A written request for the expedited processing desired must be submitted with the Certificate of Assumed Name and must indicate the level of expedited processing requested. Certificates of Assumed Name submitted through the mail should be marked with the notation “Expedited Handling” on the envelope and in your cover letter. Certificates of Assumed Name submitted via fax with the Credit Card/Debit Card Authorization Form must specifically indicate the level of expedited processing requested. Mail completed assumed name and/or disposition of interest application with a check or money order payable to Mary Louise Nicholson, County Clerk. (Please include a self-addressed, stamped envelope.) The application(s) must be notarized and contain original signatures.
Maintaining Your Assumed Name Certificate
Filing methods include mailing the form, submitting it online, or filing in person. The certificate is typically filed with the county clerk’s office in the county where the business operates, or with the state’s Secretary of State, or sometimes both, depending on local regulations. Upon successful submission, the filing authority usually provides confirmation, such as a file-stamped copy or an official filing receipt. Filing fees generally range from $10 to $150, with many states charging between $20 and $50. An assumed name certificate is necessary when a business operates under a name other than its legal name. For sole proprietorships or general partnerships, this is typically required if the business name does not include the owner’s full legal name.
Doing Business As (DBA)
It’s commonly used by sole proprietors, partnerships, and corporations looking to rebrand or expand. Both terms serve the same purpose legally, but the terminology may vary depending on the state or local requirements. If your business operates as a corporation, limited liability company (LLC), or limited partnership (LP), your business’s legal name is the one used on the formation document. The business entity laws generally require the foreign entity’s name to be distinguishable upon the records of the Secretary of State from the names of other domestic or foreign business entities.
- To download the file, right-click the link and choose the “Save link as…” or “Save target as…” option.
- Many states allow businesses that have a registration of a fictitious name to apply under that name for business credit.
- Registering a DBA allows businesses to operate under a different name without forming a separate legal entity.
- The public needs access to the true names of businesses for various purposes including checking credit ratings, searching for legal judgments, searching for security interests, bringing suit, and serving process.
- 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.
To download the file, right-click the link and choose the “Save link as…” or “Save target as…” option. If you incorporate as “Wally’s Widget World, Inc.”, your competitors — or any other company — will be barred from incorporating or qualifying under that name. In some states, they would be barred from using a deceptively similar name. All fees must be paid by cash, check, money order, MasterCard, Visa or American Express. Filing your Assumed Name Certificate or DBA is one of the first steps in turning an idea into a business.
Corporations or Limited Liability Companies (LLCs) also need to file if they conduct business under a name different from their officially registered corporate or LLC name. Filing requirements vary by jurisdiction, often involving both state and county-level regulations. Many financial institutions require a certified copy of an assumed name certificate to open a business bank account under the assumed name. The application process for an assumed business name certificate varies from state to state. In other states, filing for an assumed name certificate is as simple as visiting your county clerk’s office, filling out a registration form, and paying a fee.
Assumed names are often not exclusive
Completed forms can be mailed to our office, or an appointment can be scheduled for in-person service. Use this form to cancel a certificate of Assumed Name that’s currently on record. Signatures of all current applicants or an Authorized Agent are required for submission. Contact us today for business registration and business compliance assistance. A number of states provide that the assumed name filing is effective for a certain period of years and must be renewed.
Two of the most commonly asked about topics with financial implications are:
Whether a business entity is “doing business” so as to be subject to the assumed name statute is a legal question that should be determined by the business entity’s counsel. Filing for an assumed name certificate allows businesses to operate under a name that differs from their legal name, providing greater flexibility for branding and marketing. It helps build recognition by creating a name that resonates with customers and fits the business’s identity. Registering an assumed name also ensures compliance with local laws, protecting the business from legal issues. It can make opening business bank accounts and signing contracts easier, as many banks and vendors require proof of registration. For businesses looking to expand services or enter new markets, an assumed name offers a simple way to create a fresh identity without forming a new legal entity.
- Re-registration requirements and filing fees for fictitious name renewals vary by state as well.
- While a legal name might be an individual’s full name or a corporation’s registered name, an assumed name provides a more marketable identity.
- It’s a legal document that declares the public use of a name other than the business’s legally registered name.
- If any of the information on the most recently filed Certificate of Assumed Name has changed or is incorrect, use the following form to change the filing.
- A consent form needs to be submitted along with the original filing or amendment you wish to record.
There are also some states where sole proprietorships and partnerships file on the county level and corporations and LLCs on the state level. An assumed name certificate application typically requires the full assumed business name, the legal name of the owner(s) or legal entity, and the primary business address. Official application forms are available from the relevant filing authority, such as a county clerk’s office or the state’s Secretary of State website.
The first step in obtaining an Assumed Name Certificate is to contact your local county clerk’s office or the appropriate state agency. This office handles the registration of business names and can provide the specific forms and guidance needed for your application. It’s important to gather all necessary business information and ensure that your desired business name is not already in use. The local office will also inform you about the process, paperwork, and any legal nuances specific to your locality. But whether you opt for a complete do-it-yourself approach or to work with a professional service provider, it is essential that you follow the rules in order to avoid unpleasant repercussions.
What are LLC Articles of Organization?
The approved form that you will receive back is proof that your certificate of Assumed Name has been filed assumed name certificate with our office. A domestic or foreign corporation may conduct or transact business under an assumed name (commonly referred to as a D/B/A) by filing a Certificate of Assumed Name pursuant to Section 130 of the General Business Law. Beyond requiring a filing, there is little uniformity among the assumed name statutes. Although most use the term “assumed name” others use “fictitious name”, “trade name”, or another term.
Sales taxes (if your business is required to collect sales tax) are filed separately from income taxes and are paid to the state and or local taxing authorities. Consult your state comptrollers office or state tax office for your states rules. Unincorporated assumed name applications may be partially completed and saved online, but applicants must appear in person to sign the application and pay the required fee. The process can be completed at the downtown location or at a Tarrant County subcourthouse location. Any business that uses an assumed name should take steps to comply with the assumed name statutes in the state(s) in which it does business.
How to Close an LLC and Dissolve the Business
Many states allow businesses that have a registration of a fictitious name to apply under that name for business credit. However, it’s important to check with your state department to figure out what that process would look like for you and your business. An assumed name allows a business to operate under a designation distinct from its official legal name. Businesses or individuals often use an assumed name for branding, marketing, or to avoid using a personal name for commercial activities.
If you are ready to get started the DBA Generator below will make the process fast & easy, or if you still have some questions we can help with that as well. Just click on the section below that best represents your question, when you are done with your research scroll down to start creating your Assumed Name Certificate. The process will take less than 10 minutes and the instructions will walk you through each step of the process.
This email address may be used to send annual renewal reminders and other important notices that may require action or responses. Any Assumed Name certificate that expires as a result of failing to file the annual renewal, may be reinstated by filing the annual renewal and paying the applicable fee. Sole proprietors and partnerships may also want to do business under an assumed name for privacy reasons or to have the business name better reflect their products or services.
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2024
About the Author:
Stuart Bahn is a professional guitarist and guitar teacher in London, England. He is the creator of the digital course Be A Guitar Teacher to help aspiring guitarists build careers as freelance guitar teachers. He is also the author of several apps for musicians, including 'Music Theory - Chords in Keys' and 'Guitar Fretboard Trainer'