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F207.SBE
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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.