Tuesday, January 22, 2019

Abandonment of Fictitious Business Name

A Fictitious Name Certificate is, a legal document showing the operating name of a company, as instead of the company’s registered legal name. In the case of a corporation, a fictitious business name is any name aside from the company legal name as expressed in its articles of incorporation.


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The Purpose of abandonment of business name certificate is to make available to the public a statement by persons or business entities who are no longer doing business under a previously filed fictitious business name (FBN). The abandonment of business name certificate must be filed on an active fictitious business name. When filing for an abandonment of business name certificate that contains multiple business names, you may abandon one or more of those business names. You need to publicize your statement. The FBN (fictitious business name) expires when you file for an abandonment of business name certificate.

A business and professions code of conduct follows that: (a) When a business stops transacting business in the state under a FBN that was previously filed in that state, the person who filed for the fictitious business name certificate shall be the one to file for the abandonment of business name certificate. It also furthermore states, that the certificate shall be executed in the same manner as that of the fictitious business name certificate and shall be filed with the county clerk of the county in which the person had filed for their FBN. Also a published statement for the abandonment of business name certificate shall be released in the same manner as for the fictitious business name statement and an affidavit showing that it has been publicized shall be filed with the county clerk after the completion of publication.




When filing for a certificate of abandonment of business name it should include: (b)The name being abandoned and the street address of the principal place of business. The date on that the certificate of fictitious business name relating to the fictional business name being abandoned was filed, the file number, and the county where it was filed. In the case of an individual, the full name and residence address of the individual is required. And, In the case of a husband and wife, the full name and residence address of both the husband and the wife is required. But, What about in the case of a general partnership, a limited partnership, copartners, a limited liability partnership, a joint venture, or an unincorporated association other than a partnership. In an instance such as that, then you will need the full names and residence addresses of all of the general partners. There are many other instances such as in the case of a corporation, here you will need to provide the name and address of the corporation as set forth in its articles of incorporation on file with the secretary of state. for the case of a trust, the full name and residence address of each of the trustees is required. And least but not last, for a limited liability company, here you will need the name and address of the limited liability company as set forth in its articles of organization on file with the relevant state authority. And finally, in the case of a state or locally registered domestic partners, the full name and residence address of each domestic partner is what is required filing for the Abandonment of Business Name Certificate.

When filling for the abandonment of business name certificate it is advised that your fictitious business name statement must be published in a newspaper once a week for four successive weeks and an affidavit as proof of the publication be filed with the county clerk once publication has been accomplished. The statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement ought to be released in such county with a well-established newspaper that circulates within the surroundings of where the business is to be conducted. furthermore, any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and might be liable to be fined.

This article explains the Certificate of Abandonment Business Name and how to apply for it. This letter and and others like it are available at the Business Own Corporation MIND Repository

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abandonment


əˈbandənm(ə)nt

noun

the action or fact of abandoning or being abandoned.

"she had a feeling of utter abandonment and loneliness"

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