What is a Fictitious Name?
A fictitious name allows a business to operate under an assumed name instead of its legal name. The Fictitious Names Act governs fictitious name registration in Pennsylvania. Under the Act, a fictitious name is any name other than the legal name of the business entity using it. Registering provides public notice of who owns the business. While using a fictitious name offers flexibility, adhering to the registration process is critical for legal compliance.
How to Register a Fictitious Name
The registration process includes:
- Preparing Form 311 Application for Registration of Fictitious Name. This form requires your legal name and address, the proposed fictitious name, and a brief description of your business.
- Verifying name availability. Search Pennsylvania’s database to ensure the desired name is distinguishable from other registered businesses.
- Paying a filing fee, typically $70-80. Additional documents are usually not required.
For example, if Al started a business called ABC Corp and later wants to use the name "Al’s Rugs," "Al’s Rugs" would be considered a fictitious name that requires registration.
Searching and Verifying Business Names
To find or verify a fictitious business name in Pennsylvania, you must:
- Register it with the Department of State.
- Ensure the name is not already in use by conducting a search in the Pennsylvania’s database.
- Follow through with the formal registration process to remain compliant with state laws.
Knowing the appropriate steps and legal requirements can help streamline the process and ensure that your business operates under its chosen fictitious name without any legal complications.