Why Do I Need To File A Fictitious Business Name

16 Mar, 2021

Individuals doing business under their full and proper name are not required to register their personal name as a fictitious name. If your business name suggests that you co-own the company names such as G Saunders Group Saunders and Sons or Saunders and Associates then you do have to file a fictitious business name.

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When a fictitious name certificate is filed the Commission issues only a receipt for payment of the filing fee.

Why do i need to file a fictitious business name. Registration is necessary when. If your business name inaccurately suggests that others will co-own the company with you you do need to file a fictitious business name statement. Additionally the registration provides notice to creditors as to the person persons or entities who are doing business under fictitious names for the purpose of protecting creditors from fraud and deceit.

Do I Need to File a DBA. A simple definition of a fictitious name. Upon request and payment of the requisite fee however the Clerks Office will provide a Commission-certified copy of the certificate of assumed or fictitious name or a certificate of fact stating that a fictitious name certificate has been filed with the Commission for a.

Section 417200 of the Revised Statutes of Missouri. If you will be operating your sole proprietorship under a name that is different from your own name or which does not readily identify you as the business owner you will need to file a Registration of Fictitious Name form DSCB54-311. To file a fictitious name registration.

States require filing fictitious business names because they help inform the public about who actually owns the company. A fictitious name filing puts a businesss name and its owners identity on public record. Filing a FBN statement makes the identity of the person doing business under the fictitious name available to the public.

The purpose of a fictitious name is to ensure that there is a public record as to the identity of the owner of the fictitious name. Filing a fictitious business name statement is also required to open a business checking. The name you register must be advertised at least once in a newspaper that is located within the county where your principal place of business is located Chapter 50 Florida StatutesHowever proof of advertisement is not required.

Depending on your state law most businesses that operate under a fictitious name are required to complete a fictitious business name statement publish the statement in a newspaper of general circulation and then record this information with the county recorder where the business is located. The term DBA is used by the majority of states however each state has a different technical name. If you are doing business under an assumed name one different from your name you need to file a fictitious name statement This filing is required by law to connect the name of a business to the business owner.

A fictitious name is commonly referred to as a DBA an acronym for doing business as Filing a fictitious name registration does not afford or secure any exclusive rights to the name. A person or a company may want to conduct business under a name which is different from their legal name. Someone could argue that F Smith Group sounds like youve got a whole passel of co-owners by your side.

The majority of states have a mandatory requirement that a business take a fictitious name to register at the county clerks office in the county where the company is located. A sole proprietorship will be doing business under a name that does not contain the owners last name. In such cases this is known as Doing Business As or DBA for short.

Under California state law any entity that uses a fictitious business name also referred to as a DBA or doing business as for the purpose of conducting business transactions must register that name with the state. This registration creates a public record of the real names of the business owners who work under the assumed business name. In addition in many states if your business name falsely implies that more than one owner is involved you must file a fictitious business name statement.

In the case of a business owned by an individual a fictitious business name is any name that does not include the last name surname of the owner or which implies additional owners such as Company and Company and Sons Associates etc. If Jason Todd were a sole proprietor for example and named his business Jason Todd and Sons or Jason Todd Associates he would probably have to file an FBN statement even though he included his last name in his business. A fictitious business name is one that does not use the business owners name.

A fictitious name is a name under which any person or business shall do or transact any business in this state which is other than the true name of such person or business. You might also need to publish a notice of intent in order to use the name in your local newspaper. Purpose of Filing Fictitious Business Name Statement A fictitious business name or doing business as also known as a DBA gives business owners an inexpensive method of gaining the legal right.

This is because the business name specifically the word Group implies that you have co-workers that work with you.

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