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ST-03
Fictitious Name SCORE
Chapter 570 |
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FICTITIOUS NAMES |
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The Fictitious Name act protects those who deal with persons carrying on a business under an assumed name. It enables them to know with whom they are doing business. You may use your surname as your business name followed by the designation of the type of business in which you engage without registering under the act. PRINCE VS LEPPO, 47 D&C 2d (1969)...For instance...If William Jones conducts his business under the name WILLIAM JONES’ Radio Repair, or JONES’ Radio Repair he is not required to comply with the act since the public knows with whom they are dealing. HOWEVER... when the given name is used in conjunction with the type of business the person must register under the act STABINSKI VS. JARINSKI, 23 D&C 2d 741 (1961)..So if WILLIAM JONES does business as WILLIAM’S body shop, he must register pursuant to the Act. General Partnerships MUST follow the fictitious name act UNLESS the full name or the surname of ALL partners appears in the name. As per examples above. Limited Partnerships are subject to registration provisions of the Uniform Limited Partnership Act of December 19, 1975, P.L.524 No. 155. FURTHERMORE, registration IS
required when a name contains words such as COMPANY or ASSOCIATES
that indicate unidentified persons nay be conducting the business. ALLEMAN
VS. LOWENGART, 63 D&C 430 (1948). in which the
court held that a Trade is shown. Therefore JOHN DOE must register if he conducts business under the
following names.. JOHN DOE BAKING CO., DOE BAKING
Sample Advertisement....... (Sample from Bucks County Courier for your information only, not to be considered legal advice) In Call.... 1-800-479-8585 |
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BEFORE
or AFTER registering a Fictitious Name... you must advertise in TWO
Newspapers; i.e. one of general circulation in the county in which your
business will locate and one the legal paper in the same county.