There is also a voluntary filing which can be made with the Secretary of State to protect the name. North Carolina File at the local Register of Deeds in one of the counties where business is conducted. You can indicate all counties where the assumed name is being used on single form.
On December 1, NC started using a central statewide database of all assumed name filings made on or after this date. Is the Name Protected? Some states require that the assumed name be available for use, thus protecting existing assumed names from being used by other entities in the state. Other states do not. Ohio offers two choices: trade name and fictitious name. If a company files a trade name registration, the name must be available for use and the user is asserting the right to exclusive use.
If a fictitious name registration is filed, then the elective assumed name the company wants to use does not have to be available, but the company also has no right to exclusive use. Publication Requirements? Georgia, Florida, Nebraska, and Pennsylvania require publication only for initial assumed name filings. More information on post-filing requirements. Share this article with your network. Most Popular. About Us. Who We Help.
So, they may choose to use an assumed name of "Doe Lawn Care" in their marketing and advertising efforts. If you want to create and use an assumed name for your business, it is important to look into your state's requirements and take action accordingly. In general, your assumed name cannot already be in use by another business. In addition, it cannot be so similar to another name already in use that it could be misleading or confusing. Some state laws also specifically prohibit DBA or assumed names that include "corp.
Many states provide searchable business name databases to help business owners determine name availability. Some state laws require business owners to file application forms or other documentation with the state agency that has jurisdiction over business or with the specific counties where the fictitious name will be used.
You may need to pay a fee to register an assumed name. Be aware that registering an assumed name is not the same as registering for trademark protection. This is often a one-time cost, but a few states require a periodic renewal. The publishing fee is a onetime cost. The fictitious business name statement is notarized and then a certificate is provided to the business.
Read more about registering an EIN. Comparison of Business Entities. Setting up Bookkeeping for Your First Business. What Is Pass-Through Taxation. Why use a DBA?
When is a DBA needed? Cost to file an assumed name What information is needed to file? How do I register my business name?
Do I need a business license? Should I use an LLC formation service or do it myself? How do I get a sales tax permit? What is the difference between a trademark, copyright and patent? An assumed business name is any name your business uses to operate other than its legal name.
If so, you might need to file for an assumed business name certificate. Depending on your state, an assumed name certificate may also be referred to as a DBA doing business as registration or a fictitious name filing. While the terms all sound different, they describe the same process. The application process for an assumed business name certificate varies from state to state. Other states may require you to place an ad in your local newspaper to disclose your DBA name to the public.
Wondering if your state requires you to file for an assumed name certificate? You can learn if DBA registration is necessary in your state and, if it is, which department you need to reach out to in order to get your fictitious name certificate.
A company might choose to use a fictitious name for several reasons.
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