Business Registration/Assumed Names Frequently Asked Questions

The law requires that a sole proprietor or co-partners file their business (other than the real name of the person) at the County Clerk’s Office.  The purpose of the law is to place on public record the name of the person who is conducting business under an assumed name.

The Co-partnership Act and Fictitious Name Act require that the name of a sole proprietorship or co-partnership cannot be the same or similar to a name already on file with the county so as to cause confusion or deception.

When you file an assumed name as a sole proprietorship or co-partnership, you have to file in each county in which you will be doing business.

If you find that someone else is using the same name, then you need to do some research to find out how long they have been using that name.  If they have been in business for a long time, you might want to change your assumed name so there is no confusion to the public.  Filing your business name does not create substantive rights to the use of that name.

If the business is a separate business with a different name, you would file with the actual name under which you are doing business.  However, if you are doing business with the same name as in the first county, you should file with the same name in the second county.

If you are incorporated, the only place you should file an assumed name is with the State of Michigan – the same as your Articles of Incorporation.  The instructions and application for filing electronically can be found on the State of Michigan’s website, www.michigan.gov/lara

The bank should not advise corporations to file at the county.  For more information, call the State of Michigan Corporation and Securities Bureau at (517) 241-6470 for verification of this information.

No, if you are incorporated (example:  Lakeshore Painting, Inc.), the only place you should file an assumed name is with the State – the same as your Articles of Incorporation.  Filings at the county level are for sole proprietorships and co-partnerships only.

You can file your DBA if you are still a sole proprietor or co-partnership.  In the meantime, you can file a Reservation of Corporate Name with the State of Michigan to hold your corporate name.  If you are incorporated, the only place you should file is with the State.  Once you become incorporated, you may dissolve the DBA with the county.

No.  Filing your business name does not create substantive rights to the use of that name.  This is the same whether it is a corporate name, limited liability company name, limited partnership name, sole proprietorship name, or co-partnership name.

No, you cannot file a DBA or be a partner in a DBA if you are a minor.  A person who is at least 18 years of age is an adult of legal age for purposes of signing contracts.