A Fictitious Business Name Statement will allow you to legally "do business as (DBA)" something other than your full legal name. (This is called an Assumed Business Name statement in Illinois and a Business Certificate in Massachusetts.) Notifying the public that you are "Doing Business As" someone other than yourself (or as a "nickname" for your corporation or partnership) allows creditors to know who is responsible for the activities of the business.
The Statement or Certificate must be filed with your local County Clerk/Recorder's office within 30-40 days of your first business transaction. The filing of a Fictitious Business does not guarantee exclusive use of that name. Additionally, you are responsible for ensuring that the name you've selected does not duplicate a current registration or violate any trademark protocols.
In most counties in California, if you are doing business under a business name that contains your legal name (or the surnames of all owners) as part of the name, you will not be required to file a Fictitious Business Statement. For example, if your name is Charles Brodine and you plan to conduct all your business in California as Charles Brodine Co., you will not need to file a Fictitious Business Name. If, however, you plan to refer to your business as CB Company or Smart Database Designers, you will need to file a DBA. All other individuals and any partnership, LLC or corporation who does business as something other than their formal company name, must also file a Fictitious Business Name statement.
In Illinois, sole proprietorships and partnerships must register with the Assumed Business Names Unit if the name of the business is any name other than that of the owner. Similarly, in Cambridge and Boston, a Business Certificate is required for any person, partnership, or corporation conducting business under a name other than their own or corporate name. For example, Charles Brodine Co. would require the filing of an Assumed Business Name or Business Certificate in Illinois and Massachusetts. Each city in Massachusetts has its own rules on this matter. If you live somewhere other than those two cities, you should contact City Hall.
Prior to filing your company name, you should conduct a search of previously filed Fictitious/Assumed Business Names to ensure that the name you want will be unique. (Registering a trademark or copyright for your name or logo is a separate matter.) You may conduct the search in person at the Clerk's office for free. Many offices will also allow you to conduct a free search on-line or will conduct the search for you for an additional fee. As the filings are made with individual County offices, it would be wise to conduct a search of the name you want with neighboring counties as well.
Within 30 days of recording your DBA name, you will need to place at least one Legal Notice ad of your intent to "do business as X" in local papers. The Clerk/Recorder's office may be able to supply you with leads for local papers that will meet this notice requirement.
Below are links to contact information for various County Clerk offices. If you live in an area not listed here, contact your local County Clerk or Recorder's office for information on business filings.
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