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Fictitious Business Name

What is a fictitious business name?

A fictitious business name is a legal document that shows the operating name of the company that is different from the legal name of the company. In a case of corporation, a fictitious business name can be any name other than the corporate name that is stated in the articles of the corporation. Below is where you can read that many people who have had questions relating to fictitious business names have turned to Experts in order to find legal answers and information dealing with fictitious business name issues.

Where can someone register a fictitious business name in the state of Illinois?

When an individual is wanting to file a fictitious name where the business name is different than the owners full legal name, the Illinois Assumed Name Act does require sole proprietorships and partnerships to register with their local county clerk’s office. Corporations, LLCs, LLPs and limited partnerships register as an assumed name as part of their required business filing with the Illinois Secretary of the State.

If someone had a fictitious business name and was in business for three years, then shut down the business how could the business owner find out if the business name license and sales tax is still valid or would the owner have to re apply?

All the records should still be on the website of the Secretary of State in the state when they first applied for the fictitious business name, and on that website it will state if the business license is still valid. That is the same with the sales tax ID. In most cases even though this information is stated on the website, this person will more than likely need to re apply for an ID number, but they can check with the State Tax website.

In the state of California if someone chooses a fictitious business name, is there any law against using “& Co.” at the end of the business name?

In the state of California there is no law that stops someone from using “& Co.” after their name as their fictitious business name. Business & Professions Code 17900 c. specifically allows the person to use “& Company” in their fictitious business name.

If someone has a LLC that is operating in the state of California is it required to get a fictitious business name with the county in which the business is located?

If it is a corporation or LLC then this business can run under its own name without filing for a fictitious business name statement. If the LLC is using its own name, then it does not need to file. If the LLC is using a different name, then the business will need to file and publish a fictitious business name statement with the county in which the business is located in.

When applying for a fictitious business name or whether or not someone needs to file for a fictitious business name, often times that can be very confusing. For more information on how to file a fictitious business name or how to publish fictitious business name you can always contact the Experts online.

Ask a Business Lawyer

Law Pro
Law Pro, Attorney
Category: General
Satisfied Customers: 1750
Experience:  20 years experience in business law - sole proprietor, partnership, and corporations
11688690
Type Your Business Law Question Here...
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Recent Fictitious Business Name Questions

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    I recently agreed to be a signatory on my Company's business account in the absence of the owner - I do not have any shares etc., in the company - basically I'm the office manager. What could I be responsible for if the Company got into financial difficulties etc., and what course of action is needed to get my name removed from the Bank records as an authorized signatory? Your help will be appreciated - thank you.
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    Is rental income considered income if there is a mortgage on it and no equity. What if the house is in foreclosure and the loan is not being paid but the debt is still owed and one does not yet know what the outcome will be such as if will get to catch up and save house or short sale or end up getting a deficiency judgment.
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