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DBAs / FBNs
Doing Business As / Fictitious Business Name Statement
What is it?
This section will tell you how a Fictitious Business Name is defined, as well as who should file a Fictitious Business Name Statement.
The Definition of Fictitious Business Name is: A business name that DOES NOT include the surname of the individual owner, and each of the partners or the nature of the business is not clearly evident by the name.
For example, doing business under a name like:
Smith & Jones Associates or Smith & Jones Sons
would require a Fictitious Business Name be registered, even though the surname of the owner is stated, the words following the surname suggest other owners that are not specifically named.
HOWEVER, doing business under a name like:
John Smith Plumbing or Smith Plumbing
would not require a Fictitious Business Name be registered, because the owner (John Smith) is conducting business under his legal name.
In the case of a corporation, a Fictitious Business Name is ANY name OTHER than the EXACT corporate name as stated in the articles of incorporation.
When is it required?
Any person who regularly transacts business for profit, under a fictitious name, is required to file a Fictitious Business Name Statement with the County Clerk, within 40 days of first transacting business.
Fictitious Business Names are filed ONLY in the county where the business is located. Statewide registries do NOT exist.
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