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A Fictitious Trade Name is required if a business is conducted
in Virginia under a name other than the owners' legal name. An
assumed or fictitious name certificate must be filed in the
office of the Clerk of the Circuit Court in each county or city
where business is to be conducted. No person, partnership, limited
liability company or corporation may conduct or transact business
in the Commonwealth under any assumed or fictitious name until
they file a certificate in the Circuit Court Clerk's Office
in the county or city in which their business is conducted pursuant
to §59.1-69 of the Code of Virginia.
Businesses registered with the State Corporation Commission
may file a Trade Name at the local level if it is conducting
business under a different name other than the name that is
registered with the State Corporation Commission. If you are
conducting business under the name registered with the State
Corporation Commission, you are not required to file a trade
name on the county level. The types of businesses registered
with the State Corporation Commission are General Partnership,
Limited Partnership, Foreign Limited Partnership, Corporation,
or Limited Liability Company.
Businesses registered with a Foreign State Corporation Commission
must register with the Virginia State Corporation Commission
in Richmond as a foreign corporation before registering a trade
name on the county level.
You are strongly encouraged to consult with an attorney
concerning the protection of your business trade name. A trade
name filed at the local level does not have the same status
as one filed with the State Corporation Commission.
To avoid duplication of a business name it
is recommended that the owner review the Trade Name index on
the Courts Automated Recording System (CARS) via the Court Public Access Network (CPAN) for names already
recorded.
All persons that register a trade name who do not reside in
the Commonwealth are required to provide the name, address and
phone number of a Virginia registered agent for purpose of service
of process.
Important Names & Numbers for New Businesses
in Virginia:
The Virginia State Corporation Commission
804-371-9733
www.state.va.us/scc
Fairfax County Department of Taxation
703-222-8234
www.fairfaxcounty.gov/dta
Virginia Department Of Taxation
1-804-367-8031
www.tax.state.va.us
Virginia Code Sections Pertaining to Trade
Names:
§59.1-69, §59.1-70, §59.1-74
1. Complete the appropriate application in black ink only.
2. Have all signatures notarized.
- The Fictitious Trade Name certificate must be signed by the owner(s) of the business
before a Notary Public or Deputy Clerk.
- A certificate for registration of a partnership must be signed by all partners.
- A certificate for registration for a business registered with
the State Corporation Commission must be signed by an officer of the Corporation, General Partnership, Limited
Partnership, or Limited Liability Company.
3. If filing by mail, enclose a self-addressed, stamped envelope for the return of your certified copy. If a self addressed, stamped envelope
is not enclosed you will not receive a certified copy of your registered Trade Name.
4. The cost to file a Fictitious Trade Name is $10.00. Cash, in-state business check, certified check,
or a money order are acceptable forms of payment. Visa and Mastercard are also accepted (with a 4% processing fee)
if filing in person. Please do not send cash through the mail. The Clerk's Office is not responsible for loss of any cash payment
by mail.
5. Mail completed forms and payment to:
Fairfax Circuit Court
4110 Chain Bridge Road
Suite 116
Fairfax, Virginia 22030
ATTN: Trade Names
Hours for filing a Trade Name are Monday
- Friday from 8 am - 4 pm.
If you have any questions call the Circuit Court Clerk's office at
703-691-7320 Press 3, 6, 5 and 0.
The forms listed below are in PDF (Portable
Document Format) and are "Fillable". In order to view,
complete, and print PDF files, you must have Adobe
Acrobat Reader installed on your computer. To obtain a free
copy, follow this link:
In order to utilize PDF forms for filing
with the court, you must use the yellow "Print" button located
at the top of each PDF form. Using this button clears
the areas that are shaded before printing the form. Do
Not use the "print" features located on your
"Windows" toolbar. Documents presented to the Court
with shaded areas will not be accepted for filing.
Click
here to review the Fill-In Forms Instructions before you begin
to enter information on the forms.
There are five types of Fictitious Trade
Name Applications:
There are two types of dissolution of Fictitious
Trade Name Applications:
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