This allows you to secure your preferred name quickly and helps avoid delays in launching or rebranding your business operations. Early registration ensures that all legal and promotional activities can proceed without interruption, under the name that best fits your business identity. Business credit cards can help you when your business needs access to cash right away.
- It can make opening business bank accounts and signing contracts easier, as many banks and vendors require proof of registration.
- Corporations, LLCs, and other business entities can transact business in states other than their formation state (so called “foreign” states).
- Read on to learn more about how assumed business names work, the purposes they serve, and why you may need to give your state a heads up if you use one.
- Some states require publication in a local newspaper of the intention to register and do business under an assumed name.
- The process will take less than 10 minutes and the instructions will walk you through each step of the process.
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.
After publication, the newspaper will return an affidavit of publication which should be retained by the business. If a business decides to stop using one or more of its assumed names, it can generally make a filing to cancel its assumed name registration. Some assumed name provisions are found in the state’s business entity statutes. Others are found in the state’s laws dealing with consumer protection or unfair trade practices. When planning to use an assumed business name, it’s advisable to start the registration process as early as possible.
Some things to keep in mind as you choose your business name:
An assumed name and a DBA (Doing Business As) are often used interchangeably, but there’s a slight difference between the two. An assumed name refers to any name a business operates under that is different from its legal name, while a DBA is the formal registration of that name. Registering a DBA allows businesses to operate under a different name without forming a separate legal entity.
Common Mistakes When Filing for an Assumed Name
In most states, the information required will depend upon the type of entity (e.g., corporation versus sole proprietorship). Although most states require that the assumed name document be filed with the Secretary of State, this is not true for every state. Corporations, LLCs, and other business entities can transact business in states other than their formation state (so called “foreign” states).
- They also impose penalties for failure to comply that the business and its owners and managers will want to avoid.
- You’re also probably wondering if your ABN or DBA can be used to build business credit and obtain business credit cards.
- For instructions and fees regarding filing a Disposition of Interest form, please see the link below.
Business Services
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 Is An Assumed Name Certificate?
The name of the corporation or other business entity provided on this certificate must exactly match the records of the Department of State. This information should be verified on the Department of State’s website. Obtaining a Certificate of Assumed Business Name is a straightforward process, but it requires careful attention to detail to ensure compliance with local regulations. The steps to secure this certificate involve interacting with local government offices, preparing for some expenses, and timing your application correctly to align with your business plans. If you form a corporation, LLC or other entity, it is your responsibility to register the name of the business. If you fail to do so, you may incur fines and risk personal liability if anyone sues your business.
Fees
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.
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.
The information provided above are simple explanations for potentially complex issues, questions about your specific situation should be asked to qualified professionals. A Disposition of Interest is the removal of an assumed name that has been filed with the County Clerk’s office. These documents contain form fields that can be edited within your browser. If you are unable to edit the form in your browser, try downloading the file to your system and opening it directly.
Applicants may conduct business under multiple assumed names, but each name must be filed separately. After initial filing, ongoing responsibilities include periodic renewal, which jurisdictions typically require every one to ten years. If there are changes to the business name, owner information, or address, an amendment may be necessary. Some states require a new certificate to be filed if material changes occur, rather than allowing direct amendments.
A small business might choose to use a fictitious name for several reasons. Below are a few common ways an assumed business name could benefit your business.
When you use a company name that doesn’t match the legal name on your tax returns, you’re using what’s known as an assumed business name or DBA. Read on to learn more about how assumed business names work, the purposes they serve, and why you may need to give your state a heads up if you use one. As a business owner, choosing the right company name is one of the most important items on your to-do list when you launch a new business. It’s right up there with opening a business bank account, setting up a company website, and establishing business credit. Use this form to change the official email address that was provided in your filing.
An Assumed Name Certificate formalizes the registration of a business’s DBA (Doing Business As) name. It’s a legal document that declares the public use of a name other than the business’s legally registered name. This certificate is crucial for compliance and transparency, allowing customers and regulators to identify the true ownership of a business operating under a different name.
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 assumed name certificate 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.
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.
Skipping this step could result in serious consequences, like civil or criminal fines and personal liability for business contracts. Remember that Nav provides resources to ensure your business has all the necessary information. We’ll help you register your business with the Department of State, check your business credit scores, and even find your best small business loan options. In general, assumed name statutes apply only to business entities “doing business” under the assumed name.
Some states impose monetary penalties, which can mount up, while others impose criminal fines. In some states, you cannot enforce a contract or bring a lawsuit until you have properly registered your assumed name. These statutes typically require the name to be registered with a state or local agency. They also impose penalties for failure to comply that the business and its owners and managers will want to avoid.