I am trying to apply for a fictitious name to start my new computer repair business, but the the end of the application it says
"I further certify that the fictitious name to be registered has been advertised at least once in a newspaper as defined in chapter 50, F.S., in the county where the principal place of business is located."
I have no idea what they mean by this. Can you please explain what I should do?
Thank you so much!
Family Law Attorney
You have to do this so that if other businesses in the county already use that name, they can contact you and tell you not to use it, that they are. You have to publish a notice of intent to use that name. If you don't, and then use the name, you can be liable. Here are parts of the statute:
50.531 - Where to publish
No notice or publication required to be published in a newspaper in the nature of or in lieu of process of any kind, nature, character or description provided for under any law of the state, whether heretofore or hereafter enacted, and whether pertaining to constructive service, or the initiating, assuming, reviewing, exercising or enforcing jurisdiction or power, by any court in this state, or any notice of sale of property, real or personal, for taxes, state, county or municipal, or sheriff's, guardian's or administrator's or any sale made pursuant to any judicial order, decree or statute or any other publication or notice pertaining to any affairs of the state, or any county, municipality or other political subdivision thereof, shall be deemed to have been published in accordance with the statutes providing for such publication, unless the same shall have been published for the prescribed period of time required for such publication, in a newspaper which at the time of such publication shall have been in existence for 1 year and shall have been entered as periodicals matter at a post office in the county where published, or in a newspaper which is a direct successor of a newspaper which together have been so published; provided, however, that nothing herein contained shall apply where in any county there shall be no newspaper in existence which shall have been published for the length of time above prescribed. No legal publication of any kind, nature or description, as herein defined, shall be valid or binding or held to be in compliance with the statutes providing for such publication unless the same shall have been published in accordance with the provisions of this section. Proof of such publication shall be made by uniform affidavit.
50.051 Affidavit you need to get from the newspaper
The printed form upon which all such affidavits establishing proof of publication are to be executed shall be substantially as follows:
NAME OF NEWSPAPER
Published (Weekly or Daily)
(Town or City) (County) FLORIDA
STATE OF FLORIDA
COUNTY OF :
Before the undersigned authority personally appeared , who on oath says that he or she is of the , a newspaper published at in County, Florida; that the attached copy of advertisement, being a in the matter of in the Court, was published in said newspaper in the issues of .
Affiant further says that the said is a newspaper published at , in said County, Florida, and that the said newspaper has heretofore been continuously published in said County, Florida, each and has been entered as periodicals matter at the post office in , in said County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper.
Sworn to and subscribed before me this day of , (year) , by , who is personally known to me or who has produced (type of identification) as identification.
(Signature of Notary Public)
(Print, Type, or Stamp Commissioned Name of Notary Public)
Call the newspaper and ask for legal notices section, they will help you.
Here is a link to the Sun Sentinel that lets you register online to publish for $52.00 and gives you all the language.
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Your best bet is to a business lawyer to determine if a DBA is your best choice for your new business. There are many other legal issues that are involved in starting a new business as well, and you shouldn't neglect those. This site is not a substitute for your own counsel.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.
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