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Fictitious Name Registration FAQ's



What is a Fictitious Name and why do I have to register?

Missouri law requires any person or business entity who transacts business in the state under a name other than their own “true name” to register that business name with the Secretary of State’s Office as a Fictitious Name Registration.

For a sole proprietorship or partnership, a business name is generally considered “fictitious” unless it contains the last name and a recognizable form of the first name of the owner or all of the general partners and does not suggest the existence of additional owners. Use of a name which includes words like “company,” “associates,” “brothers,” or “sons,” will suggest additional owners and will make it necessary for the business to file. See Section 417.200 RSMo.

Other governmental agencies and financial institutions, such as banks may require you to file a fictitious name registration prior to obtaining any licensing, tax ID numbers or the opening of a business account.

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How and where do I register?

Online registration of a fictitious name with the Office of Secretary of State can be accomplished at https://www.sos.mo.gov/BusinessEntity/BusinessEntitiesOnline/Fictitious/.

To register your fictitious name by mail, obtain the registration form at http://www.sos.mo.gov/business/corporations/forms.asp. Completed the form, with the name of the business, business address, the name(s) of the owner(s) of the business and the percentage of ownership. After the completed form is signed by all of the owners (signatures must be original), the form may be mailed or delivered in-person, together with the filing fee of $7.00, to either the main office in Jefferson City, or any of the Corporations Division branch offices.

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What is the effective period of my registration?

A fictitious registration is good for five years and may be renewed at the end of that period. Renewals must be made in the six-month period prior to the date of the registration's expiration.

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If I register, am I the only one who can use the name?

NO. There may be an infinite number of businesses using the same name as there is no name protection under the Fictitious Name Act.

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May I change a name or address I have registered?

Once the fictitious name registration form has been filed with the Secretary of State’s office, it may not be changed or amended in anyway. In order to change any information, the current registration will need to be cancelled and a new fictitious name registration filed. The cancellation forms can also be obtained from any of our offices, or the web site.

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What are the penalties for not registering?

Failure to register your fictitious name is a misdemeanor under Missouri law and persons failing to register are subject to charges by their local prosecuting attorney.

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