If you are required to register an assumed name for your business (to learn about who is required to register an assumed name, click here), it is important to follow through with all of the registration requirements. There are three basic step to registering an assumed name in Minnesota.
1. Fill-out Certificate of Assumed Name
Fill-out the Certificate of Assumed Name. The form is readily available online at the Secretary of State’s website. Filling-out the Certificate is usually not complicated; you need to provide the following information:
a) Exact (assumed) business name. The Secretary of State will not accept a name that duplicates either a registered name of a business entity (corporation, limited liability company or partnership) or a trademark already on file. Only one name per form is allowed;
b) Complete address of the principal place of business. A Minnesota address is preferable, but an out-of-state address may also be acceptable. P.O. Box is not acceptable;
c) Names and addresses of all persons conducting business under the Assumed Name. If such a person is a business entity, then provide a full legal name of the entity and the registered office address; and
d) Signature, date, printed name and title of one of the persons who are conducting business under the Assumed Name. An Authorized Agent may also sign the form as long as the Agent identifies himself as such (including the fact that he is authorized to sign the form). A contact information with respect to the form should also be included.
2. File the Certificate of Assumed Name with Filing Fee
The second step is to file the Certificate of Assumed Name with the Office of the Minnesota Secretary of State. A filing fee of $25 (in the year 2010) should be enclosed with the Certificate. The check should be made payable to the “MN Secretary of State”.
3. Publish Legal Notice
Once the Certificate of Assumed Name is filed with the Secretary of State, you must publish the Certificate or Amended Certificate of Assumed Name with a qualified newspaper for two consecutive issues in the county where the principal place of business is located. The newspaper should provide with detailed instructions on how to proceed with the publication. After the publication, the newspaper will return an affidavit of publication which should be retained in your business file.
Failure to publish may render the filing of the Certificate invalid.
Amendment of the Certificate
The Certificate of Amended Assumed Name form must be filed within sixty (60) days with the Secretary of State after any change in the assumed name, business or owner’s address, and ownership has occurred. The Amended Certificate must be published as described above.
Term and Renewal
A Certificate of Assumed Name is valid for ten (10) years from the date of filing with the Secretary of State. A renewal form should be mailed to the business address on file six months prior to expiration. There is filing fee of $25 (current as of the year 2010) to file a renewal.
Registering an Assumed Name in Minnesota usually is not difficult. It is important, however, to actually do it and follow through with all of the requirements, including the legal notice publication. If you have any questions with respect to registering your business name, contact Sherayzen Law Office to speak with an experienced business lawyer in Minneapolis.