varies greatly from state to state. Here are some reasons why your business might need another name:. An assumed name is a fictitious business name. Whenever you present your business under a name other than its formal legal name, you are required to register the assumed name. Your business should include its legal name and its assumed name in contracts.
Just because your business has filed an assumed name does not mean that other people or companies are precluded from using that name. Topics: Legal.
Learn what banks are looking for when they prepare to make loans. Our guide covers what business owners need to know when they prepare to borrow. Your registration is probably only good for a certain period of time. Exactly how long your fictitious name registration lasts depends on the state where your business is located. Five years or less is a common timeframe. Re-registration requirements and filing fees for fictitious name renewals vary by state as well.
An assumed business name could potentially solve certain problems for your business. Yet there are limitations you should understand. Skipping this step could result in serious consequences, like civil or criminal fines and personal liability for business contracts.
Not sure whether you should file for an assumed business name or register for a new, separate business entity with your state? Talk to a trustworthy business attorney for legal advice on your personal situation.
To avoid doing business under only one partner's name, or under both names, partnerships often file DBA names with their state, county, city, or town government offices. If you manage a partnership that operates under a DBA, you will need to register your DBA with the appropriate government office.
Call us to learn more about registering your business name today. Some state and local government offices refer to a DBA as a "trade name" or "assumed name," since these names usually reflect the company's line of business more accurately than its legal name. Let incorporate.
Corporations often file DBAs for additional business names. A corporation might file a DBA to market a new product or service under a unique name. In other cases, corporations simply operate under more than one name. If your corporation will use a DBA in its home state or any other state, it must register the DBA with the appropriate government office at the state, county, city, or town level.
We can help your corporation register a DBA name today. In many states, more than one business can file the same DBA name at the local level. However, a DBA cannot include a corporate indicator such as "Inc.
There is no limit to the number of DBA names you can register. You can file as many DBAs as your business needs. If you own a corporation or LLC, incorporate. If you conduct business as a sole proprietor or partnership, our services depend upon the location of your business.
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