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A Limited Liability Company's Use of a Fictitious Business Name

Posted by attorney Justin Lowenthal

I am often asked whether filing the Articles of Organization to register a limited liability company doing business in the state is sufficient to do business under that company name, or whether a fictitious business name statement must also be filed. The answer is yes, the initial registration is sufficient!

However, if the LLC plans to transact business under a name other than that listed in its articles of organization, it must file a fictitious business name statement with the clerk of the county in which it has its principal place of business. It must also file a statement in any other county where it will transact business. Once a statement is on file with the county clerk, it must be published in a newspaper of general circulation in the same county once a week for 4 consecutive weeks. Within 30 days after publication, an affidavit of publication must be filed with the county clerk’s office. Fictitious business name forms may be obtained from the county clerk’s office of the county in which you intend to file or from the newspaper that will publish the statement.

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