How to Get a Fictitious Name
Find out the laws for the state in which you plan to do business regarding registering fictitious names., Check for the availability of the name you plan to use as your fictitious name., File the appropriate registration forms with the proper agency...
Step-by-Step Guide
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Step 1: Find out the laws for the state in which you plan to do business regarding registering fictitious names.
Some states do not require companies to register their DBA names; however, most do.
Registration may be performed at the town, county or state level, depending on the laws of the particular state in which the business operates.
A list of filing requirements by state can be found at https://www.sba.gov/starting-business/choose-register-your-business/register-your-business-name. -
Step 2: Check for the availability of the name you plan to use as your fictitious name.
The same municipal or state agency with which you must register your DBA name maintains a database of names that have already been registered.
Search this database to make sure your planned assumed name isn't already registered to someone else; if it is, you'll have to create a different name.
You cannot include the words "Corporation" or "Incorporated" or their abbreviated forms in your business name, legal or assumed, unless your business has legally incorporated itself.
You cannot use the words "Limited Liability Company" or the abbreviations "LLC" or "LC" unless your business is legally such a company, although you can use the full words "Limited" or "Company" in your DBA name, provided you don't suggest your business is a limited liability company. , In most cases, your application must include the legal name (personal, partnership or corporation) of the business owner and address, a description of the business and other pertinent information.
Some states allow you to register multiple DBA names on the same application, while other states require a separate registration form for each fictitious name.
If you plan to register multiple names, your state may charge for each name, even if you can register all the names at once on the same form. , Most states require publishing a notice of having applied for the DBA name in a general circulation newspaper within a certain period of time after filing the paperwork to register the fictitious name.
Filing this statement also provides evidence to banks that your DBA name represents a legitimate business if you plan to open an account in or cash checks made out to the fictitious name.
You'll also need this statement if you bring suit against someone else on behalf of your business. -
Step 3: File the appropriate registration forms with the proper agency in your state.
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Step 4: Publish a notice of filing the fictitious name registration.
Detailed Guide
Some states do not require companies to register their DBA names; however, most do.
Registration may be performed at the town, county or state level, depending on the laws of the particular state in which the business operates.
A list of filing requirements by state can be found at https://www.sba.gov/starting-business/choose-register-your-business/register-your-business-name.
The same municipal or state agency with which you must register your DBA name maintains a database of names that have already been registered.
Search this database to make sure your planned assumed name isn't already registered to someone else; if it is, you'll have to create a different name.
You cannot include the words "Corporation" or "Incorporated" or their abbreviated forms in your business name, legal or assumed, unless your business has legally incorporated itself.
You cannot use the words "Limited Liability Company" or the abbreviations "LLC" or "LC" unless your business is legally such a company, although you can use the full words "Limited" or "Company" in your DBA name, provided you don't suggest your business is a limited liability company. , In most cases, your application must include the legal name (personal, partnership or corporation) of the business owner and address, a description of the business and other pertinent information.
Some states allow you to register multiple DBA names on the same application, while other states require a separate registration form for each fictitious name.
If you plan to register multiple names, your state may charge for each name, even if you can register all the names at once on the same form. , Most states require publishing a notice of having applied for the DBA name in a general circulation newspaper within a certain period of time after filing the paperwork to register the fictitious name.
Filing this statement also provides evidence to banks that your DBA name represents a legitimate business if you plan to open an account in or cash checks made out to the fictitious name.
You'll also need this statement if you bring suit against someone else on behalf of your business.
About the Author
Lauren Harris
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