If you are planning to start your own business, especially if you are interested in a sole proprietorship, you may want Spiegel & Utrera, P.A. to handle your Trade Name or Fictitious Name (commonly called a DBA or doing business as) (hereinafter "trade name").
A trade name is any name under which a person transacts business in the state other than his legal name.
Registering a trade name is valuable for corporations. The corporation may always use its name. If, however, the corporation wishes to use any name other than its name, it must file a fictitious name.
XYZ, Inc., a Georgia corporation wants to open a restaurant and called "Clucky Chicken". XYZ, Inc. must file a Trade with the Clerk of Superior Court for the County in which the Corporation has its principal office address in order to operate under "Clucky Chicken". By registering the trade name, the corporation may use its name or "Clucky Chicken". One advantage of registering a trade name is that you can obtain a Federal Identification Number for the trade name to enable you to open a bank account for the business under the trade name.
If a business fails to comply with the applicable Georgia Laws on trade name registrations, the results may be adverse in a court of law. A person who fails to comply with the requirements of Georgia Law on trade names may be charged with a misdemeanor of the second degree.
If you have a trade name now, keep in mind that a trade name registration will be effective for a period of five years and expires on December 31st of the fifth year.
We can help you register your trade name. Complete the form below and provide contact information, an associate of Spiegel & Utrera, P.A. will get in touch with you immediately: