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Checklist of Matters to be Considered when Drafting Certificates in Connection with Conduct of Business under Fictitious of Assumed Name

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US-1341034BG
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Description

An individual or a partnership may legally transact business under a fictitious or assumed name, unless prohibited by statute, provided there is no fraudulent intent, infringement of trademarks or tradenames, or unfair competition. Most states have enacted statutes regulating the conduct of business under a name that does not disclose the names of the interested persons, such statutes having the object of protecting the public by providing information as to the persons with whom they deal, so as to afford protection against fraud and deceit.

A Checklist of Matters to be Considered when Drafting Certificates in Connection with Conduct of Business under Fictitious or Assumed Name is a document which outlines the legal requirements for businesses operating under a fictitious or assumed name. This document is designed to help legal professionals understand the requirements that must be met in order to conduct business under a fictitious or assumed name. The checklist typically includes items such as: • Verifying the name of the business is distinct from any other business registered in the state or locality; • Obtaining a fictitious or assumed name certificate from the state; • Publishing notice of the assumed name in a local newspaper; • Filing the certificate with the state’Secretarstatuettete; • Registering the business name with the state’s department of taxation; • Obtaining necessary permits or licenses; • Posting a notice of assumed name in the business establishment; • Notifying banks, creditors, customers, and other parties of the assumed name; • Obtaining an Employer Identification Number (EIN) from the Internal Revenue Service (IRS); and • Adopting a corporate resolution or partnership agreement to adopt the assumed name. Different types of Checklist of Matters to be Considered when Drafting Certificates in Connection with Conduct of Business under Fictitious or Assumed Name include: • Sole Proprietorship: This type of checklist is typically used by entrepreneurs operating as a sole proprietor. • Partnership: This type of checklist is typically used by partnerships conducting business under a fictitious or assumed name. • Corporation: This type of checklist is typically used by corporations conducting business under a fictitious or assumed name. • Limited Liability Company (LLC): This type of checklist is typically used by LCS conducting business under a fictitious or assumed name.

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FAQ

A fictitious name is an artificial name deliberately created or adopted. For example, a business may have a fictitious business name. Fictitious names may also be used when filing a lawsuit against someone whose name is unknown to the plaintiff or to conceal a person's identity. See also: doing business as (DBA)

In the case of entities, such as corporations, a fictitious business name is any name different from that used in the articles of incorporation. For a natural person, an example is when Jane Doe (legal name) starts a catering business called JD Catering (fictitious business name).

In the case of a business owned by an individual, a ?fictitious business name? is any name that does not include the last name (surname) of the owner, or which implies additional owners (such as "Company", "and Company", "and Sons", "Associates", etc.).

A fictitious name is an artificial name deliberately created or adopted. For example, a business may have a fictitious business name. Fictitious names may also be used when filing a lawsuit against someone whose name is unknown to the plaintiff or to conceal a person's identity.

Examples: "Joyce Smith Catering" is not a Fictitious Business Name. "Smith and Company Catering" is a Fictitious Business Name.

An assumed business name, also called a DBA (doing business as) name, is used by an entity that is conducting business under a name that is not its legal name. 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.

A DBA (which stands for ?doing business as?) name is when the person or company does business under a name other than the legal name.

There are two important reasons for registering a fictitious business name. By registering the business, the owner can be found in case of any problems related to the enterprise. Also, a business owner with a signed contract and registered business name can better enforce a contract.

More info

Signing Requirements: The Certificate of Assumed Name must be signed on behalf of the entity. Explore our smart chart on DBAs (doing business under an assumed name) including when you would want a DBA, related statutes, filing procedures and more.A fictitious name is a name under which any person shall do or transact any business in this state which is other than the true name of such person. It is a name other than your proper legal business entity name that you formally get permission to use when conducting business. Before you apply for a business bank account, you need to gather your business licenses and identification documents. Effect of Filing: The effect of filing is to give notice to the public that the entity is conducting business under that name. DBA stands for "doing business as. " It refers to the name you want the public to call your company. In life and business, things are not always as they seem. A merger or acquisition is the biggest corporate transaction that any business will undertake.

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Checklist of Matters to be Considered when Drafting Certificates in Connection with Conduct of Business under Fictitious of Assumed Name