LAPEER COUNTY CLERK - MARLENE M. BRUNS |
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BUSINEss names
Why do
I need to file a DBA (Doing Business as Assumed)?
The law
requires that a sole proprietor or co-partners file their business
(other than the real name of the person) at the county clerk's office [MCL
445.1]. The law also requires that corporations, limited liability
companies and limited partnerships be filed with the State of Michigan.
Therefore, corporations shall not be filed with county clerks. The
purpose of the law is to place on Public Record who is conducting or
transacting business under an assumed name.
Can
I use any name I want?
There are a
number of regulations that apply when a company is chosen. the general
rules governing names for Corporations, Nonprofit Corporations, Limited
Liability Companies, and Limited Partnerships only apply to those
entities. The Co-partnership Act and Fictitious Name Act require that
the name of a sole proprietorship or co-partnership cannot be the same
or similar to a name already on file with the county so as to cause
confusion or deception.
What if I do business
in the next county?
When you file
an assumed name as a sole proprietorship or co-partnership, you have to
file in each county in which you will be doing business.
I filed in this county; what if the next county has a business with the
same name, now what do I do?
If you find
that someone else is using the same name then you need to do some
research to find out how long they have been using the name. If they
have been in business for a long time, you might want to change your
assumed name so there is no confusion to the public. Filing your
business name does not create substantive rights to the use of that
name.
Can I use a different name in a second county that I am doing business
in?
If the
business is a separate business with a different name you would file
with the actual name you are doing business under. However, if you are
doing business with the same name as in the first county you should file
with the same name in the second county.
I need a DBA today for my bank, but I have my business incorporated,
what should I do?
If you are
incorporated, the only place you should file an assumed name is with the
State of Michigan; the same as your Articles of Incorporation. If you
need the name to be filed quickly, you may file using the new electronic
filing system, MICH-ELF. The instructions and application for filing
electronically can be found on the
State of
Michigan's website. When
using MICH-ELF, your document will be reviewed within 24 hours. the
bank should not be advising corporations to file at the county. You
might suggest that the bank call the Corporation division at (517)
241-6470 for verification of this information.
Can I file this business name with the county and state that I am
incorporated?
Example - Lakeshore Painting, Inc.
No. if you
are incorporated the only place you should file an assumed name is with
the State, the same as your Articles of Incorporation. Filings at the
county level are for sole proprietorships and co-partnerships only.
Can I file to do a DBA today and when my attorney has my corporation
papers filed can I dissolve the DBA?
You can file
a Reservation of Corporate Name with the State of Michigan to hold your
corporate name. If you are Incorporated, the only place you should file
is with the State.
If I file a DBA in all 83 counties of Michigan will that protect my
business name?
No. filing
your business name does not create substantive rights to the use of that
name. This is the same whether it is a corporate name, Limited
Liability Company name, Limited Partnership name, Sole Proprietorship
name or Co-partnership name.
Can I file a DBA if I am less than 18 years old?
No. Can I be a
partner in a DBA? No.
A person who
is at least 18 years of age is an adult of legal age for purposes of
signing contracts.
How much does
it cost to file my business name?
The fee is
$10.00, and the certificate is required to be renewed every five years.
The signatures on the certificate must be notarized. There is a $10.00
charge if our office notarizes the certificate.
What do I do
if I need to make a change on my DBA?
In order to
make any changes on an assumed name, a dissolution form must be signed
in front of a notary by those listed on the original form. Then a new
assumed name form can be filed under the same name with different owners
OR a new assumed name form can be filed under the same name with
different owners after the expiration date.
How do I change my
address for the DBA?
In order to
change the personal or business address registered for an assumed name,
an amendment form must be signed in front of a notary by those listed on
the original form.
Printable
Business Registration Certificate
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Page last updated on
10/21/2009 |
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