An assumed name, also known as a fictitious name or DBA (doing business as), is a name used by a business to operate or commonly known by. In certain states, businesses are required to file an assumed-name certificate with the secretary of state or county clerk’s office in the business’s location. On the other hand, a corporate name is the registered name that a corporation uses for legal matters. A personal name refers to an individual’s given name at birth, while a surname is the family name. Lastly, a proprietary name is a name that can be owned and registered as a trademark.
An assumed name, also known as a fictitious name or DBA (doing business as), is a name that a business operates under or is commonly known by. For instance, if Antex Corporation operates under the name Computer Warehouse, then Computer Warehouse is considered their assumed name. In many states, businesses are required to file an assumed-name certificate if they operate under a name other than their legal name. This certificate is typically filed with the secretary of state’s office or the county clerk’s office in the business’s location. Other types of names include personal names (given at birth), corporate names (registered names for legal affairs), and trademark names (nondescriptive names that can be owned and registered as trademarks). These various types of names serve to identify and differentiate individuals, businesses, and products from others.
An assumed name, also known as a fictitious name or a trade name, is a name under which a business operates that is different from the legal name of the individual or entity owning the business.
Using an assumed name allows you to conduct business under a name that is more marketable or descriptive than your legal name. It can also help you create a separate brand identity for your business.
The process of registering an assumed name varies by jurisdiction, but generally, you will need to file a form with the appropriate government agency, such as the Secretary of State or County Clerk’s office, and pay a registration fee. You may also need to publish a notice of your assumed name in a local newspaper.
In many jurisdictions, registering an assumed name is mandatory if you plan to conduct business under a name other than your legal name. However, the specific requirements may vary, so it is important to check the laws and regulations of your jurisdiction.
In most cases, multiple businesses can have the same assumed name as long as they operate in different geographic areas or industries. However, it is advisable to conduct a thorough search to ensure that the name you want to use is not already in use by another business in your area or industry.
Yes, you can usually change your assumed name by filing an amendment with the appropriate government agency. However, there may be additional fees and requirements involved in the name change process.
Yes, assumed name registrations typically need to be renewed periodically, usually every few years. The renewal process may involve filing a renewal form and paying a renewal fee.
Yes, sole proprietors can use an assumed name for their business. However, it is important to note that using an assumed name does not create a separate legal entity, and the sole proprietor remains personally liable for the business’s debts and obligations.
Nonprofit organisations can also use assumed names for their operations. However, it is essential to comply with the specific regulations and requirements for nonprofit organisations in your jurisdiction.
Operating a business under an assumed name without proper registration can lead to legal consequences, including fines, penalties, and the inability to enforce contracts or protect your business’s intellectual property rights. It is crucial to comply with the registration requirements to ensure legal protection and credibility for your business.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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