Trade Name Registration
Trade names are also known as fictitious names or "dba"s - short for "doing business as". In the State of Georgia, every person, firm or partnership that conducts business has two options regarding their name.
- The business name must include the last name of the individual owner of the business.
- If using a fictitious name (one not including the last name of the individual owner), the fictitious name must be registered in the office of the clerk of the Superior Court of the county where the business is located.
In general, corporations, limited partnerships or limited liability companies are not required to file trade name registrations as they are listed through the Secretary of State's office. However, if they operate under a different name from the one they are registered under, they will also need to file a trade name registration.
The trade name should be filed prior to commencing business and will cost $10.00. Contact the Clerk of Superior Court or refer to O.C.G.A. � 10-1-490 for the information required to register.
Similar to publishing your intent to incorporate a business, you must publish a notice of your trade name registration in the newspapers. You must also file the required affidavit. Notice of the filing of the trade name registration must be published once a week for two weeks in the legal section of the publication. The cost is $40.00. In order to run your legal advertisement, contact:
The Haralson County Gateway Beacon
P.O. Box 685
Bremen, GA 30110
770-537-2564
Failure to register a trade name will not nullify contracts signed by the unregistered entity. The court, however, is authorized to assess court costs against the parties who have failed to register the trade name or partnership name at the time an action is filed. Thus, the trade name registration prevents a company from having to pay all court costs in an action by or against a company. If you have a question as to whether your business needs to register a trade name, contact an attorney.
To file your trade name registration, contact:
Haralson County Clerk of Superior Court (Becky Robinson)
4485 GA Hwy. 120
PO Drawer 849
Buchanan, GA 30113
770-646-2005
NOTICE: The information contained within this publication is given for informational purposes only and should not be construed as legal or professional advice or assistance. Laws and information contained herein are from multiple sources and are subject to frequent changes. While this publication will be updated annually to capture those changes, you should consult a licensed professional when dealing with legal and financial matters regarding your specific situation. You should also verify the other information contained herein to be sure that you have the most current and accurate information.
