Legal Definitions - fictitious business name

Fictitious Business Name

A fictitious business name, often known as a "Doing Business As" (DBA) name, is a business name that an individual or a legal entity uses that is different from their own official legal name. For an individual, this means operating a business under a name other than their personal full legal name. For a company, such as a corporation or a limited liability company (LLC), it means conducting business under a name other than the one officially registered with the state when the entity was formed. Using a fictitious business name typically requires registration with local or state authorities. This registration serves to inform the public about the true owner or entity operating the business, ensuring transparency and accountability.

Here are some examples illustrating how a fictitious business name works:

• Example 1: An Individual Entrepreneur

  Maria Rodriguez is a talented baker who decides to start selling custom cakes from her home. Instead of operating under her personal legal name, she wants to brand her business as "Sweet Delights Bakery." Since "Sweet Delights Bakery" is different from her legal name, Maria would need to register it as a fictitious business name (or DBA) with her local county or state office. This allows her to market her business under a more appealing brand name while still legally identifying her as the owner.

• Example 2: A Corporation Expanding its Offerings

  Tech Solutions Inc. is a corporation legally registered to provide IT consulting services. They decide to launch a new division focused specifically on developing mobile applications. To give this new division its own distinct identity and brand, they want to call it "App Innovators Studio." Even though "Tech Solutions Inc." is the legal corporate entity, "App Innovators Studio" is a fictitious business name because it's different from the corporation's official registered name. They would register "App Innovators Studio" as a DBA to operate this new venture under its chosen brand.

• Example 3: A Partnership Opening a New Location

  Green Thumb Landscaping, LLP is a partnership that has successfully operated in one city for years. They decide to expand into a neighboring town and want to market their services there under a name that sounds more local and appealing to the new community, such as "Valley Garden Services." Since "Valley Garden Services" is not the official legal name of the partnership (Green Thumb Landscaping, LLP), it would be considered a fictitious business name. The partnership would register "Valley Garden Services" as a DBA in the new location to legally conduct business under that name.