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The Stepwise Tutorial to Assumed Name Certificate

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Must-knows concerningAssumed Name Certificate

so I like to welcome everybody to the.SBTDC webinar series this is Martin.ignite and I'm speaking to you from NC.State University.what give everybody a real quick update.of you know who the fb-22 is and we are.a business advisory service that covers.all 100 counties in North Carolina we.have a variety of types of counselors.I'm a general business counselor just.like what general describes that pretty.much cover anything you come up against.marketing operations human resource.finance strategic planning really.anything we also have government.procurement counselors and they help you.sell to the government and that state.federal local whatever level of.government you might be interested in.selling to we have international.business counselors and they help you if.you're trying to export a product or.service we have technology development.counselors so if you've created a.technology you're trying to.commercialize we certainly can help in.that regard as well and then finally we.have a really nice market research group.so if you need market research that is.secondary research meaning the.information has already been gathered.but we can help them find it well then.that's a real group to do that.what I would like for you to remember of.all that is if you have a question.anything going on your business you know.contact and SBTDC in your area we are.all affiliated with universities across.the state and there is an SBTDC near you.today we've got some dynamic individuals.here one is holly Yankers she's with.business link North Carolina and then.Haley Haynes from the Secretary of.State's office and I'm going to throw it.over to them now and let them introduce.themselves and we look forward to.questions that you have as you think of.them go ahead and type them in and then.we'll try to get those questions during.the next 45 minutes or so.so we're glad you're here and take away.ladies I'm a Hawley yanker and Mark.indicated and I'm with business bullying.which is an extension of the North.Carolina Department of Commerce and as.hopefully many of you know that we.provide free business consulting over.the phone.primarily but we also do web cases email.in person all kinds of events and our.role is to be the rules and regulations.folks to help you to get your business.started so that you're compliant with.North Carolina's regulation and we work.very closely with the Secretary of State.and so I'll let Haley explain more okay.Thank You Holly said my name is Haley.James I'm Deputy Secretary of State and.I oversee a number of the functions at.the department you know the Secretary of.State's office is business.infrastructure and capital formation and.so we provide the business.infrastructure and legal infrastructure.for folks who are starting to enter into.business for a lot of different entity.types and so one of the areas that we're.going to be talking about today are.assumed business names there was.recently a change to the law that began.December 1st of last year the General.Assembly's goal was to create a.statewide searchable online database of.all businesses using an assumed business.name prior to the change in the law.these were all profiled in the loft to.continue to have the file in 100.counties but each of those counties had.their own separate database there was no.commas combining or the ability to.search across databases and there was a.requirement and the law that you have to.in every killing that you were going to.be conducting business under and assume.business name you add you register.separately so potentially if you had a.statewide business you would have a.hundred register.patience required across the state that.could be costly correct yeah what they.see in every cam and every single County.so it was $26 times 100 plus you know.the hassle of getting into 100 different.all of us is no small thing and then of.course of that information change they'd.have to change it in a hundred places.and so when the General Assembly came up.with the goal to create a statewide.searchable online database they look to.our office because we have expertise in.database management and really keeping.up with lots and lots of business.entities and you know as folks on the.line they know we we are we are where.you register your LLC your corporation.or limited partnership your nonprofit.all those sorts of entities and now that.the General Assembly decided that having.the statewide database housed in our.office made a lot of sense so in order.to get the historical data all into one.database we were our office was asked to.look at a fiscal note to try and come up.with how much it would take to you.combine all those databases and it.proved to be very expensive and.impractical so instead the General.Assembly decided to cause everyone who.had filed they're assumed as the same.certificate or their DBA certificate.prior to December 1 2017 that they'd.have to file a new certificate under the.new law and so that's how we get to a.truly current database that has all of.them so that's what we're messing today.is those folks who have a pre-existing.certificate you might get to this later.but where are all those DBA folks.notified of that no they were not that.would have been extremely costly and.impractical as well there were a couple.of challenges there one is that these.certificates never officially expire so.it was very difficult to know who was.still in business or not so what we're.trying to do through this webinar and.other efforts is to get the word out to.the existing business community that if.you're operating under an assumed.business thing you need to come in and.file a new certificate at your local.Register of Deeds office and there are.some good things about the new you know.we know that it's painful for folks to.have to come in and we do that with the.briefing about the new law is that the.filing that you do in one County can be.effective for all 100 counties so they.change the law to make it so that you.could designate which counties you are.conducting business in and and the form.is a simple form where you can just.check off all 100 counties and then you.re registered and you're all good to go.by doing one filing for somebody to do.that in that they really learn in 100.counties I mean just to go ahead and do.it yeah because then you don't have to.go and rewrite to sort you decide that.your your territory is going to expand.and it doesn't make it easier and just.to clarify that what we're talking about.is if someone has a sole proprietorship.or a general partnership and they're.using the name different than their.legal given name then they definitely.need to file doing business as or a.fictitious name if they have a parent.company will refer to an LLC or.corporation or even a non-profit as.being a parent one parent can have as.many children four different names.underneath that so if your LLC is the.same name that you conduct business.there's nothing to worry about but if.you're conducting business under its.different names than the legal name.that's when you want to register or we.register in that case right and one of.the things that they've done to make the.execution of these documents simpler is.they remove the notarization requirement.so it's a simple signature that put.people can sign so that that's that.simplifies it provokes and the important.thing is that anybody who has an.the certificate get that reviled before.December 1st 2022 because that's the end.of the five five year transition period.where all the old certificates will.become ineffective on that day okay so.they have time but we still don't want.the wait to the last minute and there's.I want to forget to do it what will.happen then.well at that point then they no longer.have a registered assumed business name.and if they get into litigation or.someone having a hard time identifying.them then they can be liable for the.damages of the difficulty for being able.to be located that they've changed the.law about what the consequences are but.one of the consequences are you could be.- and someone could get damages for.having all the expense they have to go.to try and find you but I'll take it.lose that name so they'll take it right.well there's the thing about this law is.there is no uniqueness of name with this.law so it's best to go ahead and get it.registered because you could have some.common law trademark rightly but just.registering and assume different name by.itself does not give you any unique.rights to that name that you wanted to.unique rights to the name and you have.to get a trademark associated early most.people don't understand yeah I think.that's true but the law says that there.can be multiple name same name across.the database there's no uniqueness of a.suit business thing so you can have.Fred's plumbing in Fulton County and.Fred Fleming also in Buncombe County and.Fritz plumbing in Wade County they they.could all have the same assumed business.name but they have to have the true.information behind it to show who's.really behind that Fred's plumbing.operating in Asheville as opposed to.French plumbing that's operating in Wake.County and just to add to that so well.previously it was very important to have.a unique business name it's still a good.best practice for business to have a.unique business name because someone.bread's plumbing to use that as an.example might have a really bad.patient and so if you're starting Fred.slimming obviously it's good to have a.different name but now the unique.identifier is not in the name but it's.in the number because everyone will.receive a secretary of state.identification number also known on.other forms as SOS ID so sector state.identification number and that's the.unique part all right and in terms of.the existing DBAs or fictitious names.one of the reasons why rules and.regulations are often challenging is.because people use different names to.identify the same thing so the old DBA.forms certificate of assuming names or.fictitious names you can just think of.those as really being buried and you.want to start fresh with a new form and.that new form certificate of assumed.name for a sole proprietor or a general.partnership that can be found on.business links website and it's also.readily available so if you have.internet access the website for business.link is for letters dot gov and that CL.for business link and C from North.Carolina dot gov when you arrive there.you're going to see a horizontal green.line and there's a tab that says.business form because you're still.forming a business in terms of the name.and making that your own and you just.want to click on the business forms tab.what we did is we put a letter ABC under.each of the forms or I should say next.to each of the forms just to make it.easier because so many forms have very.long names so you just want form as an.apple so.go ahead if you filed one a year ago ten.years ago if you filed anytime before.December 1st 2017 then you want to.refile and use form as an apple you're.still going to take that one piece of.paper to your County Register of Deeds.and that is the same place as many of.you know for marriage certificates death.certificates notary real estate all.kinds of things so they guard all.important documents for that county so.you'll go to your county's Register of.Deeds with that piece of paper and file.it with them something that's wonderful.just highlight is you can now put up top.5 doing business as name on one piece of.paper and that's huge previously it was.one piece of paper per excuse me one.name per paper so now technically you.can do five names and I'm just one piece.of paper as we mentioned do you still.file it with the County Register of.Deeds then the county is responsible to.send an image of that to the Secretary.of State then what will happen is.anywhere that you can access the.internet you can look up your DBA doing.business s name something that clarifies.Secretary of State does an outstanding.job with all of the LLC's corporations.nonprofits and if we think of the.Secretariat State's website as being a.giant filing cabinet that there's one.drawer that specific to corporations so.LLC's corporations and nonprofits.and there's a separate drawer that's.available or assumed business name so.that's important when you're going to.look up if your name is available or if.your name is unique just in general you.want to make sure that you change and.look in the correct drawer for back lack.of better term and look at the assumed.business registration section clearly as.older people it's not actually a drawer.correct it isn't it is an online.database right so the way that the.database is set up yes because there is.no uniqueness of name between this and.business name it's in a separate.database than our Business Corporations.LLC database which has a uniqueness of.main requirements it's called.distinguishable upon the record so there.are two separate drawers as she said but.the way that you get to those drawers is.on our search function you can either.search by company which will get you all.the incorporated official legal entities.that we create or you can insert search.by assume business name which are all.the things that are filed at the County.Register of Deeds office so you can.search both of those and if you are.getting ready to start and main your.business you should search those just to.see what other names are being used out.there and as we mentioned the filing fee.remain 26 dollars and that has not.changed for many many years.Haylee already indicated it's a lot.easier because you do not have to have a.notary stamp and the beauty is now that.that name that you're filing on the new.certificate of assume business name form.that it is valid in all 100 counties.again previously it was one name perform.and it was only technically good in that.specific County so this is a super.positive thing.and you might ask why are we going.through this process well it anally.indicated each one of the Register of.Deeds in each of the 100 counties.none of those databases talked to.another database so it made it extremely.challenging to know if if you have a.good name or not or if there's 12 other.people named Fred plumbing for example.so this will be helpful how it's also.extremely helpful is often if people are.trying to obtain a loan in another state.a bank or mortgage company will want to.verify if the business is legitimate and.one way that they do that is to check to.see if the business name is filed or.registered previously no bank or.mortgage company would take the time to.look up a sole proprietorship in.Mecklenburg or in Surry County so now.this is beautiful.it's a one-stop shopping place to go to.the Secretary of State's online database.and the Secretary of State's website.very easy to navigate well thank you I.appreciate that.we just redefined our website that was a.major project we undertook in the last.few years so I'm glad to hear that so.with the change in the law the form has.been redesigned and I wanted to go over.that because what we have noticed is.some folks do get confused about which.name goes where so the first thing is.the base that folks first need to put in.is the assumed business thing that.they're going to be using so this is the.name that you want to engage in or.you're already engaging in in North.Carolina so that is that's your.operational name and then in.number two you put in the real name of.the person or entity that behind that.business so it could be individual it.could be LLC's it could be any number of.types of entities when it is a.corporation and LLC or limited.partnership anything that is registered.at our office because there are LLC's.and corporations that then operate under.an assumed name and that's critically.fine then what we need on this form is.the SOS ID number for that corporation.or LLC and what that allows us to do is.to be able to create a combined search.so we can link the assumed name with the.corporation name on our database so.that's an important piece of information.so your business records can be complete.on our site number three is the nature.of the business a simple statement of.you know as to what you're going to be.doing in that business it doesn't have.to be detailed but it should be.descriptive of what it is those were.doing yes could be a restaurant.gardening lawn service any of those.sorts of things doesn't have to be.detailed and these are PDF fillable.forms so that you can type it all in and.it will look nice and neat and then the.street address the principal place of.business and it's important that PA.boxes are not acceptable here we want.this is for where someone can be located.that it's conducting this business.that's a very important piece of.information and an important way of.distinguishing between entities let me.ask you one question there some.companies use UPS company and has a.physical address does that work for that.no it needs to be where they are.principally operating their business.unless they are principally operating.their business at a UPS store then I.would say no they should ought to be.giving the name where the business is.located more likely in those cases.bigger house that's right right and then.the mailing address if it is different.than the street.so you know we want to be able to make.sure that folks are trying to reach them.by mail they have a correct address for.us to do that and then a number six you.can see that is where you can lift the.individual counties you want the.certificate to be effective in or you.can simply check that all 100 North.Carolina counties and then that will.give you statewide registration for my.client that's what I would suggest they.do it doesn't need to be all hundred.that's right and you don't have any.issues with having to come back and.amend you know if you you do a small.subset and then you decide to expand.you're gonna have to come in in a min.your certificate to add more counties.and you can do that it should should you.pay a fee every time that you you have.to do that and I just wanted to.interject because I know in terms of the.address many people let us know gee I.really don't feel comfortable I don't.want my home address to be out there.because it will be public record one.thing to keep in mind it does not have.to be your home address it is some place.where you can receive mail and because.one of the concepts is is for some.strange reason someone wanted to sue a.business they would need to serve papers.to a physical location and it could be a.different location if you don't want to.use your home address just as long as it.is not a few blocks all right and so in.terms of signatures if you need to be.when it's an LLC or corporation there.are instructions that go with this.certificate and it tells you an officer.that you know someone who's in charge of.the corporation or the business entity.was fine on behalf of it it's a part.like a general partnership in any of the.general partners can sign and of course.help requires they just find themselves.but it's important that someone with.authority.sign that.there's also a new amendment certificate.and on this one you provide the assumed.business thing that you previously.registered you might be changing that.thing and so what you want to do is you.first provide the one that you've.already registered as well as the people.who are behind the entity and then you.provide the book and page number of the.filing cos each register feed has a book.and page number filing system you.provide that and the SOS ID number that.were the sign to the assumed business.name when it was sent to our office.which is easily located on our website.at SOS NC gov so and and then in number.five you can indicate which piece of.information you're changing it can be.any number and then in number six you.actually indicate how you're changing.that information because there's any.anything that you put on the original.certificate you can amend and change.yeah go ahead to the next client and.then the withdrawal of assuming.certificate is filed when you are no.longer going to be operating your.business under that assumed name so it.may just be that you're may not be that.you're going out of business but you.decide as that name no longer suits my.needs and so therefore you saw in you.file this withdrawal to signal to the.marketplace that me as a person I'm no.longer performing services or selling.items under this assumed name and that's.an important thing that you do want to.do when you decide to you no longer use.that and so you just fill that out.similarly to the amendment page and it's.very important to have that SOS ID.number that was originally assigned to.the assumed business name so we can't.show on our database that that name is.now withdrawn because as we've mentioned.earlier the names are no longer unique.we can't believe fine.we have to link by number to that.question there will be an example of.somebody doing that you mean with your.own okay so perhaps you have a okay okay.good example you have someone who is.operating as an LLC and under that LLC.they operate a number of businesses they.have a dry cleaning business and they.also have an event planning business.where they rank up linens and things.like that and so grass.although the LLC is really behind both.of them they are operating under the.assumed name of Halley's cleaners and.Halley's creative event and those are.the two different businesses that are.being that are branded under my LLC and.I decide I no longer want to provide dry.cleaning services it's not an economical.job I'm going to focus all my energies.on event planning and renewal of linens.instead of dry cleaning and so I would.follow withdrawal of the Halley's.cleaners name to signal to the.marketplace I'm no longer in business.under that name and but I would keep the.one that I've registered where I'm.keeping going with uh with the event.this would be an advantage of this.advant just to leave the other one out.there even we're not doing this anymore.well it's because someone could get.confused in other words so face someone.else goes into business using a similar.or same name and maybe they don't.perform like they ought to perform and.maybe they don't even register their.name right maybe they're just sort of.out of compliance with the law and so.when an unsatisfied customer wants to go.after the person who's behind the.contract that they didn't perform on.they go and look and they see Halley's.cleaners that's the only Halley's.cleaners they see and suddenly I get.served with papers when really it was.someone else operating under that name.who should have gotten so it's just.important to sit in going to keep it.clean.cliche with your corners it's just a.good way like you said a keeping things.nice and sweet all right you might be.asking yourself wow I have an LLC and.we'll just keep using our our Fred's.Plumbing LLC and I've got now a DBA.doing business as that I am going to.update and so do a new certificate of.assumed name form and maybe I'm doing.business as Freddy's types in that case.you would have two different SOS ID.numbers so anything that's in the sector.state's database and Haley indicators.will receive a unique number so that.part is key um one thing is many people.start off and they're trying to get.their business off the ground and.they're a sole proprietor to start and.then business is going great and they.want to reduce any kind of liability.because an LLC limits the risk of the.business to the business same with a.corporation and so you would just start.fresh and go ahead and complete the.articles of organization for the LLC.again any of the key forms or the.majority of the forms that you're going.to need for having a North Carolina.business are on our website.and again that blmc for business links.North Carolina gov you go to the.business forms tab and you'll look for.letter HSN happy if you're interested in.becoming an LLC once the LLC exists then.you can put other names underneath it so.I've had holly's ice cream and a sole.proprietor but I'm now getting bigger.I'm doing a food truck of holiest ice.cream so I want to become Polly's ice.cream LLC but I also might want to do.business as Paul shields delights and so.therefore I would have an SOS safety.number for my LLC I would have a second.SOS ID number for my DBA okay and it.stops here just for a second we do have.about half hour left and we do encourage.people to ask questions before we get to.the end and one has come in and it says.I formed my business prior to the.December 2017 date as a sole proprietor.DBA.I want to do an LLC now should I do an.LLC prior to rewrite and Merc sir I just.cheated because I read that and so the.example that I just gave is if you want.to become a limited liability company.you want to go ahead and do that first.again that would be form HS and happy.just happens to be articles of.organization you'll complete that and.then if you'd like to do business under.any additional names then after the LLC.exists then you would put the DBAs are.doing businesses it's much like building.a house the LLC is the foundation you.can't put a second floor or a DBA unless.you've got the parent or the LLC.established great section so the bottom.line is all of this is pretty exciting.granted that many people wouldn't be.exciting but in my world it is very.exciting that we'll have one mass.database of business names with the.Secretary of State and you might be.saying what happened if I forget or if I.just don't want to refil before December.1st 20 22 you may lose the opportunity.to utilize that name and it's really.more so for your protection in terms of.having doing business as names it is to.help clarify for North Carolinians and.others in the United States and globally.who you are what business you are by.name and so obviously a name is.extremely important and it's definitely.worthwhile to register your DBA yet new.with this new ruling any questions or.anything you can certainly contact.business linked North Carolina as I.mentioned we actually worked very.closely with the Secretary of State but.per general statute business link works.with all state agencies and with all.licensing boards whether that dental.medical we work with everyone and we try.and keep our database up-to-date on.rules and regulations so by all means if.you have any questions about DBAs or.just setting up your business please go.ahead and contact our 800 number 800 two.two eight eight four four three please.keep in mind that this is a free service.and there are only four of us that cover.the entire state we will respond we're.very passionate about making sure that.you have the right information we want.you to be successful the state of North.Carolina wants you to be.successful because that's the only way.that we can help improve the overall.economy is if people are being compliant.and people know about your businesses.okay and another couple questions have.come in I think I can answer one of them.it says if I registered my LLC before.this law went into effect and them using.the registered LLC name for my business.currently do I need to file a DBA farm.and the answer would be no no correct.and can I apply that I've been looking.at the data on our database and there.are a lots of so that who are mistaken.about they think or and sometimes their.banker or someone and telling them that.they have to take your corporation name.or their LLC name and then they have to.register at the county if you're.operating your business under the same.name that you have incorporated with our.office there is no need to file an.assumed name certificate the only time.you have to file an assumed name.certificate is when you're operating.your business under a name other than.your legal name your legal name your.birth certificate for a corporation is.the Articles of Incorporation that we.approve and so if you're operating under.that birth certificate name then you are.all good to go and you don't need to.make any filings at the county great and.also something came in a little late to.the webinar the question is where do you.get the SOF ID did that calm when you.registered for your DBA so the SOS ID.number is generated at the time that the.Register of Deeds sends us your filing.and the data that go along with it and.our system automatically generates that.and you can look it up on our on our.website great thank you hopefully that.answer the questions to this point all.right can you go forward - sure all.right so one of the things that you may.be asking yourself does sending the.filings to our database change whether.you where did you get certify copies of.them so the previously because it was.following Richards.but if you needed a certified copy of.your assumed business name certificate.or your DBA you would get a certified.copy from your Register of Deeds office.and that continues to be true because.the filing still happen at the Register.of Deeds office that considered the.official record so if your bank or some.other entity a grant grantee that you're.applying to needs proof of your.existence the certified copy comes from.the register Sandeep so one of the.questions that you may have is whether.or not a certificate that was filed.prior to 2017 whether it can be.withdrawn in this interim period and the.answer is yes so the law specifically.allows folks who have a pre-existing.certificate to withdraw the name under.under the previous law and that.information doesn't get sent to us.because that's all outside of our system.so your your register DS office can help.you with with that if that's the case.excellent and the next slide just gives.you a quick picture of the four people.that are behind business link North.Carolina and again that we are.interested in helping anyone about DBAs.or LLC's we certainly are not attorneys.and we're not lawyers but we do stay on.top of General Statutes ie the North.Carolina law when it pertains to.businesses and so we can at least help.to educate you on what options that you.would have so again a DBA if you're a.sole proprietor or general partnerships.you're going to register with the County.Register of Deeds doing a certificate of.a su name if you want to be an LLC or.corporation that's going to be with.sector states so bottom line there's two.ways that anyone can set up a business.in North Carolina one is through the.county and the other is through the.states through the Secretary of State's.okay and some follow-up questions on the.SOF ID if we registered our DBA in two.different counties would we have two.different SOS IDs and with those become.null if we register re-register for all.the counties now and do we need to.withdraw our previous DBA.you do not need to if he's continuing.then what he needs to do is simply.register with the new form in one County.the old ones are going to become.ineffective there were no SOS ID numbers.generated off the old certificates.because we don't have that data the only.data we have or profiling to happen.after December 1st 2017 so when he does.every registers he can check or put.helmet ever many counties he wants and.that will become his new and soon name.certificate and he doesn't have to do he.does not have to withdraw the old one.and someone asked if there will be a.copy of this slide that yes is the.answer we will put that on the website.so you have access to the information so.that's the end of the presentation of.the formal part We certainly have a few.more minutes in order to get some more.questions and I'd like to just clarify.we've had many people confused about.where to refile their County Register.excuse may refine out their certificate.of assumed name or fictitious name it is.definitely with the County Register of.Deeds we've actually received some.people's checks and unfortunately we do.not process any documents were kind of.b-41 one of directing you to the right.resources in the state.so again DBA go to your.County Register fee right and they don't.come to the Secretary of State's office.directly either we have had some folks.mailing teams in to us and so we have to.return those to folks at the proper way.that register one of these is just like.going straight to your County register.Keys right there in your home because we.obviously learn some really good reasons.why this is in place what are some.negatives about the law change well you.know it's unfortunate that there hasn't.been any resources put towards educating.the public the business public about the.change in the law and the fact that they.need to re-register that's why we're.trying to do things and we very much.appreciate the ability to partnership.partner with both link and the SBTDC to.get the word out to folks but the.General Assembly did not provide any.funding for that we're hopeful that they.will in future years because we don't.want people to be caught unaware and so.we encourage those who are on the line.we've heard about this tell their.friends tell other people that they're.in business with and help them by.directing them to be slide or to the.resources that Holly has mentioned that.blink have to answer any questions that.they may have great these will these.slides will be on the SBTDC website.which is SBTDC org but also beyond.blames website and also on our website.here we're trying to we want to provide.this information out as much as we can.good and again back to the sof ids.follow-up question is so if people can.have the same name under different sof.ids is there now no protection about.someone using your DBA name correct the.law specifically says that there is no.uniqueness of name by registering a DBA.there never have been.you just didn't you just didn't know so.we right yeah.and so the purpose of a DBA certificate.is to identify the real person behind an.assumed business name it is not to give.that real person exclusive rights to.that name.if you want to exclusive rights to the.name and you've got to go through.trademarking which we also do at our.office we register trademark but there.are a lot of rules around that that are.very specific so it really desire to.have your name protected and then that's.what you want to consult with an.attorney who specializes in trademark.applications and just to take that a.step further for trademarking that.there's two different flavors or two.different ways the Secretary of State.for just a mere $75 that you can.trademark your name in the state of.North Carolina and that's only for the.state of North Carolina.if you want to trademark your name in.all 50 states then you would want to go.through the US Patent and Trademark.Office which would be us he is impulses.and Tom owes an open dot gov and that.can become quite pricey because an.attorney it has to do a name search.we've heard people indicate that it's.anywhere from 10,000 to 30,000 dollars.plus we've also spoken to many.intellectual patent attorneys and.they've indicated that unless you're.trying to use the name McDonald's Disney.coca-cola that it does not it's rare.that things come up of concerns.obviously it's a unique world and.there's lots of people that like to.unfortunately sue others so it is if.you're really concerned about protecting.your name then you might want to.explore trademarking with the state or.with the federal government the u.s. PTO.gov I would I want to and I would.encourage folks that they're concerned.about that that is the best way to do it.but I want to encourage them while our.application fee is reasonable $75.the examination process that we go.through it's very similar to what the.USPTO does and so you are best off if.you have an attorney who specializes in.intellectual property or trademark so.that you can get through the process.successfully and with the least amount.of friction because they're very hyper.technical kinds of rules that go around.trademarks yeah there is an interesting.example there's a small town in Illinois.several years ago I'll open the business.going hamburgers and decided caught.Burger King mm-hmm he did not trademark.that name and then a company in Florida.decided to start making franchise called.Burger King I would say we know you know.perky Bryant they went to court and the.judge said well the Burger King really.filed that trademark first but the other.Burger King started first Frank and the.result was within a 20 mile radius at.that small town in Illinois the major.franchise Burger King cannot open a.Burger King so that guy is still.operating as Burger King right in that.small town right and that's called prior.deuce and it gives your first the person.who first uses it has a common law right.to trademark and so you can still have.you can felt Congress called common law.right to trademark without registering.it but then you have to litigate in.order to you know prove that right so.it's best to have it registered okay.another question is there any kind of a.press release that the folks on the.webinar could use to help spread the.word to the Office of Economic.Development.or chambers of commerce local papers.other organizations in their area we are.working currently I'm doing public.service announcements and we'd like to.pull together a one-pager right they.could there wasn't a press release done.around this well because there wasn't I.understand probably money related but.certainly we I think we can easily pull.together a one-pager on this and and get.that out and we would appreciate very.much the distribution of that.information far and wide all right and.then the st. all really has been asking.about the SOS IDs and he has a franchise.it's a DBA including my franchise name.so he assumes that the franchise name is.trademarked in the u.s. but these are.going to need to check that and there.you can you can go on the USPTO website.and do a search.always you don't love him I look it was.not necessarily the most user friendly.but you can find things here oh I.apologize it says that she's a she.nobody so here's an initial - I'm sure.okay we got about 10 minutes left so.we're going to ask for any final.thoughts from Haley and Holly and then.give you know anybody who hasn't asked a.question you need to get them down.because we're about out of time again.I'm excited this is a wonderful change.that people can go to one location.and look up LLC's corporations.nonprofits and now the sole.proprietorships general partnerships.doing business as underneath existing.LLC's and corporations this is.definitely a lot cleaner and smoother.and we certainly appreciate the.Secretary of State taking on.this additional work due to they their.true expertise with data management.thank you we've enjoyed working on this.project and have enjoyed working with.the secretary with the Register of Deeds.office to help get this information out.to the filing public and and so we just.hope that we'll get on it get on it now.don't put it off don't put it off.just as you have till 2022 because it's.easy enough to forget about we mentioned.that early on we need to do this now it.doesn't expire so once you're done.you're done if there's no annual filing.so yeah and in terms of when will these.slides be available on business links.website I will certainly work with our.webmaster and team I would say it's.certainly reasonable by Monday but we.will certainly try and make that happen.as quickly as possible since we are a.nonprofit entity we have outsourced many.aspects and our website happens to be.one of those so I'll be working with.others to make that happen and the SBTDC.we hope to get that up this afternoon so.we're going to link to your website.that's how we do that that way come on.our website and pull up the race the.webinar as well they want to hear more.about it one and just apply great our.dulcet tone and that will be the same.for business link and Haley and I will.work on some kind of a one-page document.so that you can officially share it with.as many people as possible well we'd.like to thank everybody who signed an.certainly we want to thank Haley and.Holly for taking their time out to come.over and try and educate you know the.folks on how to do this better and do.not forget that the SBTDC courtesy to.our state and then we have several.people online mentor on episode in the.Triangle area so think about talking to.the SBTDC.nearest you which is housed in a.University of North Carolina system.University and of course you can go to.our website to also find out where we're.located so we wish you well if you have.any questions call the numbers the 800.numbers and Holly is passionate about.answering your call and we hope you have.a great rest of your day.thank you.

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Assumed Name Certificate FAQs

Read the below common problems about Assumed Name Certificate. Speak to directly if you still have other queries.

Need help? Contact support

How to decide my bank name city and state if filling out a form, if the bank is a national bank?

If your bank is national but has a branch in your town/city you can enter your town/city as the bank's address. Your employer is not relying on the bank's address you enter on the form.

Where can I get the form for migration certificate?

If you are under CBSE board then go to CBSE regional office near you and ask for migration form and fill it then submit to cash counter (Less then 500rs). Same thing with Others

Is the registered agent representing the company as an individual or business?

This question is difficult to answer definitively because neither the state of formation nor the type of legal entity has been identified. Furthermore, it is not clear whether “on the State website” refers to (a) completing a form provided at that website or (b) using an online entity-registration process. I believe that the following are the principles on which a definitive answer to this question would be based: When you enter the name of a registered agent for your entity, you already should have made arrangements (most notably, with respect to payment) by which the registered agent has agreed to represent that entity. A required signature presumably would be that of an individual who works for (probably is an officer of) the registered agent company. That individual may be able to grant you authority to sign on his or her behalf. To provide a definitive answer to this question, one would need to examine (i) the scope of that individual’s authority and (ii) precisely which authority was, in turn, conveyed to you. It appears that you may be better off posing this question to, and seeking a detailed answer from, the registered agent.

What are pen names called?

What is a real name? A name that consistently represents who you are to the satisfaction of the community in which you use it.What is a fake name? A name that misrepresents you as being someone else (George H.W. Bush), or a name that intentionally avoids establishing connections or patterns of behavior (Anon User).TL;DR follows... In real life, you may have more than one real name. There's the real name that you fill into forms for employers and governments. There's the real name that your parents gave you (and may still use, even though you clearly resent it). Then there's the real name you Continue Reading

What does Kentucky mean?

I’m an atheist and an earth scientist, I’d love to visit the “replica” ark to admire the carpentry and the scale. I don’t begrudge the builder’s their religious intentions, though I might if I were a Kentucky tax payer. Any religious undertones to the exhibit would be of intellectual curiosity to me. I’d probably find my visit more interesting if there were exhibits focusing on the many flood myths from prehistoric legend, and on their possible basis in fact (e.g. the Black Sea Deluge). I think the outrage displayed by a lot of my fellow atheists regarding the ark demonstrates that, despite what Continue Reading

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