Definition: A legal document showing the operating name of a company, as opposed to the legal name of the company. In the case of a corporation, a fictitious business name is any name other than the corporate name stated in its articles of incorporation.
Fictitious Name Certificate
- Fictitious Name Certificate. Definition: A legal document showing the operating name of a company, as opposed to the legal name of the company. In the case of a corporation, a fictitious business name is any name other than the corporate name stated in its articles of incorporation.
What is the purpose of a fictitious name?
The Purpose of a Fictitious Name States require filing fictitious business names because they help inform the public about who actually owns the company. A fictitious name filing puts a business’s name and its owner’s identity on public record.
What is the difference between fictitious name and LLC?
A DBA is often referred to as a fictitious business name, and is the name most commonly used on marketing materials, advertisements and signage for a business. A limited liability company is a business structure used by a company to govern its operation and distribution of profits and losses to members at tax time.
What does fictitious name mean?
Legal Definition of fictitious name: a name (as John Doe) used in a complaint when the party’s name is unknown at the time of filing or when the party’s identity is being kept private.
What does it mean to have a 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.).
Should I register a fictitious name?
In other words, the public has a right to know with whom it is doing business. Therefore, any time that the name does not readily identify the owner(s) of the business, it should be registered as a fictitious name.
Is a fictitious name the same as a sole proprietorship?
Sole Proprietors are required by law to use their name as the legal name of their business. However, sole proprietors can operate the business activity under another name, a fictitious business name. ‘Doing Business As’, is optional, it is a fictitious name, used when you don’t use your own name to conduct business.
Can a DBA have two owners?
If your question is about what you think is a sole proprietorship, it can only have one owner. 1 There may be other individuals on such an account as authorized signers, but not as account owners.
Is DBA Better Than LLC?
The biggest difference between a DBA and an LLC is liability protection. On the other hand, an LLC provides limited liability protection. The business owners’ personal property remains completely separate from the business. In addition, a DBA does not provide any tax benefits.
Is a fictitious name a legal name?
Any name used for business (also sometimes called a trade name) that doesn’t contain the legal name of the owner/sole proprietor is called a fictitious business name (FBN).
How do I get a DBA certificate?
To do business under a DBA, you must complete and file the appropriate DBA forms and pay a filing fee, after which point you receive a DBA certificate. Depending on the state you may be able to file with a local or county clerk’s office, with a state agency, or both.
Do I need a DBA for my LLC?
If your business uses a name that’s different than its official legal name, you’ll need to register a DBA or “doing business as” name. You don’t need a DBA for your LLC if you use your LLC name as the business’s name, though. You may also need a DBA if you operate a sole proprietorship or general partnership.
What is the difference between a fictitious business name and a DBA?
DBA is an abbreviation of “doing business as.” In some states, businesses need to file for DBA or fictitious names to protect their customers. A fictitious name has the same meaning as a DBA, and both terms are interchangeable.
Can I use a business name without registering it?
You need to register a business name if you conduct business under a name other than your own. A business name, also known as a trading name, is a name or title under which a person, or other legal entity, carries on business. When you register a business name, you register it nationally.
Can you file a fictitious business name online?
You may request copies of filed Fictitious Business Name Statements in person, by mail, and online.