Florida Fictitious Name Registration Statute: Fictitious Name Act, s. 865.09(3) Registration
In accordance with Florida Statute: Fictitious Name Act, s. 865.09(3)(a) A person may not engage in business under a fictitious name unless the person first registers the name with Sunbiz (State of Florida Division of Corporations) by filing a registration listing:
1. The name to be registered.
2. The mailing address of the business.
3. The name and address of each registrant.
4. If the registrant is a business entity that was required to file incorporation or similar documents with its state of organization when it was organized, such entity must be registered with the division and in active status with the division; provide its Florida document registration number; and provide its federal employer identification number if the entity has such a number.
5. Certification by at least one registrant that the intention to register such fictitious name has been advertised at least once in a newspaper as defined in chapter 50 in the county in which the principal place of business of the registrant is or will be located.
6. Any other information the division may reasonably deem necessary to adequately inform other governmental agencies and the public as to the registrant so conducting business.
Click the following link to read the statute: Florida Statute 865.09
Florida Statute: Fictitious Name Act, s. 865.09(5) Term
(a) A fictitious name registered under this section shall be valid for a period beginning on the date of registration or reregistration and expiring on December 31 of the 5th calendar year thereafter, counting the period from registration or reregistration through December 31 of the year of registration or reregistration as the first calendar year.
(b) Each renewal under subsection (6) is valid for a period of 5 years beginning on January 1 of the year following the prior registration expiration date and expiring on December 31 of the 5th calendar year.
Florida Statute: Fictitious Name Act, s. 865.09(9) Penalties
(a) If a business fails to comply with this section, neither the business nor the person or persons engaging in the business may maintain any action, suit, or proceeding in any court of this state with respect to or on behalf of such business until this section is complied with. An action, suit, or proceeding may not be maintained in any court of this state by any successor or assignee of such business on any right, claim, or demand arising out of the transaction of business by such business in this state until this section has been complied with.
(b) The failure of a business to comply with this section does not impair the validity of any contract, deed, mortgage, security interest, lien, or act of such business and does not prevent such business from defending any action, suit, or proceeding in any court of this state. However, a party aggrieved by a noncomplying business may be awarded reasonable attorney fees and court costs necessitated by the noncomplying business.
(c) Any person who fails to comply with this section commits a noncriminal violation as defined in s. 775.08, punishable as provided in s. 775.083. By having us publish your fictitious name this can be avoided.
Registration Your Florida Fictitious Name Can Be Confusing
Registering a fictitious name in Florida with Sunbiz (State of Florida Division of Corporations) may seem straightforward, but understanding the specific requirements under the Florida Fictitious Name Act, s. 865.09 can quickly become overwhelming. To legally operate under a fictitious name, business owners must meet a variety of detailed statutory obligations:
Detailed Registration Requirements
Registrants must submit the fictitious name, the business’s mailing address, names and addresses of all registrants, and additional details for business entities, such as a Florida document registration number and, if applicable, a federal employer identification number (EIN) to Sunbiz (State of Florida Division of Corporations).
Mandatory Publishing
The law requires that the intention to register a fictitious name is advertised at least once in a newspaper within the county where the principal place of business is located. This step is often overlooked but is essential to the registration.
General Partnerships
For general partnerships that are not registered with Sunbiz (State of Florida Division of Corporations), the individual partners are considered the registrants. However, for general partnerships that are registered with Sunbiz (State of Florida Division of Corporations), the partnership entity itself is the registrant, and it must be in active status at the time of registration.
Strict Penalties for Noncompliance
Failing to comply with the florida fictitious name registration requirements means a business cannot maintain any legal action, suit, or proceeding in Florida courts until the requirements are met. However, noncompliance does not affect the validity of contracts or other business activities, though an aggrieved party may be entitled to reasonable attorney fees and court costs. Additionally, noncompliance is considered a noncriminal violation, which may result in fines.
Navigating these rules and restrictions can be overwhelming for busy business owners, which is why many choose our service to manage the process from start to finish, ensuring compliance and providing peace of mind when registering a fictitious name with Sunbiz (State of Florida Division of Corporations).
Why Choose Us for Your Florida Fictitious Name Registration
Registering a fictitious name with Sunbiz (State of Florida Division of Corporations) may seem like a simple task, but the process involves detailed legal requirements that can quickly become overwhelming. Our service is designed to help you navigate these complexities, ensuring that your business is fully compliant with the Florida Fictitious Name Act, s. 865.09, from start to finish.
Here’s why business owners trust us with their fictitious name registration:
Comprehensive Handling of Registration
We take care of all the required details with Sunbiz (State of Florida Division of Corporations), including submitting the fictitious name, your business’s mailing address, and the names and addresses of all registrants. If you are a business entity, we ensure that your Florida document registration number and federal employer identification number (EIN) are correctly included, so you don’t miss any crucial steps.
Publishing Requirement Managed for You
Florida Fictitious Name Act (s. 865.09) mandates that your intention to register a fictitious name must be published in a local newspaper. Many business owners overlook this step, but we handle the publishing for you, ensuring that all legal requirements are met.
Expert Handling of General Partnerships
For general partnerships, whether registered or not with Sunbiz (State of Florida Division of Corporations), we ensure that the right party—either the individual partners or the partnership entity—is listed as the registrant, and that your partnership status is active if necessary.
Avoid Penalties for Noncompliance
Noncompliance with the registration rules can prevent your business from engaging in legal actions and expose you to fines and attorney fees. Our service ensures you meet all the requirements on time, avoiding costly penalties.
Peace of Mind
Navigating the rules and restrictions of the Florida fictitious name registration can be daunting for busy business owners. Let us handle the paperwork, filings, and publishing, ensuring compliance and providing you with peace of mind when registering a fictitious name with Sunbiz (State of Florida Division of Corporations).
By choosing us, you will have the expertise and support needed to complete your fictitious name registration with Sunbiz (State of Florida Division of Corporations) accurately and on time, allowing you to focus on growing your business.
Our Fictitious Name Registration Process and Timeline
We simplify the registration of your Florida Fictitious Name with Sunbiz (State of Florida Division of Corporations) by handling both the state registration and the publication of your legal notice in an approved newspaper in the county where the principal place of business is located, as required by the Florida Fictitious Name Act (s. 865.09).
Our Registration Service Includes
• Drafting the legal notice for publication
• Publishing the legal notice in an approved newspaper in the county where the principal place of business is located
• Delivery of an electronic copy of the Affidavit of Publication
• Filing of the Fictitious Name Registration application with Sunbiz (State of Florida Division of Corporations)
• Email delivery of approved registration documents
• Step-by-step email updates
• Dedicated customer support
Registration Timeline
• Drafting and Publishing: Preparing and publishing the legal notice takes approximately 1-2 weeks.
• Filing with Sunbiz: Once the notice is published, we promptly file the Fictitious Name Registration application with Sunbiz (Florida Division of Corporations). Processing time is typically 2-3 business days.
• Affidavit of Publication: Delivery of an electronic copy of the affidavit takes about 2-3 weeks.
Our streamlined process ensures compliance and provides you with all necessary documentation.
Florida Fictitious Name Registration Pricing
Our pricing for a Florida Fictitious Name Registration with Sunbiz (State of Florida Division of Corporations) includes:
• Sunbiz (State of Florida Division of Corporations) registration fee
• Newspaper legal notice publishing fee
• Our service fee for drafting the legal notice, submission to the newspaper and registing the ficitious name with Sunbiz
The price listed in the order form is all-inclusive with no additional or hidden fees.