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What is an Assumed Name? A Comprehensive Legal Overview
Definition & Meaning
An assumed name, also known as a "doing business as" (DBA) name, refers to a business name that differs from the legal name of the entity operating it. Many states require businesses to file an assumed name certificate to officially register this name. This process serves to inform the public about the business's registered agent and provides a point of contact for official communications. However, filing an assumed name does not grant exclusive rights to that name or protect it from use by others.
Table of content
Legal Use & context
Assumed names are commonly used in various legal contexts, primarily in business law. They are essential for sole proprietors, partnerships, and corporations that wish to operate under a name other than their legal business name. Filing an assumed name certificate is often necessary to open a business bank account, as many banks require proof of the registered name. Users can manage the filing process themselves with the help of legal templates available through platforms like US Legal Forms.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A sole proprietor named John Smith wants to open a coffee shop called "Smith's Brew." He files an assumed name certificate to operate under this name, allowing him to open a business bank account and promote his shop.
Example 2: A partnership named "Green Landscaping" wishes to market their services as "Eco-Friendly Gardens." They file an assumed name certificate to use this name for branding purposes. (hypothetical example)
State-by-state differences
State
Filing Fee
Renewal Period
California
$40
5 years
Texas
$25
10 years
New York
$100
5 years
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Assumed Name
A name used by a business that differs from its legal name.
Does not provide exclusive rights; must be filed with the state.
Trademark
A legally registered symbol, word, or words representing a company or product.
Provides legal protection and exclusive rights to use the mark.
Fictitious Business Name
Another term for an assumed name, often used interchangeably.
Essentially the same; terminology may vary by state.
Common misunderstandings
What to do if this term applies to you
If you plan to operate your business under an assumed name, follow these steps:
Decide on a unique name for your business.
Search your local county's assumed names records to ensure the name is available.
File the assumed name certificate with the appropriate state agency.
Consider using US Legal Forms for ready-to-use templates to simplify the process.
If your situation is complex, it may be wise to consult a legal professional for assistance.
Find the legal form that fits your case
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