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- @063 CHAP 11
-
- ┌───────────────────────────────────────────────┐
- │ ASSUMED OR FICTITIOUS BUSINESS NAMES │
- └───────────────────────────────────────────────┘
-
-
- Using a D.B.A. ("doing business as"), or trade name, also
- referred to in some states as an assumed name or fictitious
- name, is not illegal, or even unethical. In fact, choosing
- a good name for your business can sometimes aid the success
- of your operation significantly. Most states have some
- legal procedure for registering a trade name that will give
- you some protection against another firm usurping your
- trade name, if your business should become successful.
- (Similar provision is often made for state registration of
- trademarks, in addition to federal trademark registration,
- which is valid nationwide, but often fairly expensive to
- attain.)
-
- @CODE: FL
- ┌───────────────────────────────────────────────┐
- │ FICTITIOUS NAME ACT REQUIREMENTS--FLORIDA │
- └───────────────────────────────────────────────┘
-
- If your business uses a name other than your own (or its
- own, in the case of corporation), it is required by law to
- register the name, under the Florida Fictitious Name Act.
- For an unincorporated business, a name is considered to be
- fictitious if:
-
- . it does not contain the surname of the owner or all of
- the general partners, OR
-
- . it suggests the existence of additional owners (by
- including words like "associates," "company," "group,"
- "bros." or "and family").
-
- Your corporation is not considered to be using a fictitious
- name if it does business using its exact corporate name, as
- set forth in its articles of incorporation.
-
- @IF121xx]Thus, if your corporation does business under the exact same
- @IF121xx]name as set forth in its articles of incorporation, no fic-
- @IF121xx]titious name registration will be required under Florida law
- @IF121xx]for @NAME.
- @IF121xx]
- Fictitious business names are required to be registered
- with the Division of Corporations, Secretary of state. For
- the application and procedures for filing fictitious names,
- call:
-
- Miami 305-372-7777
- Tallahassee 904-487-6058
-
- @CODE:EN
- However, in most (but not all) states, there is also a
- state law that REQUIRES that a business operating under an
- assumed name or fictitious name must register, usually at
- the county level, filing a statement as to the true iden-
- tity of the person using the assumed name. An example of
- an assumed name would be "Inter-Galactic Hydrodynamic
- Industries," which would require the owner of that busi-
- ness, who might be named Joe Smith, to register, and, in
- some states, to also publish a fictitious name statement
- in a local newspaper for a few weeks, disclosing his use of
- that trade name. If he chose to simply call his plumbing
- business "Smith's Plumbing," using his own last name, most
- states would not consider that a fictitious name, and no
- registration or publication of a fictitious name statement
- would be required.
-
- @CODE: NM
- (NOTE: New Mexico has no law requiring a business to file
- an assumed or fictitious name statement, unlike most other
- states.)
-
- @CODE:EN
- @CODE: LS
- In @STATE, use of a fictitious name gets you hauled
- in front of a firing squad, which is that part of the
- legal system which comes immediately after any trial in
- @STATE.
-
- @CODE:EN
- @CODE: CA
- @CODE:NF
-
- ┌───────────────────────────────────────────────┐
- │ FICTITIOUS NAME REQUIREMENTS--CALIFORNIA │
- └───────────────────────────────────────────────┘
-
- California's fictitious business name law requires anyone
- transacting business for profit in the state under a ficti-
- tious business name to file and publish a fictitious busi-
- ness name statement. In the case of a sole proprietorship
- or partnership, a business name is considered to be ficti-
- tious unless it contains the name of the owner or all the
- general partners and does not suggest the existence of ad-
- ditional owners. Thus, for example, a name that includes
- "company," "Bros.," "& Associates" or "& Sons" will suggest
- the existence of additional owners and will be considered a
- fictitious business name. A corporation is not considered
- to be using a fictitious name unless it does business under
- a name other than the exact corporate name set forth in its
- articles of incorporation.
-
- Where a fictitious business name is being used, a fictiti-
- ous business name statement must be filed within 40 days
- with the county clerk of the county where the firm has its
- principal place of business in the state of California.
- Most county clerks will provide you with a copy of this
- form for free--however, there is a $10 filing fee.
-
- Also, within 30 days after you file the statement with the
- county clerk, it must be published in a newspaper of gener-
- al circulation in the same county and an affidavit showing
- that it was published must be filed with the county clerk
- not later than 30 days after the last date of publication
- of the notice. Many legal newspapers in the state will
- provide the form for filing, publish the notice and file
- the affidavit, all for a single relatively modest fee.
-
-
-