LAPEER COUNTY CLERK - Frequently Asked Questions regarding DBA's

BUSINESS NAMES

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Why do I need to file a DBA (Doing Business as Assumed)?

Can I use any name I want?

What if I do business in the next county?

I filed in this county; what if the next county has a business with the same name, now what do I do?

Can I use a different name in a second county that I am doing business in?

I need a DBA today for my bank, but I have my business incorporated, what should I do?

Can I file this business name with the county and state that I am incorporated? Example - Lakeshore Painting, Inc.

Can I file to do a DBA today and when my attorney has my corporation papers filed can I dissolve the DBA?

If I file a DBA in all 83 counties of Michigan will that protect my business name?

Can I file a DBA if I am less than 18 years old? No. Can I be a partner in a DBA?

How much does it cost to file my business name?

What do I do if I need to make a change on my DBA?

How do I change my address for the DBA?

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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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