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The Stepwise Tutorial to Assumed Business Name Idaho Form

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Discover How to Fill Out the Assumed Business Name Idaho Form

but afternoon everyone and thank you for.joining today's call at this time I.would like to go ahead and introduce our.speaker today our speaker today is Alec.hello welcome Alex.hi Amanda thank you so good afternoon.everybody as Amanda said my name's Alex.hallo and I'm a member of CTS precedent.department present members RC tease.subject matter experts on business.filings and a variety of related issues.so I'm here today to present a webinar.on assumed business names what every.business should know I'm going to do a.quick overview and set an agenda for the.webinar in a moment but before I do that.I just want to mention it we have about.an hour for this topic or we do have an.hour for this topic and you're going to.see that you can submit questions and I.definitely encourage you to do so.but there's a lot to cover today so it's.possible that we won't be able to get to.those questions before our time is up so.what I wanted to mention is that if we.don't get to them what we'll do is.review all the questions that we get.after the webinar then we'll put.together answers to those and we'll.circulate them out to all the webinar.attendees later all right.so first question I'd like to address is.why a webinar and assume business names.well there's a lot of good reasons for.it they're widely used by businesses and.those businesses range in size from sole.proprietorships all the way up to large.multinational corporations it's also in.the area that's pretty heavily regulated.normally you're going to have to comply.with the state law in order to use an.assumed business name obtaining and.maintaining your registration and.complying with that law is complicated.or at least it can be complicated we'll.get into some of the reasons for why.that is later but one of them is that.you may be filing the registration in.multiple places and you may be filing in.multiple states depending on the.situation where you want to use that as.a business name finally there seems to.be a lot of confusion over what and.assume does the same.isn't so we're going to talk about a.couple of related concepts and try to.demystify that in a bit so what we're.going to cover today is we're going to.talk about what an assumed business name.is why they are used how when why states.regulate them some of the typical things.you'd have to go through in order to.register or renew an assumed business.name we're going to talk about some of.the penalties for non-compliance if you.fail to do it properly and we're going.to talk about name protection we're.really oftentimes lack thereof.whether by following your assumed.business name you're getting any kind of.an exclusive right to use it again.typically that is in the case but it.varies by state and then we'll talk.about some other issues that are worth.considering so before we move on I also.want to quickly say how we're going to.do this this webinar really is four.parts to it so the first part is going.to cover some of the assumed is the same.basics and talk about some related.concepts or concepts that it's easy to.get confused with an assumed business.name the second part is going to really.kind of get into the plumbing of some of.the statutory schemes that you're likely.to see so I'm going to talk about.typical characteristics that are common.across those statutes or just issues you.want to be on the lookout for anytime.you're looking at one of the statutes.and part three we're actually going to.compare the statutory schemes of three.states New York Florida and California.and my hope is that when we get to that.part as I'm going through that some of.the things we talked about in the.plumbing are going to kind of feel.familiar to and you're going to see how.those states are addressing each of.those issues that we've already talked.about in part two then finally in part.four we're going to take a look at some.various cases that deal with assumed.business names and sort of see how it.ends up coming up in litigation and what.some of the consequences can be if you.get it wrong for your for you or.possibly for your client so what is it.assume business name or at least what do.I mean by when I use that term.well what I mean is it any name for a.business that's other than its true name.or it's a real name or legal name so.it's regulated by statute in nearly.every state and for simplest names it's.very important to realize that the.terminology will vary in different.states so I'm going to be talking about.assume business names and use that.terminology but I want you to be aware.that depending what state you're in the.same concept might be called an assumed.name a fictitious name that could get.referred to as a doing business as name.it could even be called a trade name and.as we'll see a little bit that's one of.the things that terminology can be one.of things can make this a little more.complicated and confusing than it.otherwise would be so before we talk a.little bit about those issues let's.define what we mean by a true name the.true name again is going to be the the.actual legal name of the entity not just.a name that it's assumed for purposes of.doing business.so what the true name is is going to.depend on the sort of entity involved.for a sole proprietorship or an.individual business owner the true name.is the name of the individual so if I.were to do business in Georgia for.example where I'm at I would do business.as a sole proprietor under the name Alex.hallo if I was in a general partnership.or if you are general partnership then.your true name is the name of each.partner so if I were to get into a.partnership with our publications.attorney sandy Feldman.we might go by the name Alex hallo and.sandy Feldman although to be honest more.likely we we do it as Sadie Feldman and.Alex hallo recognizing she's the more.talented partner in that general.partnership if it's a statutory business.entity that it's going to be the name.that it's formed under in its home state.so whatever that name is that's going to.be the true and legal name for that.particular entity there's a little bit.of a twist here and this gets to one of.the concepts something to talk about in.the next slide let's say that you have a.name in your home state for example.let's say I were to form ABC flowers.incorporated in Delaware.and to get ready to expand into another.state and I go to qualify another of the.state but then come to find out that lo.and behold something else has already.taken the name ABC flowers Inc in that.state well in that situation the state.of want to qualify in May allow me to.qualify but they're very likely to force.me to adopt a fictitious name other than.ABC flowers incorporated so I might.figure out that for example CDA flowers.Incorporated is available so then I take.that on as my force fictitious name so.for purposes of that state really that.could be my true legal name in that.particular state so now my home state.but in the other state that I'm now.doing business and as a foreign entity.so that kind of brings us to one of the.concepts I want to parse out here a.little bit and make sure that when.you're looking in assume business names.that you don't get confused and think.you're dealing with assumed business.name and really is a forced fictitious.name so we kind of talked about the.scenario what this would come up but.when you're looking at different.statutes you can sort of tell which one.you're dealing with based on what the.statutes telling about telling you about.the requirements and added to comply.with it so an assumed business name.generally the use is voluntary but a.forced fictitious name use is going to.be involuntary or required because again.you're in a situation where the name you.might want to use simply isn't available.also Princeton is the same it can.usually be filed in either a domestic or.foreign state but the force fictitious.name are generally only a foreign entity.is going to be able to use that or be.required to use that for assumed.business name one entity might have.multiple a DNS but for for stick Tisha's.name generally you're only going to have.one for an assumed business name it may.or may not be have to be unique or.available for you in order to use it but.first for a fictitious name it will.definitely have to be unique and.available for use and finally for an.assumed business name it may not be.protected against used by others but for.a forced fictitious name it.we'll be protected that gets used by.others so again how do I wanted to sort.of talk about these two concepts is just.to make sure that you're aware of it.because if you've got a customer it.comes to you and is describing a.situation where it sounds like they're.being forced to pick a fictitious name.because I want a qualified estate you.don't want end up getting confused and.start looking at the part of the statute.that's really addressing assume business.names then vice versa if a customer is.asking you about trying to come up and.assume business name you don't want to.be confused and be looking at part of a.statute that's really talking about more.specific situation where you need a.force fictitious name so what can make.this more confusing or we're confusing.that already is.sometimes states will use terms for.different concepts interchangeably so a.good example that is that in some states.you might have the term fictitious name.referring to an assumed business name.and they may call for fictitious name.something like a conflict name or some.other term so the key here is just to.any time you're in the state looking the.statutes be thinking about the.underlying concepts and try not to get.too hung up or tripped up by the.different terminology that's being used.kind of a similar issue when it comes to.trademark you definitely don't want to.get these two things confused for an.assumed business name keep in mind it's.just a name that identifies an.individual or business any it's just an.alternate name that they're they're.operating under the trademarks a very.different animal and that's really going.to be a word a phrase of similar design.that identifies a source of a good or a.service and so a great example here.again a Georgia example would be.coca-cola so it's a business name but.it's also definitely a trademark it's.it's very very strongly associated with.a particular product or good or service.and it definitely has the weight of a.trademark pretty soon business name one.day you can have multiple assumed.business names and the same things true.for trademark there's a reason a given.entity can't have more than one.trademark but for an assumed business.name it may may not have to be unique or.available for use for trademark.must be unique or available for use and.that's part of the whole point of having.a trademark and as you would expect then.for a super business name may or may not.be protect against use by others but a.trademark is definitely going to be.protected against used by others from.that stuff the whole point of having one.okay so what can make that more.confusing it's a pretty to keep in mind.that there really are two separate.concepts the two could have a situation.where a company's started to use an.assumed name and at some point it takes.on so much forest and gets so associated.with the product to service that they're.doing that might make sense to then turn.it into a trademark or it could start to.get some of the characteristics of a.trademark another one to mention a.terminology issue some states law use.the term trade name when they're really.talking about a trademark kind of issue.other states might use the term trade.name when they're really just talking.about an assumed business name so again.you have to make sure that you're clear.about what the underlying concepts are.that you're working with here what your.customer is asking you to do and make.sure you don't get too tripped up on the.terminology being used or at least.you've got a clear idea of what the.terminology is in that particular state.okay I think we got to the first polling.question so I'll turn over to Victor.okay hello everybody and welcome to the.webinar.alex is doing a wonderful job and we.have up to question number one for.polling these need to be answered for.CLE credit and the first polling.question is the following terms have.been used for what we are referring to.as an assumed business name in at least.one state and our choice is our number.one assumed name number two fictitious.name number three trade name or for all.of the above and again this is for CLE.credit please enter your answer in the.pop-up box that just came up on your.screen and not in the Q&A box that's.reserved for questions that will.hopefully we'll be able to get to a.later on this webinar or we will answer.afterwards and the second polling mean.first polling question is the following.terms have been used for what we are.referring to as anis.business name and at least one state and.the first answer is assumed name the.second answer is fictitious name and the.third answer is trade name and then for.is all of the above I think I'll just.give you guys just a couple more seconds.here so that everybody can answer and I.think we're pretty close here I'm going.to close the poll and then going to push.the results and then Alex you'll be able.to see that indeed it looks like we have.a very smart crowd because they are all.answering number four excellent they're.all either listening or they knew.already.where they logged on to be logged on to.the webinar so yeah of course it.definitely is all the above you know.probably most states will use something.along the lines of assumed name but.fictitious name is definitely one that's.out there and there are even a couple of.states they'll refer to it as a trade.name okay closing that out let's see.okay so why do businesses use assumed.names we know that they do but what are.some of the reasons for it well it's.gonna vary a little bit by the type of.entity involved but for sole proprietors.and general partnerships they might want.to use an assumed name to give them a.little bit more privacy now they may.prefer to do business under name other.than their own personal name we'll see.later that there are some limits to that.because part of the reason you have to.register an assumed business name is.hopefully to make it possible for people.to figure out who you are if they have.some sort of dispute or need to get.ahold of you but it does give you at.least some privacy versus using your own.name you might want to do it in order to.be able to set up a business bank.account in a separate name you may.prefer not to have bank accounts that.are in your own name they could get.confusing make it more difficult and.more likely you might accidentally.commingle fizz's funds with personal.funds so you might may do it for.accounting purposes you might want to do.business under an Internet domain name.so if you're if you're doing that you.would want to register it as an assumed.business name to make sure that it's.clear that that's the name of you you.also use you may want a unique or more.descriptive name than your own.at some stage you can sort of tack.things on to the end of your own name.that might be a little descriptive but.you know it might be better just to have.a totally different.assumed name that says exactly what you.do now particularly it comes to the sole.proprietors and general partnerships you.want to be aware of possible client.confusion about what the assumed.business name really is because there's.some customers or some clients who might.want to do and assume business name in.order to save money and award.formalities from doing a corporation or.LLC it might be the case that that's.perfectly fine for them but when you're.talking about it with them you want to.make sure that they understand what the.limitations of it are you want to make.sure that they realize that just because.they have an assumed business name that.doesn't really mean that they set up a.separate entity of some sort or are.going to get any kind of protection.against possible personal liability for.debt to the business so you won't.explain that yes corporations and LLC's.have more complexities wisdom but they.also have those benefits you just want.to do that to make sure that they're.making an important decision and that.what you're doing for them really suits.what they're trying to accomplish so.what do other business entities use.assume business names well many.companies large and small will choose a.generic legal name maybe they start out.their lives with a name that's pretty.specific to a particular industry and.then spread it into something that's a.little bit more general so they might.want to go more towards a more generic.legal name but not want to have to.change their original or true legal name.and you can also have the opposite.situation where you have a business that.has a fairly generic name and you want.to make it a little bit more specific.because you want to reflect a particular.product or services to become a bigger.part of what you do and definitely there.are businesses that will do it in order.to take advantage of trends without.having to change their legal name and I.think coms a fairly I don't want to say.infamous example but certainly a.something with a big trend in the 90s.and there was even a lot of evidence.that by having calm to your name you.might improve your stock price and I.think that may be true to a little bit.more limited extent with blockchain if.you're if you're an IT company.kind of a hot technological area right.now so you might want to associate.yourself associate yourself with that or.just make it clear that it's a major.focus for you without having to change.your legal name some other reasons you.might want to make your name shorter or.easier to remember you might want to.reflect an expansion of services or.products you're kind of touched on on.the last slide you may be a large.corporation with multiple divisions and.different products so you want to use.different names for the for the.divisions that handle those different.products to help distinguish that in the.marketplace and you may also just want.to test the name out maybe you're.thinking about changing your your true.or legal name but you feel like well.we'll do this assumed name for a little.bit and see how it plays and then if it.really feels like it's right we can make.a full switchover later.additional reasons if you're a franchise.owner you might want to use an assumed.business name for marketing purposes use.some variation of franchise name I think.a great example would be if you want to.reflect regional differences.let's see you had a company that was.John sandwiches incorporated well.depending on where you are in the.country you might want to do business as.John Subs John's hoagies John's grinders.or even John's wedges depending on what.the local term for a sandwich might.happen to be.and you may also want to name the search.engine-friendly.or you want a name that you think at.some point you'll be able to trademark.you're not quite there yet but feel like.it's a good name you want to kind of.start using it and assume that this name.then maybe work it to the point where.it's worth pursuing a trademark for it.so why did states regulate us in.business names the most important thing.to keep in mind here is that their main.purpose is consumer protection they want.to make sure that the public knows who.they're actually dealing with so if.you're out there operating under an.assumed business name they want your.information to be registered somewhere.where it can be accessible so again it's.one of the limitations of privacy for a.sole proprietorship or partnership that.I mentioned earlier and that's important.for customers creditors your business.partners government agencies etc they.may need to get a hold of your real.real name and address so that means that.uh work really should keep in mind that.protecting the assumed name for use by.others is usually a secondary.consideration if it's consideration at.all so a lot of times that we're.thinking about it maybe we're thinking.about trying to reserve that the name in.some way should perform but that's not.really what the focus of the statutes.tends to be so it's important remember.because of that that is a client once.that sort of exclusive rights to assume.name you may have to take other.additional steps okay that really kind.of concludes the first part of the.webinar where we're just talking about.some of the basics so now I want to get.into the plumbing for state assume.business name statutes this information.is going to be kind of general the idea.here is just to give you a feel for what.are sort of the issues and concepts that.are out there that are in a lot of.different statutes so that if you're.dealing with one you have a some idea of.what to look for what things to see how.they've dealt with in that particular.state and on websites here I'm going to.do this a couple more times that this is.a situation where you always want to be.reading the statute and paying really.close attention to to what it says.because they are going to vary a good.bit so almost all states will have an.assumed name statute and generally those.are going to require some sort of.registration to the business name if.it's a name other than their true name.otherwise they really can vary greatly.so we mentioned before the terminology.can be assumed named fictitious name or.trade name they could also vary in where.and what to file the Kaveri and what.seas are involved whether there any.restrictions any required or prohibited.words whether there are penalties for.non-compliance and again the my theory.and whether or not there's any sort of.name protection associated with.registering these to business name so.what do you need to know well the first.thing is you got to figure out if you're.in a state it actually does regulate the.assumed business name and your default.assumption should be again since most.states do or virtually all states do.your stuff should should be yes there's.there's a regulation out there that.be aware of and take a look at then you.need to figure out what has to be filed.whether or not you're going to be able.to just file it and then it lasts in.perpetuity.or are you going to have to do any kind.of renewal filing and if so how often.you also need to figure out Emma we're.going to have to be required to amend.this or update this and if so what sort.of changes in the information and the.application would prompt that or cause.me to have to file an amendment of.course you want to know what the.consequences are non-compliance so you.can figure out you know and inform your.customer about why this is important.then finally you would want to know.whether the name is protected against.use by others so where you would follow.us in business name registration well.there's really kind of three.possibilities here you're going to be.filing on a state level on a county.level or possibly both so I'm going to.run through each of those possibilities.here fairly quickly for a state level.filing that's usually going to be the.same office where you'd file a formation.or qualification constants of the filing.you're going to be this going to some.standard information in there but.otherwise it can really a vary a lot.based on the state that you're in and.that you know generally is only more of.a problem if you're doing some sort of a.multi-state filing for this and business.name but just keep in mind you might.have to gather a variety of different.information if you're doing that usually.a separate filing is going to have to be.made for each name although there are.some exceptions I know can remember this.data off hand but I know there's at.least one state where you can file up to.five at a time and I'm sure there are.others but the default is going to be a.separate filing made for each name.generally that's going to be if you're.on the state level it can be filed.online or by mail and online is.certainly a trend for that it's becoming.more and more available and finally some.states require the assumed name to be.distinguishable and some do not.again that's usually going to be tied to.whether or not there's any sort of name.protection so if you see that they're.requiring it to be distinguishable that.might be a clue to you that that that.may be one of the characteristics of.names in that state if you're finally.gonna state whether it's county level.filing only.then the question is which county do you.have to file in and States differ on.this but some typical places reminder.required to file would be the location.of your principal place of business in.that state some other states might.require you to file wherever the.business is being done using the assumed.business name some states may say you.need to file in the county where your.registered office is located and then.finally the requirement might be the.following of any particular County if.you don't have otherwise have an office.in the state for example you may need to.file wherever the state capitals located.generally speaking.county level filings write they not even.generally speaking they're more.complicated than state level filings.because you know especially if there's.multiple accounting level filings.because the rules between different.counties can actually vary so let me.know be pretty similar but they may have.different forms or slightly different.fees or other things like that that you.have to take into account if you don't.have to do if it's just a state level.filing so finally the the third option.is really you could have a situation.where you have to file both of the state.level in at the county level a lot of.times if that's the case where are you.into filing depends on the type of file.so in some states individuals might file.in the county level so for example a.sole proprietorship or a general.partnership but other types of business.entities will be required to file with.the Secretary of State or wherever the.equivalent is in that particular.jurisdiction all right put your polling.question number two thank you Alex and.we're pushing polling question number.two to you this is for Cle credit please.answer in the pop-up box that will come.up on your screen that the Q&A box.that's for questions or the presenter.Alex and the first second polling.question we have is assumed business.name application should be filed number.one on the county level number two on.the state level three on both the county.and state level and four it depends on.the state and sometimes the entity.involved again these are for Cle credit.they need to be answered and answer in.the pop-up box please and polling.question number two is.assumed business name application should.be filed number one on the county level.number two on the state level three on.the county and state level and four it.depends on the state and some time for.getting some answers in there and I'm.gonna be finishing up just one one more.time to make sure we get everybody.assume business name application should.be filed at one the county level two.state level three county and state level.and four it depends on the state and.sometimes the entity.okay we're closing the poll and then.Alex are going to be sending you the.results again and it looks like we have.pretty much what we had last time.everybody on number four there we go.that's great and I think you're all.probably wishing that I was one of your.college professors at this point I could.get you some air.pretty straightforward questions and I'm.glad that you old or are nailing them.speaking of questions I'm going to take.a really quick opportunity but there are.a couple of general questions that came.in I'm going to answer really quickly.one of them is asking is it a sin.business name the same as a DBA and the.answer is yeah typically it is well not.typically it is and DBA stands for doing.business as name and that's actually a.term that gets used a lot when people.are referring to synthesis games and you.know particularly I think just a sort of.common terminology maybe maybe not.something you see in a statute but.that's what a lot of people know them as.and then another one in this actually.question we'll get into a little bit but.they're asking the true name has to.include an LLC or an Inc or some other.sort of entity identifier we'll talk.about that a little bit it's going to.depend a lot on the state so again you.need to be looking at your a particular.statute for that but I will say this as.a general rule sub states don't require.you to put that in there if they do.they're going to require you to be.consistent so in other words if you're.an LLC and you want to have an assumed.business name and you are going to use.in any entity identifier you're gonna.have to use LLC you can't be an LLC and.picking up soon.impliedly or something other than what.you are such as a corporation or a.partnership or anything else so.hopefully that makes sense we'll kind of.cover that again here in a little bit.but I'll try to be brief about it okay.some other issues to be aware of when it.comes to sort of the plumbing and things.some statutes are going to require you.to publish notice that you're planning.to use an assumed business name some.won't but you need to be aware that.might be a requirement you also need to.know that normally any business entity.that wants to use an assumed business.name it's going to need to be on file.with the state that you're in and it's.going to need to be in good standing so.you want to check and make sure those.things are true before you file your.application and again we just I just.kind of touch in this but I use it any.add any indicator and assume names.sometimes it's optional but if you are.allowed to use it or require to use it.they're also going to want you to be.consistent and make sure that you're not.implying that and your assumed name that.you're something different than what you.are in your true name or what you.actually are as an entity all right.amendments and changes to registration.what in the information of the.registration changes most states will.take different approaches any change in.information requirement that's.approaches some states will take that if.there's any change in information you.have to amend others will say the only.material information it changes a.material information will require an.amendment the trick there is figure out.what that particular statute that.particular state considers to be.material information just be aware of.that.and then another one would be that in.some states any material change will.require a filing of a whole new.registration so you really don't amend.you just follow up start over with the.new registration oftentimes there are.deadlines for updating after a change.frequently that'll be something like 30.days but again look at your statute and.figure out what the requirements are.wherever you're you're filing it's been.made also keep in mind that if your true.name changes that can actually trigger.the need for you to amend your assumed.business name registrations which makes.sense because one of the one is.registrations are typically going to.require you to say what your true name.is or who's the entity that's actually.behind these same business name.registration so as we talked about.before if your general partnership your.true name is typically the the names of.the members of the partnership so if you.have a change in general partner that.might mean that you've got to go out and.amend all your assumed business name.registration to be happening also.mergers or conversions can trigger that.sort of event especially in a situation.when the survivors receiving the.nonsurvivors.assume business name registrations as.part of it more in renewal and.expiration most states registrations for.a limited term so it's normally going to.be between one to ten years and five.years is really the most common there.are other states where registration is.perpetual so once it's registered you.maintain it until it's cancelled but.cancellations not always voluntary in.the sense that the statute might also.say that if you stop using it you need.to file something in order to cancel the.assumed business name renewable.generally is going to require some sort.of an application and the states will.vary on when that application can be.filed and that's going to range usually.anytime from 30 days out to say the last.year before the expiration we'll see.some examples of this later when we talk.about the specific States for to.California and New York something that.all states will notify you when it's.time to renew so I think the less the.message there is just don't assume that.they're going to do it they might but.you should really be making sure your.calendaring those dates and keeping.track of them to make sure you don't.miss them a publication might be.required particularly if it's required.for it was required for the original.filing so you may need to again publish.that you're going to use the name as.part of your renewal process it's.usually going to be filed in the same.offices the original filing but beware.that the laws in this area do change and.it's not not all that infrequent.especially right now I think there's.sort of some modernization efforts going.on so you just kind of want to make sure.that you look at it at the time of.renewal and decide where you need to.file based on that it's definitely true.the keeping track of multiple of certain.business names and multiple states can.be very challenging.so there are outsourcing options out.there or services that might help you.keep track of those sorts of things and.I believe CTE offers offers things along.those lines cancellation should be filed.if they assume does its name will no.longer be used and I think that's.probably just a pretty good general.principle in some cases will be required.but even if it's not particularly if.you're in a jurisdiction where there's.no real protection to the assumed.business name you might want to do it.anyway just to make it clear that you're.no longer associated with that name so.you don't accidentally get sued by.somebody who gets confused about about.whether another business is really you.far as protection of assumed names just.as a reminder name protection is really.not the main purpose of the assumed.business name loss so it's not a.guarantee and again frequently is not.part of the deal some states don't check.for distinguishability and again that's.going to be your clue if they're if.they're checking means you're probably a.seminarian protection if they're not.checking then you probably don't and.even when they do check it may be that.they're only checking your assumed.business name against other assumed.business names so you might have some.protection versus you know for somebody.else using that name if there's some.business name but that doesn't.necessarily mean that there wouldn't be.some other business entity out there.that had it as its true name or couldn't.come in use it as a true name which.could be a factor and some states will.check that's in business names against.both assumed business names and the.names of the other entities that they.have on file so and again that's.typically going to be a situation where.there's going to be some sort of name.protection and generally speaking states.don't check the suit name against.trademark registries either so just keep.that in mind and be aware that you want.to make sure you know go and register to.sue business name.might actually be a trademark for some.other company in and lead you to.problems they're typically there are.going to be penalties for non-compliance.and those can vary between civil.penalties or criminal penalties and you.obviously want to be aware of those it's.true that the most frequent penalty out.there is just going to be the inability.to file suit in courts in the state on.any kind of contract you've entered into.under the assumed business name at least.until you get it registered but again.for many states there are definitely.penalties on top of that did you want to.be aware of and should encourage you to.comply with the with the statute ok.we've kind of gotten through the second.part of the webinar we've talked about.the plumbing a little bit so I'm going.to talk about these three different.states New York Florida and California.and just kind of run through it again my.hope is that as I'm doing this some of.the concepts we just talked about in the.plumbing section are going to kind of.ring a bell in your in your head as.you're seeing how these different states.have implemented their assumed business.name statutes so when your first.question is there actually a statute.that does this yes it's section 132 the.general business law and it covers both.individuals and business entities that.want to use an assumed name what you.file depends on what sort of entity you.are if you're a corporation an LLC or an.LP you're going to file what's called a.certificate of assumed name if you're an.individual or general partnership or.other you would be filing a certificate.of business name or designation by.partners also where you file depends on.what sort of entity type you are if.you're a corporation in LLC or an LP.you're filing at the Department of State.level if you're not if you're one of the.other ones you're filing the county.clerk level and each county where you.conduct business all right for contents.of a certificate of assumed name which.is what you'd file if you were a.corporation LLC etc it's going to.require the exact name of the entity is.found on the filing receipt issued by.the department state so that's the.entity that's following the assumed.business name the state of its formation.could be New York could be different.state.the assumed name that at once and in.this case it can continue an indicator.but you can't include words it's a true.name can include so again if you're an.LLC you can't have it assume that the.same that says you're a corporation or.or vice versa or any other variation of.that you would follow you would list out.your principal place of business in New.York or if none your out-of-state.principal place of business you would.list all the county or counties in which.the business will be conducted and you.address of each location where business.will be carried on if your corporation.LLC or an LP you paid Stacey the.corporation is paying additional fee for.each county in which they will do.business this is the total fees capped.at 1900 but I was checking earlier today.and I actually think it should be 1950 I.think there's there's an extra $50 you.might be out but if you do that I.believe you'd be covered in all counties.in New York so that's why it's capped.off at that that amount the searchbar.top of the filing has to be displayed at.the premises where it's being used the.assumed name is being used and the.certificate has to be Amendment whenever.there's a change now there isn't really.any expiration date but you are required.to file a certificate of discontinuance.if you're no longer using the name or no.longer needs a name your penalties for.non-compliance well if you knowingly.conduct business under an assumed name.without filing that's a misdemeanor so.there is a actually a criminal penalty.involved and you also cannot maintain a.state court action on a contract account.or transaction until you get your.certificate straightened out as far as.name protection the department state.doesn't check on availability of an.assumed name so really there's not going.to be protection of the state level.County Clerk's might check the name.against others following the county and.rejected the names already been.registered but then one would assume you.could go to a neighboring County when.protection against somebody coming into.a neighboring County and using the.assumed name there all right Florida.moving on to Florida it's a little bit.different different scheme as you'll see.here so first of all does four to.regulate the assumed names yes.calls names assumed names fictitious.names so there's an example of a.variation of terminology that we talked.about before and if I know the.fictitious names act and it applies to.individuals partnerships corporations.LLC's and other unincorporated entities.what filed is an application for.registration of fictitious name and it's.filed at the state level in Florida it's.followed the Department of State the.contents of the application are going to.include the exact meaning to be.registered and it can include in any.indicator but it's not required again.though if you do use one it has to be.one that's that's accurate the.business's mailing address you also.would include Florida County where the.principal place of business is located.and you would list out each owner the.owner is the business entity it has to.be registered with the state and active.and if you have one you would include.your federal employer identification.number you have to publish your intent.to register that's required and you have.to do that at least once in the.newspaper in a County where the.principal place of business is located.and the application actually contains a.certification certifying that you did.that you complied with the publication.requirement for amendments and changes.any change to the fictitious name or the.owner requires the whole new.registration so you're pretty much.starting over from scratch there with a.new registration for expiration and.renewal it's valid for five years and.expires in December 31st to the fifth.year and you would file an application.for renewal fictitious name if memory.serves on that you could file it anytime.during that final year of registration.but don't quote me on that look at the.statute the registration can be canceled.if the name is no longer in use so it's.important to note that the filing of.certificate doesn't give you any kind of.name protection it doesn't reserve the.name for you in Florida the same way is.if you'd incorporated or formed an LLC.there again it's just an assumed name.for you.penalties for non-compliance a failure.to file is a misdemeanor so once again.there's a criminal penalty component to.that.and again you can't maintain any action.on a Florida Court until you get.yourself into compliance all right.finally California here's our third.example a little bit different than each.of the two that preceded it.so first questions is California.regulated sue names the answer of course.is yes it does it also called it in this.case a fictitious name rather than an.assumed name or a trade name or.something else and it's regulated under.the California businesses and.professions code applies individuals.partnerships corporations LLC's and.other associations and corporations.LLC's limited partnerships and limited.liability partnerships also have to be.on record as either a domestic or.foreign entity with the California.Secretary of State in order to be able.to file and assume business name.application so what gets filed.California calls it a fictitious.business name statement and its contents.are going to include if the fictitious.business name do you want and it can.include any appropriate and any.indicator so again has to be appropriate.for the underlying entity to use you.have to say what your California.principal place of business is if any.and if not you say what your principal.place of business is out-of-state you.have to include the name of the.registrant and whether the registrants.and individual partnership etc in other.words say what sort of individual or.entity is is following the registration.and you have to say what they do.commence business under that name so.again you want to ideally want to make.sure that that coincides your filing.coincides with the time you actually.start using the name where you file well.in California as opposed to New York we.found in both the state and county level.or afforda where you filed on the state.level in California you filed just on.the county level and typically that's.going to be the clerk of county in which.the registrant has its principal place.of business but if there's no principal.place of business then you would file it.in Sacramento County.you're also allowed to file in.additional counties but that's optional.might decide you want to do that just to.make sure you've got a little bit.broader coverage but really once you.follow in Sacramento you're you you're.in compliance in California at the time.of filing the registrant has to provide.their clerk with some sort of proof of.identity but the clerk's can determine.what sufficient proof so that's a.situation where you know it's possible.to what's required is going to vary from.Kennedy County something you would need.to keep in mind if you were doing a.multiple County filing in California for.some reason clerks can issue their own.forms and establish their own procedures.again just keep in mind it can vary from.filing office to filing office there is.a publication requirement so within 30.days of filing you're required to file.on the newspaper in the county where.you're filing or in an adjoining County.and an affidavit of publication has to.be filed with the County Clerk if.there's any kind of amendment or change.you're going to have to do a new filing.and publication Oh with the exception if.there's a change in the individual's.residence there's another exception if.you're a partnership if you have a.general partner withdrawing from the.partnership you can file a statement and.withdrawal but if you don't do that.otherwise you're going to have to do a.whole new filing as far as abandonment.if the fictitious names no longer being.used then the registrant is supposed to.file a statement of abandonment and an.affidavit of publication of abandonment.so you have a publication requirement.associated with that and for expiration.it's going to expire either.the earlier of five years from the date.of filing or 40 days after any change in.facts.they've been set forth in the.application and the other way it could.be would be if you actually proactively.filed a statement of abandonment and an.affidavit publication of that so those.are the three ways you can do for name.protection following a fictitious.business name statement doesn't.guarantee any kind of name protection or.exclusive use and there's really no.statewide index of fictitious business.things your penalties for non-compliance.are you can't maintain an action and.account of contract or transaction made.it.dishes name any California Court until.you're into full compliance so I guess.it's a polling question three Victor.thank you so much Alex and again these.are for CLE credit please answer in the.pop-up box that comes up on your screen.and these all need to be answered for.CLE credit holding question number three.is which states restrict an entity's.ability to maintain a court action in an.assumed business name if it fails to.properly properly register it and the.choices are number one New York number.two Florida number three California.number four all of the above these were.obviously referring to the slides Alex.just talked about will in question.number three please answer in the pop-up.box that comes up on your screen which.states restrict an entity's ability to.maintain a court action innocent assumed.a business name if it fails to properly.register it number one New York number.two Florida number three California and.number four is all of those and please.answer any Papa bucks not the Q&A box.release four answers for Alex I mean.questions for Alex and finally one last.time which states restricted an entity's.ability to maintain a court action in an.assumed business name if it fails to.properly register it one New York to.Florida three California and for all of.the above going to close it and I'm.going to send you the results Alex and.you're going to see we seem to be three.for three on number four excellent.excellent.yes it's definitely all the above.they're all of those days are going to.restrict your ability to maintain action.in court if you haven't followed the.rules and properly registered your her.sim business name at least in terms of.any kind of suit that is brought out a.contract related to that as soon.business name but should clarify that I.will see some of that in our next.section which is some court decisions so.these decisions are picked them out.partly because they're kind of fun and.they're always interesting but they talk.about the use of zoom.and talk about what what are some of the.consequences of getting it wrong or.sometimes a lack of consequences of.getting it wrong to be quite frank with.you but I went inside this the basic.lesson of all these cases is always read.the statute you can see some in some.situations there just seems to be.confusion about what's going on and the.parties money saved themselves some time.if they've been clear about the statute.and really thought about what the.statute said you're also going to see.that the courts look tend to look very.closely at the statute when they're.dealing with these sorts of cases.all right so nothing about 10 minutes.left so I'll kind of move through these.fairly quickly.but try to cover all of them ok first.case it deals with a failure to comply.it's JP Morgan Chase versus Simpson.Manigault it's Connecticut case.defendants claim that 4 million dollar.mortgage transaction was void based on.the lender sending the file a.certificate of trade name so the.defendants claim that the failure.results in the plaintiff not having.standing to foreclose on the mortgage.but the court held that under the.Connecticut training statute there were.three remedies a $500 fine one year in.jail and money damages under the unfair.trade practices law and basically the.court said look the statute doesn't.authorize us it just gives us those.three remedies it doesn't authorize us.to avoid an otherwise enforceable.contract so you're out of luck you know.we're going to go ahead and let the.plaintiff sue here and proceed even.though they didn't comply with the with.the statute the way they should have our.second case is also fair to comply and I.don't quite know how to pronounce this.but I'm going to go with the mooskaa.versus Summit Square rehab it might be.Lamaze cabin I'm not sure this is a.lawsuit that arose out of a shooting and.the plaintiff sued an LLC that provided.security services and its owner the LLC.LLC did business under various assumed.names without registering them the.plaintiff thought to have the owner held.personally liable and said look you.didn't follow sue names like you should.have you were doing business on your.names that weren't properly registered.so I got to be able to come after you.personally and hold you personally.liable even though you're operating here.technically as an LLC and the court said.no that's that's not the case these were.assumed names or.that were being used by the LLC and even.though it didn't properly register them.just because it failed to do that we're.not going to then say that it wasn't an.actual limited liability company and.hold the owner personally reliable.liable for this so it doesn't turn it.into a sole proprietorship so those are.really lots of cases or cases where.there was a failure to comply but the.party arguing that there'd been a.failure to comply didn't necessarily get.what they wanted out of it because the.court said look we're just looking at.the statute here and the statute only.goes as far as it goes and we're not.going to do anything that goes too far.beyond that or anything it's to.extraordinary Gallagher versus Best.Western cotton tree in in this case a.plaintiff was injured in a fall on a wet.floor and hotel the hotel operated under.an assumed name and it was a certificate.that was filed by the LLC that owned the.hotel however that LLC sold the hotel.and the new owner failed to file in the.assumed name certificate so the.plaintiffs served the former owner.rejected the service of process has said.look you're suing the wrong party.there's a new owner who needs it you.need to sue them they amended the.complaint to include the correct.defendant but by the time they serve it.the statute of limitations has run and.the suit gets dismissed on appeal the.plaintiff is seeking to have the.defendant a stop from asserting in a.statute of limitations defense because.it failed to file the assumed business.name certificate that it should and.that's what led to the delay in the.service of the process the appellate.court appeals court didn't agree to do.that it didn't say that.special limitations in apply but the.reason is because it found that under.the assumed business name statute the.plaintiff was actually allowed to sue.for her losses so in other words they.think they said look you actually have.an adequate remedy at law here under the.assumed business name statute so there's.no reason for us to go for some sort of.equitable remedy here they would.otherwise protect you it's an issue in.question there's what would have.happened if you know that remedy wasn't.part of the assumed business name.statute would you have gotten the result.like one of the earlier cases where they.said look you're just.what you have or where the court in that.situation is said yeah we are going to.go with an equitable remedy here because.otherwise it just doesn't seem like the.result will be just I guess we won't.know but this is an interesting case to.consider for that our next case ins.woods versus marcano the landlord held.property under his DBA what a lovely.home and it says half there it should be.what but what a lovely home was a.properly registered as a duty business.as name and would sued marcano and two.other defendants for eviction and.damages the evictions settled but the.child court dismissed the damages claims.and it reasoned that the property was.titled - what a lovely home not was what.a lovely home was a fictitious entity.and couldn't hold title the real.property in Ohio because of that and.therefore woods lacks standing either as.himself or as what a lovely home in.order to bring the suit the Hopf Court.of Appeals reversed that and remanded.and said what we have precedent on this.there is a difference between a.situation where you have a real person.who happens to be using an assumed name.or a fictitious name in a situation.where there's been a grant of real.property into an entirely made up or.non-existent person and they say look.the whole point of this is that you are.allowed to use alternative names and in.this case the the plaintiff had properly.registered that name but the court even.says that even if they hadn't done that.that wouldn't necessarily mean it.wouldn't be able to sue so they reverse.remanded next cases Renaissance electric.in this case both parties entered into a.contract and later amendment using their.assumed business names the dispute arose.which resulted in arbitration and the.arbitrator found in favor of the.plaintiff the defendant refused to pain.so the plaintiff wins a Chancery Court.and that affirmed the arbitration award.and then there's a round of Appeals and.on appeal the defendant asserted that.the contract wasn't bound because true.names were not used so in other words is.it saying look we made this contract in.our some business names it doesn't count.in the appeals court really not too.surprisingly rule for the plaintiff.saying that.of course getting into contracts under.your assumed name you know just because.you're using an assumed name the whole.point is that you're allowed to do that.here and they even noted that in at.least in Illinois even if the party had.failed to register their sim name they.could still be sue sue or be sued in.that name so in this case they had both.properly registered but in Illinois that.wouldn't necessarily made a difference.to the court so again they're looking.very closely at this statute and figure.out how that applies to the case at hand.okay finally I think this is our last.case it's drechsler corporation versus.gold and this one Drexel corporation.construction sought $5,000 for work done.in the Gold's driveway the Gold's argued.at trial that the contract was between.them and Drexler Land Development.Corporation not the plaintiff plaintiff.said look director Lane Development.Corporation that was our old name but.independent all dissolved prior to the.contract but we just kind of used our.old form you know we didn't worry about.it they used to be us and even though we.changed a different entity type you know.we just we just use our old contract.form so the trial court suggested to.Drexler tremendous complain to include.the alternative mean as a DBA which is.what Drexler did and then the trial.court found in Drexler's favor but on.appeal the New York Supreme Court said.not so fast there's a problem here.because you never registered.Drexler Land Development Corporation as.an assumed business name so you can't.maintain a contract to action in that.name so there's a situation where it was.even a kind of a logical argument that.this was the prior entity but the court.said no we're looking at this statute.statute says you need to follow to.business name and if you don't you can't.maintain a contract and anything so very.different result of what happened in the.prior case in Illinois but again the.point here is courts are looking very.closely at the statute and making their.decisions based on that.okay I think we're two polling question.number four our fourth and final.question and then we'll wrap up the.great great thank you so much Alex.pulled in question number four please.answer in the pop-up box that comes up.on your screen in an earlier slide we.suggested that the basic lesson of the.cases we discuss was number.one with great power comes great.responsibility.number two never get involved in the.land war in Asia number three always.read the statute or number four what.we've got here is a failure to.communicate all right this is phony.question number four please answer in.the pop-up box that comes up on your.screen.not in the Q&A box it's four questions.for Alex maybe should give you extra.credit if you know what the reference is.for item number two but we'll go here.again following question number four in.an earlier slide we suggested in the.basic lesson of the cases we discuss was.number one with great power comes great.responsibility to never get involved in.a land war in Asia no or challenge.somebody with ìokay and boys anine.that's another clue there when number.three always read the statute and there.before what we've got here is a failure.to communicate another one with an.illusion all right I think we have.everybody who answered here and we.actually have a couple people pick two.and four we're going to just for the fun.of it and I'm going to gonna push you.the oh god let's do that poll well the.details came up here we are and let me.push the results to you Alex sorry it.was number three of course always read.the statute yes of course that's really.the other ones are just different movie.quotes probably dated myself by thinking.a couple of them but hopefully people.will pick up on the references at least.some people will okay so really just.wrapping up very quickly and a little.time we have left.you know these Massoud names is.widespread and for a lot of good reasons.it's generally subject to state statute.registrations typically going to be.required if you do plan to use and.assume business name renewal amendment.and cancellation may be required and the.statutes very lot from state to state.and non-compliance has consequences.so hopefully you picked up on all those.concepts during this hour and I want to.thank you very much I appreciate you all.listening to me today so have a good.afternoon.

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Once complete, the document is ready for the next step. You can download it to your iPhone and email it. As long as you have a high quality internet connection, you can sign and send documents right away.

How to create an electronic signature for the Assumed Business Name Idaho Form on Android?

iOS has millions of of users, there's no doubt of that, but most cell phone users have an Android operating system. To meet the requirements, CocoSign has developed the app, especially for Android users.

You can recieve the app on Play Market, install it, and you are able to start signing documents. These are the key elements to sign a form on your Android device:

  1. If you already have a CocoSign account, sign in. If you don't have one yet, you can sign in using Google or Facebook.
  2. Choose on '+' to click the document you want to sign, from cloud storage or using your camera.
  3. Note the space where the signature must be placed and then use the popup window to put down your signature.
  4. Place it on the page, confirm, and save the changes.
  5. The final step is to send the signed document.

To send the signed form, just attach it to an email, and it will reach your colleagues right away. CocoSign is the best way to sign various documents every day, all at a comparatively low price. It's time to forget all about distinct mark on hard copy of doc and keep it all electronic.

Assumed Business Name Idaho Form FAQs

Read the below common queries about Assumed Business Name Idaho Form. Speak to directly if you still have other queries.

Need help? Contact support

I am from Nepal. Can I easily get my name enrolled in Tamil Nadu Institute? When do I have to fill the form, because we get our certificate of class 12 on August? How do I prepare myself for the entrance, and is the math question compulsory?

Hi, You can surely get enrolled in that Institute. You'll need to see their prospects to know more about the schedule and the syllabus of Match queries they'll put in front of you. BTW, which institute are you looking to get into ? Thanks for the A2A.

How do I set up an LLC in Idaho?

You can file it online at the ID Secretary of State portal: Secretary of State - Domestic Limited Liability Companies. ID State’s Filing Fee is $100. Or you can hire any business filing service of your choice to form your LLC.

How do I get a DBA in Idaho?

Mike, Chicago based financial programmer: Please stop asking questions you have absolutely no intention of reading or even give a crap about. You’re wasting space in people’s feed.

How do I fill out the N-600 certificate of citizenship application if you already received a US passport from the state department and returned your Greencard as the questions seem to assume one is still on immigrant status?

In order to file N-600 to apply for a Certificate of Citizenship, you must already be a US citizen beforehand. (The same is true to apply for a US passport — you must already be a US citizen beforehand.) Whether you applied for a passport already is irrelevant; it is normal for a US citizen to apply for a US passport; applying for a passport never affects your immigration status, as you must already have been a US citizen before you applied for a passport. The form’s questions are indeed worded poorly. Just interpret the question to be asking about your status before you became a citizen, because otherwise the question would make no sense, as an applicant of N-600 must already be a US citizen at the time of filing the application. (By the way, why are you wasting more than a thousand dollars to apply for a Certificate of Citizenship anyway? It basically doesn’t serve any proof of citizenship purposes that a US passport doesn’t already serve as.)

How do you get a business license in Idaho?

I grew up in Malaysia. In school text books, the generic name used to represent the three largest ethnic groups in Malaysia would be: Ali (for Malay) Ah Chong (For Chinese) Muthu (for Indians). Back then, there was an unstated policy to increase harmony among the different ethnic groups so these three generic names were used to represent three best friends. I read about them and wrote about them a lot. I don’t have any real life friends with the name of Ali, Ah Chong, or Muthu (though Muthu and Ali can be real life names just like how Jane or Joe can be real life names) There are female generic names Continue Reading

How does one run for president in the united states, is there some kind of form to fill out or can you just have a huge fan base who would vote for you?

Well, that depends. Why do you want the job? When you’re young, it sounds like something amazing to aspire to. But if you’re really going to put in the effort to run for president someday, you have to be prepared for a long, hard process. Just because you’ll be eligible at 35 doesn’t mean you’ll be ab Continue Reading

How do you get a small business license?

Because sometimes we over complicate things. It happens when a founder has an idea and decides this is his/her checklist: Pick a name for the business Build a detailed cash flow model Write a 90-page business plan Do a cost-benefit analysis Get an estimate for the total addressable market Get an estimate f Continue Reading

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