And since many companies are created every day, you risk losing the name you want to another entity. To avoid such problems, seeking legal advice is the best way. Our team of legal experts can easily and quickly perform the NBF registration task for you. Let us do all the paperwork while you focus on your business. The best way to verify that the DBA name you selected is available is to perform a California company name search. The California Secretary of State maintains an online database of all registered business names throughout California. From here, you can find out if the fictitious name you want to use is even available before proceeding with the process. In this article, I will use the terms „fictitious name“ and „DBA“ interchangeably. At CorpNet, we help business owners in the U.S. file DBAs. Fictitious names can benefit businesses of all kinds – from sole proprietorships to LLCs to corporations. In some cases, you won`t need a database administrator if your company name is a combination of your name and a description of your product or service.
In Gordon`s case, if his company were called Gordon Flanders`s Gardening Services, he would not need a DBA. But if it is only his first name (i.e. Gordon`s Gardening Service), a DBA is required because it is not his full and legal name. In the United States, a DBA allows the public to know who is the true owner of a business. The DBA is also called a fictitious company name or an assumed company name. It has its origins as a form of consumer protection, so dishonest business owners couldn`t try to avoid legal problems by operating under a different name. Think seriously about the name. Why should you go through the process of submitting a fictitious name only to find that the name isn`t really what you want or what best represents your brand. The registration of a fictitious name does not create an exclusive right to use the fictitious name. There are no property rights to a fictitious name. Other natural or legal persons may register the same fictitious name.
A fictitious name registration is not a trademark or copyright. The registration of a fictitious name does not offer liability protection. The use of a fictitious name does not create a separate legal entity, but is merely descriptive of a person or association operating under a different name. Note: If you plan to expand the company to other states, you must also qualify for each individual state abroad. Any company, LLC, or other legal business entity is prohibited from doing business in any state without qualifying. There are penalties if you don`t comply. Your legal name in the states where you qualify is the name on your company`s certificate. If you want to use a different name, you must register your database administrator name in this state by submitting the appropriate documents. If all this sounds tedious and you want to use a fictitious name without signing up, think again. It is illegal to operate a business under an unregistered adopted name. Some states impose severe penalties for non-registration of a DTA name, including civil and criminal law. A fictitious name may not contain a corporate designator such as „company“, „incorporated“ or „limited“ or a derivative or abbreviation thereof, unless the company or at least one entity named in the application for registration of the fictitious name is a corporation.
The same applies to terms or identifiers that indicate the participation of a limited liability company, such as.B. „limited liability company“ or „limited“ or „LLC“, unless the company mentioned in the application for registration of the fictitious name or at least one legal person is a limited liability company. However, the use of the word „corporation“ or any derivative or abbreviation thereof by a sole proprietorship, partnership or partnership is permitted. One way to simplify the DBA filing process is to hire a legal filing service to make sure you`re perfectly meeting your county and state requirements. Whichever method you choose, you won`t be able to use your DBA until you receive a fictitious name certificate. Think about how a fictitious name can help you build, plug in, or even simplify the way you work. You can consult a lawyer or business consultant to think about the benefits of a DBA. And make sure they have been properly classified and renewed. You are free to use your company name if there is no duplicate.
After validating it, request and complete the forms required to submit the NBF statement. Make sure you don`t skip important fields and that all information is spelled correctly and correctly. You can submit the forms online, in person or by mail. If there is a change of business owner as a result of the sale or merger of the company, the new owners must submit a deletion and re-registration within 30 days of the change of ownership. The sole purpose of a fictitious name registration is to inform the public about the natural or legal person operating under a particular corporate name. It does not reserve the name, does not grant any right to use the name or prevents another party from using the name. According to the law, more than one person or company can register the same fictitious name. Successful fictitious name registrations are valid for five years and expire on December 31 of the fifth year following registration. An example: if a fictitious name is registered on October 22, 2019, it expires on December 31, 2024. Renewals can be submitted between January 1 and December 31 of the fifth year. The Florida Department of State will send renewal notices during the renewal year to the last registered email address. However, failure to obtain the declaration of renewal does not grant the applicant an exemption or extension of the requirements for the renewal of the registration.
Therefore, it is important to plan the expiration date, as it can be very easily forgotten and the email notification can go unnoticed. The purpose of registering a DTA name is to inform the public that a particular natural or legal person is carrying out its activities under a name other than its legal name. Adopted Name Laws (IDAs) are consumer protection laws. Registration is required for the public to know the beneficial owner of the businesses from which they buy or trade. Prepare several fictitious company names. Find out which ones best represent your business or niche. It would be better to have three to five names ready so that you have some alternatives in case the other is already taken. The use of fictitious names is governed by the Fictitious Names Act 1982 (54 Pa.C.S. §§ 301 et seq.), as amended, which repealed previous laws on the subject. As a result, fictitious names have not been deposited in the district city since the early 1980s.
As a sole proprietor, you can legally do business in this state under the fictitious name of your company, but you do not have limited liability protection. This means that you are responsible for the debts and obligations of the company. In life and business, things are not always as they seem. And that`s okay. Some people change their name for personal or professional reasons. A middle name, abbreviated name, or nickname may seem more natural and appropriate. There is nothing wrong with having a name that everyone knows and a name that belongs to a birth certificate and passport. What is a fictitious name? A fictitious name is a name other than the name of your appropriate legal entity that you officially receive from the state (or county) to use in business. You may also see a fictitious company name, which is labeled as follows: To submit a fictitious company name, you will need to fill out paperwork (usually a simple one-page form) and pay the appropriate registration fee. In some states, you must apply for DBAs through a state agency, usually the Office of the Secretary of State. In other states, you`ll need to submit fictitious names on the county where your business is located. Forms and fees vary from state to state and county to county.
As I mentioned earlier, you may also need to post an ad in your local newspaper and then prove to the state or county that you did. • Registered or authorized with the Ministry of Business and Professions Regulation or the Ministry of Health and their accreditation boards have no requirement to register as a fictitious name. The address, including number and street, if any, of the principal place of business. A mailbox alone is not acceptable. If you operate your business as a sole proprietor, you will need to apply for a DBA if your business has a name other than your own. For example, if sole proprietor Gordon Flanders wanted to call his garden store Green Thumbs McGee`s, he would have to file a DBA. Every company has a „legal name“ or „real name“. In the case of a sole proprietorship or partnership, this corporate name is the name of the owner(s) of the corporation. In the case of a corporation, limited liability company (LLC) or other legal entity under statutory law, the legal name is the one that appears on its incorporation document (e.B. articles or articles of association).
The formation of an LLC, limited partnership (LP), limited liability company (LLP) or corporation (whether C Corporation or S Corporation for income tax purposes) provides limited liability protection to the owner or owners of that business entity. The Company, LLC, LP or LLP is the owner of the business and is responsible for the Company`s debts. Shareholders, members or partners are not. This is one of the main advantages of starting a business. After forming your company, LLC or other legal entity, if you wish to do business under a name other than the one listed on your company`s incorporation document, you must submit the appropriate documents to register your DTA name and the publication of the statement is necessary to establish your legal rights under the name….