Minnesota Cancellation of Assumed Name is a process by which a business owner can terminate the use of a fictitious name. The Assumed Name Certificate (also known as a DBA or Doing Business As) is the document that is filed with the state in order to use a business name other than the legal name of the business owner. A Minnesota Cancellation of Assumed Name is filed when the business owner wants to end the use of the fictitious name and no longer wants to be associated with it. There are two types of Minnesota Cancellation of Assumed Name: (1) Voluntary Cancellation and (2) Judicial Cancellation. Voluntary Cancellation is the most common and occurs when the business owner files the appropriate documents with the state and pays the associated fees. Judicial Cancellation is rarer and occurs when the court cancels the Assumed Name Certificate due to a legal action or dispute.
Minnesota Cancellation of Assumed Name
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FAQ
The best-case scenario for finding another business using your business name is holding a trademark for your name. If you are the trademark owner and your name is being infringed upon, you can file a civil lawsuit in either state or federal court.
Use this form to reserve a business name for 12 months. The Name Reservation does not register the business name. The name reservation may be renewed for additional twelve month periods.
Your certificate of assumed name does not expire. To make changes to your certificate of assumed name, you must complete and submit the Certificate of Amendment of Certificate of Assumed Name form.
How to search business filings Go to the Business Filings Online page to get started. Search by Business Name: type the Business Name in the search box, click ?Search? Search by File Number: click ?File Number? (above the search box), enter the file number, and click ?Search?
To complete the name change, submit the following documents to us: Completed DLI Licensed Business Name Change form. Copy of the amendment changing the legal name with Minnesota Secretary of State. Updated Certificate of Insurance showing the new legal entity as the insured.
In the case of a business owned by an individual, a ?fictitious business name? is any name that does not include the last name (surname) of the owner, or which implies additional owners (such as "Company", "and Company", "and Sons", "Associates", etc.).
If you choose a name that is too similar to the name of a competing business, that business may accuse you of infringing on its trademark rights. When that happens, you may be forced to change the name of your business. You may even be ordered to pay monetary damages.
Minnesota requires that all sole proprietorships and partnerships file a DBA with the Secretary of State if they want to operate under any name that is not the owners' own name. LLCs. All LLCs must register a DBA when purchasing and operating a new business that uses any name other than the LLC's name.