Software of the Month Club 1997 March/Software of the Month Club 1997 March.iso/pc/dos/lg/sba/f207.sbe

Text File | 1996-08-23 | 5.4 KB | 135 lines

@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
@IF121xx]same name as set forth in its articles of incorporation, no
@IF121xx]fictitious name registration will be required under Florida
@IF121xx]law 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 identity
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 business,
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: AL NM
(NOTE:  @STATE 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

        ┌───────────────────────────────────────────────┐
        │    FICTITIOUS NAME REQUIREMENTS--CALIFORNIA   │
        └───────────────────────────────────────────────┘

California's fictitious business name law requires anyone
transacting business for profit in the state under a
fictitious business name to file and publish a fictitious
business name statement.  In the case of a sole proprietorship
or partnership, a business name is considered to be fictitious
unless it contains the name of the owner or all the general
partners and does not suggest the existence of additional
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 fictitious
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 general
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.

Or, for help in doing a name search and meeting all the
necessary publication and filing requirements, contact:

California Newspaper Service Bureau
Fictitious Business Name Department
915 East Street
Los Angeles, CA 90012
[phone]
[phone] (in United States)

@CODE:EN