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today's locator tip: fictitious business names

In Uncategorized on March 20, 2010 at 12:01 pm

If you’re searching for someone you believe may have operated a business under a fictitious business name, you’ll want to check the county business licensing records.  Many of these records will be open and some may be available by mail for a small fee.  Many banks will not open an account for an entrepreneur in any other name than a birth name or name that carries with it other documentation.  Fictitious names are sometimes called assumed name statements, trading as, or a “Doing Business As (DBA)”.  

The fictitious business name allows you to legally conduct business as a particular name at minimal cost.  You do not have to create an entirely new business entity. You can accept payments, advertise, and otherwise present yourself under that name. It may in fact be considered fraud if you present your business under a name other than your proper legal name without proper notification. Filing for an assumed name is so easy and inexpensive, there’s really no reason for not filing one and the likelihood that someone you’re looking for has taken this small step increases with the length of time they may have owned the business.  Here’s what you should find with the business licensing records:

- business owner’s name

- fictitious business name and address

- home address

- associates or references names and addresses

- whether the business is incorporated and in what state

- ownership arrangements (general partnership, joint venture, etc.)

- type of business

In some states you may also be required to register your assumed name with a state agency, but in most, registration is handled at the county level.  Each county may have different forms and fees for registering a name. The steps are easy.  One normally performs a database search to ensure the name is not already in use.  You submit a simple form, along with the correct filing fee where applicable.  Some states also require that you publish a notice in your local newspaper and submit an affidavit to show that you have fulfilled the publication requirement – this may be another resource for those looking for individuals. 

The name of the business itself can yield some powerful clues about the person you are searching.  Since proper use of a fictitious business name can be a powerful branding tool, most business people are advised to take advantage of it by choosing a great, easily identifiable name and then to use it at every opportunity.  If you’re searching in Florida for someone and you determine the business name might have been Gator’s Gardening, I would think it could be an indicator that your business owner may have also been a sports fanatic.  And sports fanatics go to sporting events, buy season tickets, read sports magazines, shop at team stores, etc.  Now you’re thinking!

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