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What is a Fictitious Name?

A fictitious name also known as a DBA (doing business as) or a trade name are terms referring to the name by which a company is operating and the name it presents itself to the public. People generally create a fictitious name when they do not have a sole proprietorship and do not want to do business under their own name.

Why is it Required to Publish a Fictitious Name?

The purpose of having to publish a fictitious name in a newspaper in the county of its principal place of business is mainly for informative purposes. The publication statement allows customers to get the information about the owner of the fictitious name that was registered. If a consumer wants to file a lawsuit against a business, the publication reveals the person or company that he/she needs to sue.

Fictitious Name Publication Requirements in Florida

The fictitious name that you register with the Secretary of State Division of Corporations must be advertised at least once in a newspaper that is located within the county where the principal place of business is located defined in Chapter 50, Florida Statutes. If you have created your desired fictitious name and have not already published the name in a local Newspaper, then you are not in compliance per Florida Statute 865.09, Effective July 1, 2009.

What happens if you don't publish your Fictitious Name?

Failure to meet the publishing requirement may cause the entity to void and be disregarded by the state of Florida. If a business fails to comply, the business, its members, and those interested in doing such business may not maintain any action, suit, or proceeding in any court of this state until this statute is complied with. The failure of a business to comply with this statute does not impair the validity of any contract, deed, mortgage, security interest, lien, or act of such business and does not prevent such business from defending any action, suit, or proceeding in any court of this state. However, a party aggrieved by a noncomplying business may be awarded reasonable attorney fees and court costs necessitated by the noncomplying business. The Secretary of State does not require that you show proof but it is recommended that you maintain your publication documents in a safe place. Any person who fails to comply with a state statute commits a second-degree misdemeanor, punishable as provided in s. 775.082 or s. 775.083.

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