How to Publish Fictitious Business Name in Newspaper
Knowing how to publish fictitious business name in newspaper is important to do correctly.3 min read
Knowing how to publish fictitious business name in newspaper is important to do correctly. A fictitious business name doesn't use the owner's real one. When you register your doing business as name or fictitious business name, the process is specific to the city, county, or state.
What Is the Purpose of a Fictitious Business Name?
The majority of states have a mandatory requirement that a business take a fictitious name to register at the county clerk's office in the county where the company is located. You might also need to publish a notice of intent in order to use the name in your local newspaper. State laws often demand that a company publishes a fictitious name statement so the owner and business name are connected. This statement lets consumers find out information about the company's owner.
One example of a fictitious business name is if a person named Susan Jones begins a catering business called Catering Capers. This name is considered fictitious because Susan doesn't identify herself as the owner and is doing business under the assumed name.
Steps in Publishing a Fictitious Business Name
When you want to file a fictitious business name statement, you'll need to talk to your local county clerk's office to see how long the statement needs to be published for. The usual requirements are once a week for four weeks in a row, but laws differ in every state. The filing fee for this name varies from $10 to $1,000. You may need to also post a statement of intent in order to use a fictitious name in the local newspaper before the statement can be filed.
This is why it's important to check with the county clerk before the ad is run. There may be restrictions on what publications can be used, and you'll need to include specific information in your ad statement. You'll need to fill out the name registration statement with the following information:
- The company's legal name
- The contact information for the company
- The DBA name that's desired to use
If a consumer decides to file a lawsuit against a company, the statement shows who they need to sue by revealing their name. The published notice needs to run at a specific frequency and for a set number of weeks.
The statement needs to be published in a general circulation newspaper for the county where you'll be doing business, so you'll need to decide on which local newspaper to use. You might be able to ask the county clerk for a list of publications that are acceptable. You'll then take the copy of the statement to the newspaper so you can get a receipt and see when the ad will start.
Make sure to check that the statement got published and is being correctly printed. You'll also need to ensure it's been run for the correct length of time. If you see any errors, let the newspaper know immediately.
You'll also need a Proof of Publication or Affidavit of Publication by 30 days from the publication's end and file this with the office of the county clerk. Some newspapers may send the statement automatically, but you'll want to ask the county clerk to make sure it was received. Otherwise, you'll need to begin the whole process again if it doesn't get to the clerk within the correct timeframe. Some newspapers may also have an electronic system that handles the publication of statements.
This is done through the internet on the newspaper's website. You can put the required information from the statement in the electronic form and then pay for it with a credit card.
Newspaper Publication for a Newly Formed Company
Publishing a legal announcement is a type of classified advertising that's often governed by a local or state law. They are published in approved journals or newspapers that inform the public in a certain area. These journals or newspapers are picked based on where the business is located. Once the legal announcement is published, the journal or newspaper will then form an Affidavit of Publication.
If you need help with knowing how to publish fictitious business name in newspaper, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Stripe, and Twilio.