How to Register a Legal Business Name

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Request information and forms from the state to register your business name.

When you start a business, you should have a unique name for the business that is distinguishable from the names of other businesses organized in the state. If you are starting a business as a sole proprietor, then the legal name of your business is your name. If you have created a business that must be registered with the state, then the legal name of the business is the name that you put on your registration document, such as the Articles of Incorporation or Articles of Organization. In the event that a sole proprietor wishes to use a name other than the owner's name or a registered company wants to use a name other than the name that is on the organizing documents, then it must register the name or it may be penalized.

Instructions

    • 1

      Obtain a name registration form from the state corporations division. The state corporations division is the department of the state government that regulates businesses within the state. In most cases, this division is located in the department of state, secretary of state's office or state department of revenue. Request information and forms from the state to register your business name. In some cases these documents are called "Trade Name Registration" forms, "Fictitious Name Registration" forms or "Doing Business As" registration forms. You can obtain the form by calling the corporations division or by downloading them from its website.

    • 2

      Make sure your business name is not already in use. Your business name should not be the same as another business that is in operation in the state, and it should be so different that it is not confused with another business in the state. You can request the state corporations division perform a search for business names over the telephone when you call to request the name registration form or you can perform the search using the corporations division's website in many cases.

    • 3

      Complete the name registration form. The forms vary from state to state, however, in most cases, the name registration form will require you to submit: the legal name of the business, the business name and address, the names and addresses of the business owners, the legal structure of the business and the purpose of the business.

    • 4

      Submit the form with the filling fee to the state corporations division with the filing fee. The filing fee will vary from state to state, but generally ranges from $50 to more than $100.

Tips & Warnings

  • When you call the corporations division to request the forms and information, ask whether you must also file paperwork with the counties in which you will operate your business. Some states require this, but not all.

  • Read all instructions that follow any name registration forms with the state because some states also require you to advertise your new business name registration in a local newspaper, legal publication or both.

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References

  • Photo Credit documents image by AGITA LEIMANE from Fotolia.com

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