Name/DBA Fictitious Business Name Notice

ARKANSAS FICTITIOUS BUSINESS NAME (DBA) NOTICE

[Court-Ready Template — Arkansas]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

A. Title
Arkansas Fictitious Business Name (DBA) Notice

B. Parties

1. Registrant: [LEGAL NAME OF OWNER/ENTITY] (the “Registrant”)
2. Filing Office(s): The correct filing office depends on the Registrant's entity type under Arkansas law (collectively, the “Filing Office”):
   a. Individuals (sole proprietors) and general partnerships file an assumed-name certificate with the county clerk of each county in which business is conducted (A.C.A. § 4-70-203);
   b. Corporations file an Application for Fictitious Name with the Arkansas Secretary of State, and a domestic corporation also files the returned counterpart with the county clerk of the county of its registered office, unless that office is in Pulaski County (A.C.A. § 4-27-404); and
   c. Limited liability companies file with the Arkansas Secretary of State (A.C.A. § 4-38-122).

C. Effective Date
This Notice becomes effective on the date of filing stamped by the applicable Filing Office identified in Section I.B.2 (the “Effective Date”).

D. Recitals
WHEREAS, the Registrant intends to transact or continue to transact business in the State of Arkansas under the fictitious name identified herein; and
WHEREAS, Arkansas law requires a person or entity transacting business under an assumed or fictitious name to file the applicable certificate or application with the correct Filing Office prior to operating under such name (A.C.A. § 4-70-203; § 4-27-404; § 4-38-122); Arkansas does not require newspaper publication of a fictitious-name filing;

NOW, THEREFORE, the Registrant hereby files this Notice in compliance with Arkansas law.

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below:

1. “Business Address” means the principal street address from which the Registrant will conduct business under the Fictitious Name.
2. “Fictitious Name” means the trade or assumed name under which the Registrant intends to transact business, as set forth in Section III.A.
3. “Filing Office” has the meaning given in Section I.B.2 and depends on the Registrant's entity type under Arkansas law.
4. “Termination Event” has the meaning given in Section VI.A.

III. OPERATIVE PROVISIONS

A. Fictitious Name
The Registrant shall conduct business under the fictitious name:
“[DBA / FICTITIOUS NAME]”

B. Business Address
[STREET ADDRESS, CITY, STATE, ZIP]

C. Business Description
The Registrant is engaged in the business of [GENERAL DESCRIPTION OF BUSINESS ACTIVITIES].

D. Filing Requirement

1. The Registrant shall file this Notice (or the corresponding official form — e.g., the county Certificate of Persons Conducting Business Under an Assumed Name, or the Secretary of State's Application for Fictitious Name) with the correct Filing Office before first use of the Fictitious Name in commerce within Arkansas.
2. The Registrant shall include all information required by Arkansas law and pay the prescribed filing fee. An assumed-name certificate filed with a county clerk under A.C.A. § 4-70-203 must be executed and acknowledged (notarized) in the manner provided for acknowledgment of conveyances of real estate.

E. No Publication Requirement
Arkansas does not require newspaper publication of a fictitious-name or assumed-name filing. No affidavit of publication is required as a condition of registration. (A Registrant may nonetheless publish voluntarily for its own commercial purposes.)

F. Term, Amendment, and Cancellation

1. No expiration / no renewal. An Arkansas fictitious-name or assumed-name registration does not expire and does not require periodic renewal.
2. Amendment. The Registrant should file an updated certificate or application with the correct Filing Office upon any material change to the information contained in this Notice.
3. Cancellation. Upon ceasing to use the Fictitious Name (or, for a corporation, upon dissolution or withdrawal), the Registrant should file a cancellation with the applicable Filing Office(s) (see A.C.A. § 4-27-404(d) for corporations).

G. Fees
The Registrant shall timely pay all filing, amendment, and publication fees assessed by the Filing Office or any publication outlet.

IV. REPRESENTATIONS & WARRANTIES

A. Accuracy
The Registrant represents and warrants that all information contained in this Notice is true, correct, and complete as of the Execution Date.

B. Name Availability
The Registrant represents that, after diligent search of the Arkansas Secretary of State’s records, the Fictitious Name is not identical or confusingly similar to any registered business name in Arkansas.

C. Lawful Purpose
The Registrant represents that the Fictitious Name will be used solely for lawful business activities and not for any fraudulent or deceptive purpose.

D. Survival
The representations and warranties set forth in this Article IV shall survive the filing and publication of this Notice.

V. COVENANTS & RESTRICTIONS

A. Compliance Covenant
The Registrant shall comply with all applicable federal, state, and local laws governing the use of the Fictitious Name, including licensing, tax registration, and consumer protection statutes.

B. Notice of Change
The Registrant shall provide written notice to the Filing Office within thirty (30) days of any change in:

1. The Fictitious Name;
2. The Business Address;
3. The legal status of the Registrant; or
4. The cessation of use of the Fictitious Name.

C. Non-Assignment
The rights granted by this Notice are personal to the Registrant and may not be assigned or transferred except by amendment filed with the Filing Office.

VI. DEFAULT & REMEDIES

A. Termination Events

1. Failure to file any required amendment or cancellation with the correct Filing Office when the underlying information changes or use of the Fictitious Name ceases;
2. Non-payment of required fees;
3. Revocation or dissolution of the Registrant’s underlying legal entity; or
4. Any violation of Arkansas law resulting in administrative forfeiture.

B. Effect of Termination
Upon the occurrence of a Termination Event, the Registrant shall immediately cease use of the Fictitious Name and, if continuing business operations, transact solely under its legal name or a newly registered fictitious name.

C. Administrative Remedies
The Filing Office may impose penalties, including monetary fines and business registration suspension, for non-compliance.

D. Attorney Fees
In any action to enforce or interpret this Notice, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

VII. RISK ALLOCATION

A. Disclaimer of State Liability
Acceptance of this Notice by the Filing Office does not constitute approval of the Fictitious Name and creates no liability on the part of the State of Arkansas.

B. Registrant Indemnification
The Registrant shall indemnify and hold harmless the State of Arkansas, the Filing Office, and their respective officials and employees from and against any claim, loss, or damage arising out of or related to the Registrant’s use of the Fictitious Name.

C. Limitation of Liability
Nothing in this Notice shall be construed to limit any liability imposed by Arkansas law for the Registrant’s fraudulent or unlawful conduct.

D. Force Majeure
The Registrant shall not be liable for delay in filing or publication caused by acts of God, governmental action, or other events beyond its reasonable control; provided that the Registrant uses commercially reasonable efforts to complete filing and publication promptly after the cessation of such force-majeure event.

VIII. DISPUTE RESOLUTION

A. Governing Law
This Notice and any dispute arising hereunder shall be governed by the business and commercial laws of the State of Arkansas, without regard to conflict-of-laws principles.

B. Forum Selection
Exclusive jurisdiction and venue shall reside in the Circuit Court of [COUNTY NAME] County, Arkansas.

C. Arbitration
Not applicable.

D. Jury Waiver
Not applicable.

E. Injunctive Relief
Not applicable.

IX. GENERAL PROVISIONS

A. Amendment & Waiver
No amendment of this Notice shall be effective unless filed with the Filing Office. No waiver of any provision shall constitute a continuing waiver unless expressly stated in writing.

B. Assignment
Except as provided in Section V.C, the Registrant may not assign any rights under this Notice.

C. Successors & Assigns
This Notice shall bind and inure to the benefit of the Registrant and its lawful successors and permitted assigns.

D. Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

E. Entire Agreement
This Notice contains the entire statement required under Arkansas law for the registration of a fictitious business name and supersedes all prior drafts or statements related thereto.

F. Counterparts; Electronic Signatures
This Notice may be executed in counterparts, each of which shall be deemed an original. Signatures transmitted by facsimile, email (PDF), or through the Arkansas Secretary of State’s online filing portal shall be deemed original signatures for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned, being duly authorized, executes this Notice as of the date set forth below.

Notary Acknowledgment (if required):
State of Arkansas )
County of [COUNTY] ) ss.

On [DATE], before me, [NOTARY NAME], a Notary Public in and for said state, personally appeared [NAME], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he/she executed the same in his/her authorized capacity.

Witness my hand and official seal.

_____________________________
Notary Public
My commission expires: ___________