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Legal Definitions - assumed name

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Definition of assumed name

An assumed name refers to a name used by an individual or a business that is different from their official, legal name. For individuals, it might be a professional or artistic name. For businesses, it is often a trade name or brand name under which they operate, distinct from the legal name registered with the state. This is also commonly known as a fictitious name or doing business as (DBA) name.

Many jurisdictions require individuals or businesses operating under an assumed name to register it with a government office, such as the Secretary of State or county clerk, to provide public notice of who is truly behind the business.

  • Example 1 (Individual): Maria Rodriguez is a renowned chef whose legal name is Maria Elena Rodriguez. However, she publishes cookbooks and appears on television shows under the name Chef Mari.

    Explanation: In this scenario, "Chef Mari" is Maria's assumed name because it is the professional identity she uses in her culinary career, distinct from her full legal name. This allows her to build a recognizable brand under a specific, memorable moniker.

  • Example 2 (Small Business): David Chen owns a small carpentry business. While his legal business entity is registered as "Chen Custom Woodworking, LLC," he markets and operates his business to the public as The Artisan Workshop.

    Explanation: "The Artisan Workshop" is an assumed name for David's business. It's the public-facing name customers know and associate with his services, even though the formal legal entity has a different, more official name. David would typically need to file a "doing business as" (DBA) registration for "The Artisan Workshop" to legally operate under this assumed name.

  • Example 3 (Corporate Division): "Apex Financial Holdings Inc." is a large financial services corporation. One of its divisions, which specializes in online investment platforms, operates and advertises itself as Horizon Wealth Management.

    Explanation: Here, "Horizon Wealth Management" is an assumed name used by a specific part of Apex Financial Holdings Inc. It allows the division to establish its own brand identity and market its specialized services under a more descriptive and focused name, separate from the broader corporate identity of "Apex Financial Holdings Inc." The parent company would typically register this assumed name to ensure legal compliance and transparency.

Simple Definition

An assumed name, also known as a fictitious name, is a name a business uses to operate that is different from its official legal name. Many jurisdictions require businesses operating under an assumed name to file a certificate with a government office, such as the secretary of state or county clerk.