@063 CHAP 11 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� � ASSUMED OR FICTITIOUS BUSINESS NAMES � 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� Using a D.B.A. ("doing business as"), or trade name, also referred to in some states as an assumed name or fictitious name, is not illegal, or even unethical. In fact, choosing a good name for your business can sometimes aid the success of your operation significantly. Most states have some legal procedure for registering a trade name that will give you some protection against another firm usurping your trade name, if your business should become successful. (Similar provision is often made for state registration of trademarks, in addition to federal trademark registration, which is valid nationwide, but often fairly expensive to attain.) @CODE: FL 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� � FICTITIOUS NAME ACT REQUIREMENTS--FLORIDA � 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� If your business uses a name other than your own (or its own, in the case of corporation), it is required by law to register the name, under the Florida Fictitious Name Act. For an unincorporated business, a name is considered to be fictitious if: . it does not contain the surname of the owner or all of the general partners, OR . it suggests the existence of additional owners (by including words like "associates," "company," "group," "bros." or "and family"). Your corporation is not considered to be using a fictitious name if it does business using its exact corporate name, as set forth in its articles of incorporation. @IF121xx]Thus, if your corporation does business under the exact same @IF121xx]name as set forth in its articles of incorporation, no fic- @IF121xx]titious name registration will be required under Florida law @IF121xx]for @NAME. @IF121xx] Fictitious business names are required to be registered with the Division of Corporations, Secretary of state. For the application and procedures for filing fictitious names, call: Miami 305-372-7777 Tallahassee 904-487-6058 @CODE:EN However, in most (but not all) states, there is also a state law that REQUIRES that a business operating under an assumed name or fictitious name must register, usually at the county level, filing a statement as to the true iden- tity of the person using the assumed name. An example of an assumed name would be "Inter-Galactic Hydrodynamic Industries," which would require the owner of that busi- ness, who might be named Joe Smith, to register, and, in some states, to also publish a fictitious name statement in a local newspaper for a few weeks, disclosing his use of that trade name. If he chose to simply call his plumbing business "Smith's Plumbing," using his own last name, most states would not consider that a fictitious name, and no registration or publication of a fictitious name statement would be required. @CODE: NM (NOTE: New Mexico has no law requiring a business to file an assumed or fictitious name statement, unlike most other states.) @CODE:EN @CODE: LS In @STATE, use of a fictitious name gets you hauled in front of a firing squad, which is that part of the @STATE legal system which comes immediately after any trial. @CODE:EN @CODE: CA @CODE:NF 旼컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� � FICTITIOUS NAME REQUIREMENTS--CALIFORNIA � 읕컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴컴� California's fictitious business name law requires anyone transacting business for profit in the state under a ficti- tious business name to file and publish a fictitious busi- ness name statement. In the case of a sole proprietorship or partnership, a business name is considered to be ficti- tious unless it contains the name of the owner or all the general partners and does not suggest the existence of ad- ditional owners. Thus, for example, a name that includes "company," "Bros.," "& Associates" or "& Sons" will suggest the existence of additional owners and will be considered a fictitious business name. A corporation is not considered to be using a fictitious name unless it does business under a name other than the exact corporate name set forth in its articles of incorporation. Where a fictitious business name is being used, a fictiti- ous business name statement must be filed within 40 days with the county clerk of the county where the firm has its principal place of business in the state of California. Most county clerks will provide you with a copy of this form for free--however, there is a $10 filing fee. Also, within 30 days after you file the statement with the county clerk, it must be published in a newspaper of gener- al circulation in the same county and an affidavit showing that it was published must be filed with the county clerk not later than 30 days after the last date of publication of the notice. Many legal newspapers in the state will provide the form for filing, publish the notice and file the affidavit, all for a single relatively modest fee.