WEBINAR - Assumed Business Name Act: Re-register Your Business Name Before Someone Else Does

WEBINAR - Assumed Business Name Act: Re-register Your Business Name Before Someone Else Does

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So. I like to welcome everybody, to the SBTDC, webinar. Series this. Is Martin ignite and, I'm speaking to you from NC, State University. What give everybody a real quick update of you. Know who the fb-22, is. And. We are a business, advisory, service, that covers, all 100 counties in, North Carolina. We. Have a variety of types of counselors, I'm, a general business counselor, just like what general describes that pretty much cover anything you come up against marketing. Operations, human resource finance. Strategic. Planning really anything. We. Also have, government, procurement counselors, and they, help you sell to the government and, that state federal local. Whatever. Level of government you might be interested in selling to we. Have international, business. Counselors, and, they. Help you if you're trying to export a product or service. We. Have. Technology. Development, counselors so if you've created a technology, you're trying to commercialize. We. Certainly can help in that regard, as well and. Then finally we have a really nice market. Research group so. If you need market. Research that is secondary. Research. Meaning, the, information has already been gathered, but. We can help them find it well, then that's a real group to do that what, I would like for you to remember of all that is if you have a question, anything, going on your business you. Know contact, and SBTDC, in your area, we. Are all affiliated, with universities, across. The state, and. There is an SBTDC, near, you. Today. We've got some. Dynamic. Individuals. Here. One. Is holly Yankers, she's with business link North Carolina and then, Haley Haynes from the Secretary of State's office, and. I'm going to throw it over to them now and let them introduce themselves. And. We look forward to, questions. That you have as you think. Of them go. Ahead and type them in and. Then we'll try to get those questions during. The next 45 minutes or so so. We're glad you're here and take. Away ladies. I'm. A Hawley yanker and Mark, indicated and, I'm with business, bullying which. Is an extension, of the, North Carolina Department of, Commerce and as, hopefully, many of you know that we provide, free. Business. Consulting. Over the phone, primarily. But we also do. Web. Cases, email in. Person. All kinds, of events and our, role is to be, the. Rules and regulations. Folks to help you to get your business started so, that you're compliant, with North, Carolina's. Regulation. And we. Work very closely, with, the Secretary of State, and so I'll let Haley. Explain, more okay. Thank You Holly. Said my name is Haley James I'm, Deputy, Secretary of, State and I oversee, a number of the functions, at the department, you, know the Secretary. Of State's office is business. Infrastructure. And capital formation and, so. We, provide, the, business infrastructure. And legal, infrastructure, for folks who are starting to enter into business for a lot of different. Entity. Types and so, one. Of the areas that we're going to be talking about today are, assumed business, names there. Was recently, a change, to the law.

That. Began December. 1st of, last year, the, General Assembly's goal was, to create a statewide. Searchable. Online database. Of, all businesses, using an assumed business name prior. To the change in the law these, were all profiled. In the loft to continue, to have the file in 100, counties but, each of those counties. Had their own separate. Database, there was no commas combining, or the ability to search across databases. And there. Was a requirement and the law that you have to in, every killing that you were going to be conducting. Business under, and assume business name you add you register. Separately so, potentially, if you had a statewide, business. You, would have a hundred register, patience required across the state. That. Could be costly correct, yeah what. They, see in every cam and every single County so it was $26. Times 100, plus you. Know the hassle, of getting into 100 different all of us is no. Small thing and then, of course of that information, change they'd have to change it in a hundred places and so. When, the General. Assembly came up with the goal to create a statewide searchable. Online database. They, look to our office, because we have expertise, in database, management and really keeping up with lots, and lots of business entities, and you. Know as folks. On the line they know we we are we are where you register your LLC your corporation. Or limited partnership. Your nonprofit. All those sorts of entities, and. Now. That the General Assembly decided that, having, the statewide database housed in our office made a lot of sense. So. In, order to get the, historical. Data all, into one, database. We were our office was asked to look at a fiscal, note to try, and come. Up with how much it would take to, you combine all those databases and it, proved, to be very expensive, and, impractical, so. Instead. The, General Assembly, decided, to, cause, everyone. Who, had filed they're assumed, as the same certificate, or their DBA certificate. Prior, to December. 1 2017. That, they'd have to file a new certificate under the, new law and, so that's how we get to a, truly. Current, database, that has all of them so, that's what, we're messing, today is those folks who have a pre-existing. Certificate. You. Might get to this later but, where. Are all those DBA folks, notified, of that no, they. Were not that. Would have been extremely, costly. And impractical, as well there, were a couple of challenges, there, one is that these certificates never, officially, expire, so, it. Was very difficult to know who was still in business or not so what, we're trying to do through this webinar and. Other efforts is. To get the word out to the existing, business community, that if you're operating, under an assumed business, thing you, need to come in and file a new certificate at your local, Register, of Deeds office. And. There. Are some good things about the new you know we know that it's painful for folks to have to come in and we. Do that with the briefing about the new law is that. The. Filing that you do in one County can be effective for all 100, counties so. They change the law to make it so. That you could designate, which, counties you are conducting. Business in and and the form is a simple form where, you can just check off all 100, counties and, then you re registered, and you're all good to go by doing, one filing, for.

Somebody To do that in that they really learn in 100 counties I mean just to go ahead and do it yeah, because then you don't have to go. And rewrite to sort you decide that your your. Territory, is going to expand, and. It doesn't, make it easier and. Just. To clarify. That. What. We're talking about is, if. Someone, has a sole, proprietorship. Or a general partnership, and they're. Using the name different, than their legal, given name then, they definitely need to file. Doing. Business, as or a fictitious, name if. They, have a parent company will refer to an LLC or corporation or. Even a non-profit. As being, a parent, one parent, can have as many children, four different, names, underneath. That so. If. Your, LLC. Is the same name that you conduct business, there's. Nothing to worry about but, if you're conducting, business, under its different names than the legal name that's, when you want to register. Or. We, register, in that case right and one. Of the things that they've done to make the, execution, of these documents simpler, is they remove the notarization, requirement. So it's a simple signature that put people can sign. So. That that's that simplifies, it. Provokes. And. The. Important, thing is that anybody who has an the certificate. Get that reviled. Before December, 1st 2022. Because, that's the end of the five five year transition period. Where all the old certificates. Will become ineffective on that day okay so they have time but we still don't want the wait to the last minute and there's I want to forget to do it what. Will happen then well. At that point then, they, no longer have, a registered, assumed, business name and. If. They get into litigation. Or someone having a hard time identifying, them, then they can be liable for the damages, of the, difficulty, for being able to be located, that they've, changed, the law about what the consequences are but one of the consequences are you could be - and someone, could get damages. For having all the expense they have to go to try, and find you but. I'll take it lose that name so they'll take it right well there's, the. Thing about this law is there is no uniqueness of name with, this law so. It's. Best to go ahead and get it registered because, you could have some common, law trademark rightly. But just registering, and assume different name by itself does, not give you any unique, rights to that name that you wanted to unique, rights to the name and you have to, get. A trademark. Associated. Early most people don't understand, yeah I think that's true but, the law says, that there. Can be multiple. Name. Same, name across, the database there's no uniqueness. Of a suit business thing so you can have Fred's plumbing, in. Fulton. County and, Fred, Fleming also in Buncombe County and, Fritz plumbing in Wade County they they could all have the same assumed, business name but, they have to have the true information behind it to show who's, really behind that, Fred's plumbing. Operating. In Asheville, as opposed, to French plumbing that's operating, in Wake County. And. Just. To add to that so. Well, previously, it, was very important, to have a unique business name it's still, a good, best, practice for. Business, to have a unique business name because. Someone. Bread's, plumbing, to, use that as an example might. Have a really bad, patient and so, if you're starting Fred, slimming obviously. It's good to have a different name but. Now the unique. Identifier. Is not, in the name but it's in the number, because. Everyone. Will receive, a secretary. Of state, identification. Number also known, on, other, forms as SOS.

ID, So, sector, state identification. Number and that's the unique part. All. Right and, in. Terms of, the. Existing. DBAs. Or, fictitious, names. One, of the reasons, why rules. And regulations. Are often, challenging. Is because. People use different names to identify, the, same thing so. The. Old, DBA. Forms, certificate, of assuming names or fictitious names. You. Can just think of those as really. Being. Buried. And you. Want to start fresh, with, a new, form. And that. New form. Certificate. Of assumed name for, a sole proprietor, or a general, partnership, that. Can be found on. Business. Links website and it's, also. Readily. Available so, if you have internet, access the. Website for, business, link, is for letters, dot, gov and that, CL, for, business link and C, from North Carolina, dot. Gov when. You arrive there you're, going to see a horizontal, green, line and there's a tab that says business. Form because, you're still forming, a business in terms of the name and making. That your own and you. Just want to click on the business forms. Tab what. We did is we put a letter, ABC. Under. Each of the forms or I should say next to each of the forms, just, to make it easier, because so, many forms have very long names so. You just want form as an, apple so. Go, ahead if you filed one a year ago ten years ago if you filed anytime, before December. 1st 2017. Then. You want to refile, and use form as an, apple you're, still going to take that one piece of paper. To. Your. County. Register. Of Deeds. And. That. Is the same place as many of you know for marriage, certificates. Death certificates. Notary. Real, estate all kinds, of things so they guard. All. Important. Documents, for that county so you'll go to your county's, Register, of Deeds with, that piece of paper and. File. It with them. Something. That's wonderful. Just. Highlight, is, you. Can now put up top 5 doing. Business as name on one. Piece of paper and that's huge. Previously. It was one, piece of paper per. Excuse. Me one name per, paper so, now, technically. You can do five. Names and. I'm. Just. One piece of paper as. We. Mentioned. Do, you still file it with the County Register, of Deeds then. The county, is, responsible. To. Send an image of that to. The Secretary of State. Then. What. Will happen is. Anywhere. That, you can access the internet you. Can look. Up your. DBA. Doing, business s name, something. That clarifies. Secretary. Of State does an outstanding job, with. All. Of, the. LLC's. Corporations. Nonprofits. And if. We think of the Secretariat State's website as being, a giant, filing. Cabinet, that there's. One drawer that specific. To corporations. So LLC's. Corporations. And nonprofits. And there's, a separate, drawer that's. Available or. Assumed. Business. Name so, that's important. When, you're going to look up if, your. Name is available or, if, your name is unique, just in, general you, want to make sure that, you change, and look, in the correct drawer, for, back lack of better term and look.

At The, assumed, business. Registration. Section. Clearly. As older people it's not actually, a drawer correct. It isn't it is an, online, database, right so, the way that the database, is set up. Yes. Because there is no uniqueness of name between, this and business name it's, in a separate database than our Business Corporations LLC. Database which has a uniqueness of main requirements, it's called distinguishable. Upon the record so, there are two separate drawers, as she said but, the way that you get to those drawers is on our search function you, can either search by company which will get you all the incorporated. Official. Legal. Entities, that we create, or. You can insert search by assume business name which, are all the things that are filed at the County, Register. Of Deeds office, so, you can search both of those and if you are getting ready to start and main your business you should search those just to see what other names are being used out there. And. As. We mentioned the, filing, fee, remain. 26, dollars and that has not changed for. Many, many years, Haylee, already indicated, it's a lot easier because you do not have to have a notary. Stamp and. The. Beauty, is. Now. That. That name, that, you're filing on the new certificate. Of assume business, name form that. It is valid, in all 100, counties again. Previously. It, was one name perform. And it, was only technically. Good in that specific County. So, this, is a super positive thing. And. You. Might ask why, are, we. Going through this process well. It anally, indicated, each. One, of the Register. Of Deeds. In. Each. Of the 100 counties. None of those databases, talked, to another database so. It made it extremely, challenging. To. Know if. If. You have a good name or not or if there's 12, other people named, Fred plumbing, for example. So. This will be helpful how, it's also extremely, helpful is often. If people, are. Trying. To obtain a loan in, another, state, a, bank. Or mortgage company. Will want to verify, if, the business, is legitimate, and, one. Way that they do that, is to, check to, see if the business, name is filed. Or registered. Previously. No. Bank or mortgage company, would take the, time to, look up a sole proprietorship. In. Mecklenburg. Or. In, Surry, County, so, now this is beautiful. It's a one-stop shopping, place, to go to the Secretary, of State's online database. And. The Secretary of State's website very, easy to navigate. Well. Thank you I appreciate that, we, just redefined, our website, that was a major project we undertook, in, the last few years so I'm glad to hear that. So. With. The change, in the law the form has been redesigned, and I wanted, to go over that. Because. What, we have noticed is some folks do get confused, about. Which. Name goes where so. The. First thing is the. Base that folks, first need, to put in is the assumed business, thing that they're going to be using so this is the name that you want to engage in or you're already engaging, in, in. North. Carolina, so that is, that's your operational. Name and then, in number two. You. Put in the real name of the person or entity that, behind. That business so it could, be individual, it, could be LLC's, it could be any number of types of entities when.

It Is a corporation. And LLC. Or, limited, partnership, anything that is registered at our office because there are LLC's, and corporations that then. Operate. Under an assumed name and that's critically, fine then. What. We need. On this form is the SOS, ID number for that corporation or LLC and, what, that allows us to do is to be able to create a combined. Search so we can link the assumed name with. The, corporation name on our database so. That's. An important, piece, of information so your business records can be complete, on our site, number. Three is the nature of the business a simple statement of you know as, to what you're, going to be doing in that business. It. Doesn't have to be detailed but it should be descriptive, of what it is those were doing yes could be a restaurant gardening, lawn service, any. Of those sorts of things doesn't have to be detailed and. These are PDF fillable forms, so that you can type it all in and it will look nice and neat and then, the. Street address the. Principal, place of business and, it's important, that PA boxes, are not acceptable, here we want this is for where, someone. Can be located that, it's conducting, this business. That's. A very important. Piece of information and, an important way of distinguishing, between entities. Let. Me ask you one question there some companies use. UPS. Company. And has a physical address, does. That work for that. No. It. Needs, to be where they are principally, operating, their business unless, they are principally, operating, their business at, a UPS, store then. I would say no they should ought to be giving the. Name where the business is located, more. Likely in those cases bigger house that's, right right. And. Then. The, mailing address if it is different, than the, street. So. You. Know we want to be able to make sure that, folks. Are trying to reach them by mail they have a correct address for us to do that and then, a number six you can see that is where you can lift the. Individual. Counties you want the certificate to be effective, in or, you can simply check that all 100, North Carolina counties and then that will give you statewide registration. For. My client, that's what I would suggest they do it. Doesn't need to be all hundred, that's, right and you don't have any issues with having to come back and amend you know if you you do a small subset, and then you decide to expand you're gonna have to come in in a min your certificate, to add more counties and, you can do that it should should you pay a fee every time that. You you have to do that and I. Just wanted, to interject. Because, I know in, terms. Of the address, many. People. Let. Us know gee, I really don't feel comfortable I. Don't want my home address to be out there because it will be public, record. One. Thing to keep in mind it, does not have, to be your, home. Address it, is some place where you can receive. Mail. And. Because. One of the concepts, is is for, some strange, reason someone, wanted, to sue a business. They. Would need to serve papers to. A physical, location and. It. Could, be a different location, if you don't want to use your home address. Just. As long as it is not, a few blocks. All, right and so in terms of signatures. If you, need to be when. It's an LLC or corporation there, are instructions, that go with this certificate and it tells, you an officer, that, you know someone who's in charge of, the corporation, or the business, entity was fine on behalf of it it's a part like a general partnership in any of the general partners can sign and. Of course help requires they just find themselves, but. It's important, that someone with authority, sign. That. There's. Also a, new, amendment. Certificate. And, on. This, one you. Provide, the assumed business, thing that you previously, registered you might be changing, that thing and so. What you want to do is you first provide the one that you've already registered as, well. As the people, who are behind the, entity, and then. You. Provide the book and page number of the filing cos each register, feed has, a book and page number filing, system, you provide that and, the. SOS. ID number, that, were the sign to, the assumed business name when it was sent to our office which, is easily located on, our website at, SOS, NC gov. So. And and then in number five you, can indicate which piece of information you're, changing, it can be any number and then in number six you actually indicate, how you're changing, that information. Because. There's any anything that you put on the original certificate you can amend, and.

Change. Yeah. Go ahead to the next client. And. Then the, withdrawal, of assuming certificate, is filed. When, you are no longer going to be operating. Your business under, that assumed name so, it may just be that you're may. Not be that you're going out of business but you decide as that name no longer suits, my needs and, so therefore you. Saw in you file, this withdrawal to, signal to the marketplace that me. As a person, I'm no longer performing. Services. Or selling. Items. Under this assumed name and that's, an important thing that you do want to do when, you decide to you no longer use. That and so you just fill that out similarly, to the amendment, page and. It's. Very important to have that SOS, ID number that was originally, assigned, to. The, assumed, business name so, we can't show on our database that that, name is now withdrawn, because. As we've mentioned earlier, the names are no longer unique we can't believe fine, we have to link by number, to, that question there will be an example of somebody doing that. You. Mean with. Your own okay. So, perhaps. You. Have a, okay. Okay good example you have someone. Who is operating. As an LLC and under that LLC they operate a number of businesses they have a dry cleaning business and they. Also have an event planning business where they rank up linens and things like that and so, grass. Although. The LLC, is really. Behind both of them they are operating, under the assumed name of. Halley's. Cleaners, and, Halley's. Creative. Event. And those are the two different businesses that are being, that are branded, under my LLC. And I decide I no longer want, to provide, dry cleaning services it's not an economical. Job I'm going to focus all my energies, on, event. Planning. And renewal. Of linens instead of dry cleaning and so, I would, follow withdrawal, of the, Halley's cleaners, name to, signal, to the marketplace I'm no longer in business under, that name and but. I would keep the, one, that I've registered where. I'm keeping, going with uh with, the event this would. Be an advantage of this advant just to leave the other one out there even we're not doing this anymore well. It's. Because someone, could get confused, in, other words so, face someone else goes into, business, using. A similar or same name and. Maybe. They don't, perform. Like, they ought to perform and, maybe. They don't even register their, name right. Maybe they're just sort of out of compliance with the law and so, when, an unsatisfied. Customer. Wants. To go after the person who's behind the. Contract. That they didn't perform on they. Go and look and they see Halley's cleaners, that's. The only Halley's. Cleaners they see and, suddenly I get served, with papers when, really it was someone else operating. Under, that name who should have gotten, so, it's just important, to sit in going to keep it clean. Cliche. With your corners. It's. Just a good, way like you said a keeping things nice, and sweet. All. Right you might be asking yourself, wow. I have. An LLC and, we'll. Just keep. Using. Our, our, Fred's. Plumbing, LLC. And. I've. Got, now a DBA. Doing, business, as that I am going, to update. And, so do a new, certificate. Of assumed name form and maybe, I'm, doing business as Freddy's. Types in. That. Case. You. Would have two. Different, SOS. ID numbers, so. Anything. That's in the sector state's database and, Haley. Indicators. Will receive, a unique, number. So. That part is key um. One. Thing is many, people, start. Off and, they're. Trying to. Get. Their business off the ground and, they're a sole proprietor. To start, and then. Business. Is going great and they. Want to reduce any, kind of liability because. An LLC, limits. The risk of the business to, the business same. With a corporation, and so, you would just start fresh and go.

Ahead And. Complete. The articles, of organization for. The LLC. Again. Any. Of the, key forms, or the majority of the forms that you're going to need for. Having a North Carolina business, are on our website, and again. That. Blmc. For. Business, links North Carolina gov, you, go to the business forms tab and you'll, look for letter HSN. Happy, if, you're. Interested, in becoming an LLC. Once. The LLC. Exists. Then. You can put other names, underneath. It, so. I've. Had. Holly's, ice cream and a sole proprietor. But I'm now getting bigger, I'm doing, a. Food. Truck of holiest, ice cream so I want to become Polly's, ice cream LLC. But. I also might want to do business as. Paul. Shields. Delights and. So. Therefore. I, would have an SOS, safety number for my LLC, I would, have a second. SOS. ID number, for my, DBA. Okay. And it. Stops here just for a second we do have about half hour left, and we do encourage people to ask questions before. We get to the end and. One has come in and it says I formed my business, prior to. The December, 2017. Date as a, sole proprietor, DBA. I want. To do an LLC now, should. I do an LLC prior. To rewrite and. Merc sir I just cheated, because I read that and so, the example, that I just gave is. If. You want to become, a limited, liability company, you, want to go ahead and do that first again. That would be form, HS and happy just happens to be articles, of organization. You'll. Complete, that and then, if you'd like to do business under any, additional. Names then. After. The LLC. Exists. Then. You would put the DBAs, are doing businesses, it's, much like building a house the, LLC, is the foundation. You, can't put a second, floor or, a DBA, unless. You've. Got the, parent, or the LLC. Established. Great, section. So. The bottom line is all, of this is pretty. Exciting, granted. That, many. People wouldn't, be exciting, but in my world it is very exciting. That we'll have one mass. Database. Of business. Names with the Secretary of State and you. Might be saying, what. Happened, if I forget, or if I just don't want to refil.

Before. December, 1st 20. 22. You. May. Lose, the, opportunity. To. Utilize that, name. And. It's really more so for your protection in terms of having, doing. Business as names, it is. To help clarify for. North, Carolinians. And others in. The United States and globally. Who. You are what, business. You, are by, name and so, obviously, a name, is extremely. Important, and it's. Definitely. Worthwhile, to. Register. Your, DBA, yet. New. With. This new ruling. Any. Questions. Or anything you, can certainly contact. Business. Linked North. Carolina, as I, mentioned, we, actually worked very closely with the Secretary of State but, per general, statute. Business. Link, works, with all state. Agencies and. With all. Licensing. Boards, whether that dental, medical. We. Work with everyone. And, we. Try and keep our database, up-to-date. On rules, and regulations. So by. All means if you have any questions, about DBAs. Or, just, setting, up your business, please. Go ahead and contact, our 800, number 800. Two two eight eight, four, four three, please. Keep in mind that, this is a free. Service. And, there. Are only four, of us that cover the entire. State. We. Will respond, we're very passionate about, making, sure that, you have the right information we, want you to be successful. The. State of North Carolina wants. You to be successful, because, that's, the only way that we can help improve the overall economy. Is, if. People, are being compliant, and people, know about your businesses. Okay. And another couple questions have come in I think I can answer one of them it says if I, registered, my LLC, before, this law went into effect, and. Them using the registered, LLC, name for my business currently do. I need to file a DBA, farm, and the answer would be no no correct and can I apply. That I've, been looking at the data on our, database and, there are a lots of so that who. Are mistaken. About they. Think. Or and sometimes their banker or someone, and telling them that they have to take your corporation, name or their LLC, name and then, they have to register at the county if you're operating, your business under, the same name that you have incorporated. With our office, there is no need to file an assumed name certificate, the only, time you have to file an assumed name certificate, is, when you're operating your business under, a name, other than your legal name your, legal name your birth certificate, for, a corporation. Is the Articles of Incorporation that. We approve. And so, if, you're operating, under that birth certificate name. Then. You are all good to go and you don't need to make any filings, at the county great and. Also something came in a little late to the webinar, the. Question is where do you get the. SOF. ID, did. That calm when you registered, for your DBA so. The SOS ID number, is generated at the time that the Register. Of Deeds sends, us your filing, and the data that go along with it and our, system automatically, generates that and you can look it up on our on our website, great. Thank you hopefully. That answer the questions, to. This point. All. Right can, you go forward - sure. All. Right so. One. Of the things that you may be asking, yourself does sending, the filings to our. Database. Change whether you where did you get certify. Copies, of them so. The. Previously. Because. It was following Richards, but if you needed a certified, copy of your assumed business name certificate, or your DBA. You. Would get a certified copy from your Register of Deeds office and that continues, to be true because. The, filing still happen at the Register of Deeds office that, considered, the official. Record. So. If your. Bank. Or, some, other entity a grant. Grantee. That you're, applying to needs proof, of your existence the, certified, copy comes from the register Sandeep. So. One. Of the questions that you may have is. Whether, or not a certificate. That was filed prior to. 2017. Whether it can be withdrawn in, this. Interim period and, the answer is yes so the law specifically. Allows folks who, have a pre-existing, certificate. To withdraw, the name. Under. Under. The previous law and that. Information, doesn't get sent to us because that's all outside, of our system so your. Your register DS office can help you with with that if that's the case.

Excellent. And. The. Next, slide just gives you a quick. Picture. Of the, four people that are behind business. Link North, Carolina, and. Again. That we are interested. In helping anyone, about, DBAs. Or, LLC's. We. Certainly are not attorneys. And we're not lawyers. But. We do. Stay. On top of General, Statutes ie the, North Carolina law when, it pertains, to. Businesses. And so, we can at least help, to educate, you on what options that. You would have so. Again a DBA. If you're a sole, proprietor, or general, partnerships. You're. Going to register with the County, Register, of Deeds doing. A certificate, of a su name if you, want to be an LLC, or, corporation. That's. Going to be with sector states so bottom line, there's two, ways that. Anyone. Can set, up a business in North Carolina, one, is through the county and the other is through the states through the Secretary, of State's. Okay. And some. Follow-up questions on the SOF, ID. If. We registered, our DBA in two different counties would. We have two different SOS, IDs and with. Those become null if we register, re-register. For. All the counties now and, do, we need to withdraw our previous, DBA, you do not need to if he's continuing, then what he needs to do is. Simply. Register. With. The new form in one County, the, old ones are going to become ineffective there were no SOS, ID numbers, generated, off the old certificates, because we don't have that data the, only data we have or profiling. To happen after December, 1st 2017, so, when he does every registers, he, can check or put helmet ever many counties, he wants and that, will become his new and soon name certificate and he, doesn't have to do he does not have to withdraw the old one and. Someone. Asked if there will be a copy of this slide that yes is the answer we will put that on the website. So. You have access to the information. So. That's the end of the presentation, of the formal part We. Certainly have a few more minutes in. Order to get some more questions. And. I'd. Like to just clarify, we've, had many, people. Confused. About where. To. Refile. Their, County, Register, excuse may refine, out their certificate. Of assumed name or fictitious name. It is. Definitely. With, the County, Register, of Deeds, we've.

Actually Received, some people's, checks. And, unfortunately. We do not process, any. Documents. Were kind, of. B-41. One of, directing. You to the right resources in. The state so again DBA. Go. To your, County Register, fee right and they don't come to the Secretary, of State's office directly, either we. Have had some folks mailing teams in to us, and. So. We. Have to return those to folks at the. Proper way that register, one of these is just like going straight to your County register Keys right there in your home because. We. Obviously, learn. Some, really good reasons why this is in place, what, are some negatives, about the law change well, you. Know it's unfortunate that, there hasn't been any, resources. Put towards. Educating. The, public the. Business, public about the change in the law and. The fact that they need to re-register that's, why we're trying to do things and we very much appreciate the, ability to partnership. Partner. With both link and the SBTDC, to, get the word out to folks but. The General Assembly did not provide any funding for that we're hopeful, that they will in future years because, we don't want people to be caught unaware, and. So we, encourage those who are on the line we've, heard about this tell their friends tell. Other people that they're in business with and. Help. Them by directing, them to be slide or, to the resources, that Holly has mentioned that blink have to, answer any questions that, they may have great, these, will these. Slides will be on the SBTDC, website. Which. Is SBTDC, org. But. Also beyond blames website, and also on our website here, we're trying to we. Want to provide. This information out, as much as we can good. And. Again back, to the sof ids, follow-up. Question is so if people can have the same name under. Different sof, ids is there. Now no protection. About someone using your DBA name correct. The. Law specifically. Says that. There. Is no, uniqueness. Of name, by. Registering. A DBA there never have been. You just didn't you just didn't know, so. We, right, yeah. And so. The. Purpose of a, DBA. Certificate. Is to identify the. Real person, behind, an, assumed business name it is not to give that, real person, exclusive, rights to that name, if you want to exclusive rights to the name and you've got to go through trademarking which. We also do at our office we register. Trademark but, there are a lot of rules around that, that. Are very, specific, so. It really desire, to have your, name, protected. And then. That's, what you want to consult. With an, attorney who, specializes. In, trademark applications. And, just. To take that a step further. For. Trademarking, that there's two different flavors. Or two different ways the. Secretary, of State for just a mere, $75. That, you can trademark. Your name in. The. State of North Carolina and. That's only for, the state of North Carolina, if, you want to trademark your, name in all, 50, states. Then. You. Would want to go through the, US. Patent. And Trademark, Office which, would be us. He. Is impulses. And Tom owes an open, dot, gov, and, that. Can become quite, pricey, because, an attorney it has to do a name, search. We've. Heard people indicate. That it's anywhere from. 10,000. To 30,000. Dollars plus. We've. Also spoken, to many intellectual. Patent. Attorneys, and they've. Indicated that. Unless, you're trying to use the name McDonald's, Disney. Coca-cola. That. It, does, not it's rare, that, things. Come. Up of concerns. Obviously. It's. A unique world and there's lots, of people that. Like. To unfortunately. Sue others, so. It is if you're really concerned, about protecting, your name then you might. Want to explore. Trademarking. With the state or with. The federal government, the u.s., PTO.

Gov. I would I want to and I would encourage folks that they're, concerned about that that is the best way to do it but I want to encourage them while, our, application. Fee is reasonable. $75. The, examination, process that, we go through it's very similar to what the USPTO. Does and so you are best off if, you have. An attorney who specializes in. Intellectual. Property or, trademark, so. That you can get through the process. Successfully. And, with, the least, amount of friction. Because. They're, very hyper technical, kinds, of rules, that, go around trademarks, yeah there is an interesting, example, there's. A small town in Illinois. Several, years ago I'll, open the business, going. Hamburgers. And decided caught Burger King mm-hmm. He, did not trademark. That. Name and. Then a company in Florida decided. To start making, franchise. Called Burger King I, would. Say we know, you. Know perky Bryant they. Went to court and the judge said. Well the Burger King really, filed that trademark first, but. The other Burger, King started, first Frank and, the result was within. A 20 mile radius at. That small town in Illinois, the. Major, franchise. Burger King cannot open, a Burger, King so that guy is still operating, as Burger King right in that small town right. And that's called prior deuce and, it. Gives your. First the person who first uses it has a common law right to trademark. And, so you can still have you can felt Congress called common law right to, trademark. Without registering, it but then you have to litigate in order to you, know prove that right so it's, best to have it registered, okay. Another question. Is. There any kind of a press, release. That. The folks on the webinar could use to. Help spread the word to the Office, of Economic Development. Or chambers of commerce, local. Papers other organizations, in their area. We. Are working currently. I'm, doing, public. Service. Announcements. And. We'd, like to pull together a one-pager right they could there wasn't a press release done around this well because. There. Wasn't I. Understand. Probably. Money related. But. Certainly. We I think we can easily pull together a one-pager on this and and get that out and we would appreciate very much, the. Distribution. Of that information far, and wide. All. Right and then the st., all really has been asking about the. SOS. IDs and. He has a franchise. It's. A DBA including, my franchise name so he assumes that the franchise name is, trademarked, in the u.s. but. These are going to need to check that. And. There you can you. Can go on the USPTO, website, and, do a search. Always. You. Don't love him I look it was not necessarily, the most user friendly but you can find things here oh. I. Apologize, it. Says that. She's a she nobody. So. Here's an initial - I'm sure okay we. Got about 10 minutes left so. We're going to ask for any final thoughts, from. Haley and Holly and then. Give you, know anybody who hasn't asked a question you, need to get them down because we're about out of time, again. I'm, excited. This is a, wonderful. Change, that. People. Can go to one, location. And look. Up LLC's. Corporations. Nonprofits. And now, the. Sole, proprietorships. General partnerships. Doing business as underneath. Existing. LLC's. And corporations. This. Is definitely a lot cleaner, and smoother. And we. Certainly appreciate the Secretary. Of State, taking. On. This, additional. Work. Due. To they, their, true expertise. With, data management. Thank. You we've. Enjoyed working on this project and, have, enjoyed working with the secretary, with the Register, of Deeds office. To. Help get this information out to the filing public, and and so we just hope, that we'll. Get. On it get on it now don't put it off don't put it off just as you have till 2022, because it's easy enough to forget about we, mentioned that early on we need to do this now, it. Doesn't expire so once, you're done you're done if there's no annual filing, so yeah. And. In, terms of when, will these, slides. Be, available on. Business.

Links, Website. I. Will. Certainly work. With our, webmaster. And, team, I would. Say it's certainly, reasonable, by. Monday. But. We. Will certainly try, and make that happen as, quickly. As, possible. Since. We are a nonprofit entity. We, have outsourced. Many. Aspects. And our. Website. Happens, to be one of those so I'll be working with others to make that happen. And. The SBTDC we hope to get that up this afternoon. So. We're going to link to your website that's how we do that. That way come. On our website and pull, up the race the webinar as well they want to hear more about it one and just apply great, our dulcet, tone and that, will be the same for business link and Haley. And I will, work, on some. Kind of a one-page document so. That you can officially. Share, it with as many people as possible. Well. We'd like to thank everybody who signed an certainly. We want to thank Haley and Holly for taking their time out to. Come over and try and educate. You. Know the folks on how to do this better and do, not forget that the SBTDC, courtesy. To our state and then we have several people online mentor, on, episode in the Triangle area. So. Think, about talking to the SBTDC. Nearest you. Which. Is housed in a University, of North Carolina system University. And, of course you can go to our website to, also find. Out where we're located. So. We wish you well if. You have any questions call the numbers the, 800 numbers and, Holly. Is passionate, about answering, your call. And. We hope you have a great rest, of your day. Thank. You.

2018-06-14 11:40

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