Michigan Adopting the Same Assumed Name

State:
Michigan
Control #:
MI-SOS-C42
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Description

Adopting the Same Assumed Name
Michigan Adopting the Same Assumed Name (also known as Michigan Assumed Name Law) is a legal process that allows businesses, individuals, and other organizations to legally use a name that differs from their legal name. This process is regulated by the Michigan Department of Licensing and Regulatory Affairs and is required for any individual or business that wishes to conduct business under a different name than their official registered name. This includes corporations, Limited Liability Companies (LCS), Sole Proprietorship, and Partnerships. The process requires the business or individual to file a certificate of Assumed Name with the Michigan Department of Licensing and Regulatory Affairs. This certificate must be signed by the individual or business and include the name of the business, its address, and the names and addresses of all partners, members, or owners. The filing fee for this certificate is $10. Once the certificate is filed, the business or individual can now operate under the assumed name. There are three types of Michigan Adopting the Same Assumed Name: Single Assumed Name, Dual Assumed Name, and Multiple Assumed Name. A Single Assumed Name is when a business or individual wishes to use a name that differs from their legal name. A Dual Assumed Name is when a business or individual wishes to use two different names for the same business. A Multiple Assumed Name is when a business or individual wishes to use more than two names for the same business.

Michigan Adopting the Same Assumed Name (also known as Michigan Assumed Name Law) is a legal process that allows businesses, individuals, and other organizations to legally use a name that differs from their legal name. This process is regulated by the Michigan Department of Licensing and Regulatory Affairs and is required for any individual or business that wishes to conduct business under a different name than their official registered name. This includes corporations, Limited Liability Companies (LCS), Sole Proprietorship, and Partnerships. The process requires the business or individual to file a certificate of Assumed Name with the Michigan Department of Licensing and Regulatory Affairs. This certificate must be signed by the individual or business and include the name of the business, its address, and the names and addresses of all partners, members, or owners. The filing fee for this certificate is $10. Once the certificate is filed, the business or individual can now operate under the assumed name. There are three types of Michigan Adopting the Same Assumed Name: Single Assumed Name, Dual Assumed Name, and Multiple Assumed Name. A Single Assumed Name is when a business or individual wishes to use a name that differs from their legal name. A Dual Assumed Name is when a business or individual wishes to use two different names for the same business. A Multiple Assumed Name is when a business or individual wishes to use more than two names for the same business.

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FAQ

(5) The same name may be assumed by 2 or more limited liability companies or by 1 or more limited liability companies and 1 or more corporations, limited partnerships, or other enterprises participating together in a partnership or joint venture.

In trademark infringement cases, courts look at whether consumers would be confused by two businesses that operate in the same industry. Essentially, if your name is likely to cause consumer confusion because it's the same or like another business name, then you cannot use that name.

If the other business has already filed for a trademark or is registered to use that business name in your state, you won't be able to use that name, and you'll be required to change the name of your business.

When the same name is assumed by more than one entity, each participant corporation, limited partnership, or limited liability company must simultaneously file a separate Certificate of Assumed Name. The assumed name will be effective for the same period for each participant. 7.

Can two LLCs have the same name in the same state? No. The first limited liability company to register their business under a given name (or reserve it and register before the reservation expires) will claim the name exclusively.

As a formal matter, Michigan does not require the filing of a DBA designation on the state level. However, a foreign corporation or business entity that wants to use a name that is already registered will be required to file for a DBA.

Assumed names expire every 5 years from the date of filing.

It's possible for another LLC in a different state to have the same name as yours. In fact, there are many instances where multiple LLCs share the same name but are in different states, and this is totally legal!

More info

Domestic and foreign limited liability companies that are in good standing may adopt an assumed name electronically. Fees. View information to reserve a proposed corporation, limited liability company and limited partnership name here.The simple answer is yes, as long as the assumed name is properly registered. Review completed on day of receipt. No person may adopt any fictitious name which includes "Corporation," "Corp. An assumed name is issued to any business entity that uses a name other than the name(s) of the individual(s) who own or operate the business. A DBA and an assumed business name are the same things. The submitter must be the same for all documents being submitted simultaneously. Source Note: The provisions of this §79. On December 1, 2017, the Assumed Names Law (also known as "doing business as") changed.

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Michigan Adopting the Same Assumed Name