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Understanding Florida’s “dba,” “d/b/a,” and “Fictitious Names.”

July 22, 2019

By: Aaron LeClair*

A fictitious name is any name you’re operating under that’s not the legal name of the company. The name you state in the articles of incorporation is your legal name, and a fictitious name is anything else you call yourself.

Most states require you have a fictitious name filing in the event that the name of your company isn’t in your title. For example, “Aaron LeClair Industries” would be perfectly acceptable in almost all states. Just “LeClair Consulting” would pass in a few, and “LeClair and Sons Consulting” would pass in none of them.

The reason for a fictitious name is namely consumer protection, protecting your name and is required for some legal rights such as accepting checks, opening banks and applying for loans in the business’s name.

Fictitious names for sole proprietorships or partnerships may be required by your local or state government if you are running “Flathead Pancakes” instead of “Aaron LeClair’s Pancake House.” This name cannot include any allusion to you being a corporation. A Corporation follows much the same rules but must include an allusion to a corporation in their fictitious name.

Filing for a fictitious name in Florida will cost $50.00 and can be done online here.

Checking for fictitious names of a corporation can be done here.

**Aaron LeClair, 2L Washington and Lee University School of Law. Aaron is a student at Washington and Lee University School of Law, studying Law, with an emphasis in business and tax law.

Client Reviews
★★★★★
Mr. Frank Lago provided legal counsel services for me to help review advisory agreements and in the creation release forms. Frank clearly explained any areas that I did not understand and provided excellent service. It was a pleasure to work with him and I look forward to engaging with him in the future. R. J.
★★★★★
My business partner and I are new small business owners. Legal aspects of business can be daunting, but from the first time we spoke to Frank, we knew that he not only was incredibly knowledgeable and professional, but also had our best interest in mind. We have been working with Frank for over a year and we could not be any more pleased with his level of expertise, his timeliness, his overall demeanor, and his ability to answer and clarify all of our questions and take care of all of our business needs. Frank is approachable, dedicated and most of all authentic. C.H.
★★★★★
Frank is very professional and thorough! Great experience and highly recommend him. D.S.