Common Mistakes With Assumed Names

In our experience, there are four common mistakes that businesses make regarding assumed names. First, a business uses a name other than the one filed with the Minnesota Secretary of State (SOS).  For example, the name of your business that is registered with the SOS is Days are Long, Inc., but your business uses “Beautiful Day” as your business name.  Under this common fact pattern, you must register Beautiful Day as an assumed name, and publish the assumed name.  Second, a business files an assumed name with the SOS, but the holder of the name that is filed with the SOS is not the actual holder of the name.  Most commonly, this occurs in the following context: Samantha registers her company’s assumed name “Beautiful Day” with the SOS. She believes that she has registered the assumed name as an assumed name for Days are Long, Inc. But, she lists the holder of the assumed name as Samantha Fox. By doing so, Samantha inadvertently created a sole proprietorship for Beautiful Day, and there is no assumed name for Days are Long, Inc. Third, a business owner properly files the assumed name with the SOS, but fails to have it published as required under Minnesota law. Finally, a business owner fails to annual renew their assumed name with the SOS.

Spangler and de Stefano, PLLP assists business owners with assumed names. Doing-it-yourself for something often seen as “simple” like an assumed name is often not “simple” and creates unintended consequences for business owners.

The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Spangler and de Stefano, PLLP and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.