Monday, September 23, 2019

Businesses Operating Under Fictitious Names

Reservation of a business name does not register the business or provide any legal rights to the name. Once you have determined your business name, and how you will structure your business, you can set out to get all the proper licenses and permits. Prior to opening a business, a business name must be selected that is not already in use, and then registered. You may need the DBA to open a business checking account, and you will be able to get a business phone listing for your chosen business name. Many business owners can be understandably confused by the differences between business licenses and business formation. You may need to hire a branding expert if you are struggling to come up with a name that you like or if when you say the names you chose, your friends, family, and potential customers find it confusing.

A corporation might file a DBA to market a new product or service under a unique name. The directors set a vision for the corporation and are responsible for the management of the corporation. The registered agent may be a corporation as long as the corporation is authorized to transact business in Nebraska. A fictitious name is any assumed name, style or designation other than the proper name of the entity using such name. States allow corporations to use DBAs as long as the name is registered, and the public can trace the name back to the right business. The public must be able to see who is doing business and how to get in contact with that person.

A Fictitious Name is any name assumed by an individual or business other than the legal name of the individual or business. Although your business may not be able to register an assumed name or DBA, with one of the state or county agencies, there are other registrations that your business may need to make anyway which involve also listing of your fictitious business name. A Fictitious Business Name Statement is not required if the business name also contains the legal name of the owner, because the legal name of the owner is a clear way of distinguishing the business from others. We'll make sure the name is searched, reserved, the correct papers are filed, and that all fees are submitted in a timely manner. All businesses transacting under a fictitious, or alternative business name are required to file a DBA. Prior to filing a DBA, the business owner must ensure that the trade name is available.

An out of state business entity is any business entity created under the laws of a state or foreign government other than the Commonwealth of Kentucky. You must re-file every 5 years, paying the current fees, even if there are no changes. As you start your business, you must check on the availability of the business name you want to use in that state. The paperwork and regulations associated with starting a small business can be overwhelming, and unfortunately, the confusion begins as soon as you start working on a business name. Although a sole proprietorship is not subject to the same name availability rules as other business structures, you must still register the name of your business in most cases. Depending on the city and state where you conduct business, you may be required to obtain a business license.