FICTITIOUS BUSINESS NAME (DBA) NOTICE
State of Alabama
[// GUIDANCE: This template is drafted for attorneys who must prepare a “fictitious business name” (trade name/DBA) notice for publication and/or filing in Alabama. It is designed to (i) satisfy Ala. Code § 8-12-1 et seq. registration requirements, (ii) provide a publication format that most Alabama newspapers will accept, and (iii) document the registrant’s ongoing compliance duties. Tailor bracketed items, check county-specific rules, and confirm newspaper formatting preferences before use.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (Reserved)
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title.
FICTITIOUS BUSINESS NAME (DBA) NOTICE OF REGISTRATION AND PUBLICATION
1.2 Registrant.
[LEGAL NAME OF REGISTRANT], a [state & entity type] (the “Registrant”).
1.3 Trade Name.
The Registrant intends to transact business in the State of Alabama under the fictitious business name:
[DBA / FICTITIOUS BUSINESS NAME] (the “Trade Name”).
1.4 Effective Date.
This Notice is effective as of [EFFECTIVE DATE] (the “Effective Date”).
1.5 Jurisdiction & Venue.
This Notice is governed by Alabama business law. Venue for any action relating hereto shall lie exclusively in the state courts sitting in [COUNTY] County, Alabama, as the forum of first instance.
2. DEFINITIONS
The following capitalized terms have the meanings set forth below. Defined terms include the singular and plural forms.
“Alabama Secretary of State” means the Office of the Alabama Secretary of State, Business Services Division.
“Business Address” means the Registrant’s principal place of business: [STREET, CITY, COUNTY, AL ZIP].
“Publication Period” means four (4) consecutive weekly insertions of this Notice in a newspaper of general circulation in [COUNTY] County, Alabama, commencing no later than ten (10) days after the Effective Date.
“Renewal Deadline” means (a) the date that is five (5) years after the Effective Date, or (b) such earlier date on which the Registrant undergoes a material change in ownership, entity structure, or principal business address, whichever occurs first.
“Trade Name Registration” means the filing with the Alabama Secretary of State required by Ala. Code § 8-12-1 et seq., as amended.
3. OPERATIVE PROVISIONS
3.1 Registration Statement.
(a) The Registrant has filed or contemporaneously will file a Trade Name Registration for the Trade Name with the Alabama Secretary of State pursuant to Ala. Code § 8-12-1 et seq.
(b) A true and correct copy of the stamped filing receipt shall be maintained at the Business Address for inspection upon lawful request.
3.2 Publication Requirements.
The Registrant shall cause this Notice to be published for the Publication Period. Proof of publication (publisher’s affidavit together with a legible copy of each insertion) shall be retained with the Registrant’s corporate records for not less than six (6) years after the final insertion date.
[// GUIDANCE: Although Alabama statutes do not expressly mandate publication of a trade-name notice, several counties and lenders still require it as a matter of local practice or underwriting policy. Confirm local rules before omitting § 3.2.]
3.3 Renewal & Updates.
(a) On or before the Renewal Deadline, the Registrant shall (i) verify the continued accuracy of its Trade Name Registration, and (ii) file any required amendments or renewals with the Alabama Secretary of State.
(b) If a material change occurs before the Renewal Deadline, the Registrant shall file an amendment within thirty (30) days of such change.
3.4 Termination of Use.
Upon discontinuation of the Trade Name, the Registrant shall file a cancellation statement with the Alabama Secretary of State within ninety (90) days and retain proof thereof for six (6) years.
4. REPRESENTATIONS & WARRANTIES
The Registrant represents and warrants to all interested persons that:
4.1 Authority. It is duly organized, validly existing, and in good standing under the laws of its state of formation and is authorized to do business in Alabama.
4.2 Exclusive Use. To the best of Registrant’s knowledge after reasonable inquiry, the Trade Name is not identical or confusingly similar to the registered or reserved name of any other business entity on file with the Alabama Secretary of State.
4.3 Non-Infringement. Use of the Trade Name does not knowingly infringe the trademark, service mark, or trade-name rights of any third party.
4.4 Accuracy. All statements contained in this Notice and in any related filings are true, correct, and complete in all material respects as of the Effective Date.
The foregoing representations and warranties survive for so long as the Trade Name remains in use.
5. COVENANTS & RESTRICTIONS
5.1 Compliance Covenant. The Registrant shall at all times comply with (i) Ala. Code § 8-12-1 et seq., (ii) all other applicable federal, state, and local laws governing fictitious business names, and (iii) any orders or directives from courts of competent jurisdiction.
5.2 Prohibition on Unlawful Use. The Registrant shall not use the Trade Name for any unlawful purpose or in any manner that causes confusion with a governmental entity or another registrant.
6. DEFAULT & REMEDIES
6.1 Events of Default. Each of the following constitutes an “Event of Default” under this Notice:
(a) Failure to complete the Publication Period in accordance with § 3.2;
(b) Failure to file renewals or amendments required by § 3.3; or
(c) Any breach of the representations, warranties, or covenants set forth herein.
6.2 Cure Period. The Registrant shall have fifteen (15) days after written notice of an Event of Default to effect a cure.
6.3 Remedies. If an Event of Default remains uncured after the cure period, any interested party may seek (a) declaratory or injunctive relief, (b) cancellation of the Trade Name Registration, and/or (c) such other remedies as may be available at law or in equity, including reasonable attorneys’ fees and court costs.
7. RISK ALLOCATION
[Reserved — Not Applicable to this Notice]
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any dispute arising hereunder are governed by the laws of the State of Alabama without regard to conflicts-of-law principles.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the Circuit Court of [COUNTY] County, Alabama (or any successor state court of general jurisdiction).
8.3 Arbitration; Jury Trial. No arbitration agreement is created, and no jury trial waiver is intended or implied by this Notice.
9. GENERAL PROVISIONS
9.1 Amendments. Any amendment to this Notice must (i) be in writing, (ii) reference this Notice, and (iii) be executed by the Registrant.
9.2 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the court shall reform the invalid provision to best effectuate the parties’ intent.
9.3 Entire Notice. This document constitutes the complete and exclusive statement of the Registrant’s fictitious-business-name publication and registration notice as of the Effective Date.
9.4 Electronic Signatures. Facsimile, .PDF, and electronic signatures shall be deemed original for all purposes.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Registrant, intending to be legally bound, executes this Fictitious Business Name (DBA) Notice as of the Effective Date set forth above.
[LEGAL NAME OF REGISTRANT]
By: _____
Name: [AUTHORIZED SIGNATORY NAME]
Title: [TITLE]
Date: _____
[// GUIDANCE: Notarization is not statutorily required for Alabama trade-name filings or publication notices, but certain banks or county offices may request it. Attach a notary acknowledgment if local practice dictates.]
NOTICE TO INTERESTED PERSONS
The undersigned certifies under penalty of perjury that the foregoing is true and correct. Any person alleging that use of the above Trade Name violates his or her rights may file an action in the Circuit Court of [COUNTY] County, Alabama, within thirty (30) days of the final publication date of this Notice.
Prepared by:
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
[// GUIDANCE: Delete the preparer block if local newspaper formatting rules prohibit professional attribution.]