Name/DBA Fictitious Business Name Notice

Template Title: Arizona Fictitious Business Name (DBA) Notice
Intended Use: Statutory notice for (i) filing a Trade Name/DBA with the Arizona Secretary of State and (ii) publishing the notice in a newspaper of general circulation when and where publication is required under county‐level rules.
Drafting Note: This instrument is a statutory notice rather than a bilateral contract. Many “boiler-plate” risk-allocation clauses typical of commercial agreements are therefore intentionally omitted or marked “Reserved.”
Citation Confidence: A.R.S. § 44-1460 et seq. (2024) governs Arizona trade-name registration; publication-specific requirements, if any, are county-driven.

TABLE OF CONTENTS

1. Document Header
2. Definitions

3. Operative Notice Provisions
   3.1 Adoption of Fictitious Business Name
   3.2 Registration Requirements
   3.3 Publication Requirements
   3.4 Renewal Deadlines

4. Representations & Warranties

5. Default & Remedies (Reserved)
6. Dispute Resolution (Reserved)
7. General Provisions
8. Execution Block

ARIZONA FICTITIOUS BUSINESS NAME (DBA) NOTICE

(Compliant with A.R.S. § 44-1460 et seq.)

1. DOCUMENT HEADER

This Fictitious Business Name (DBA) Notice (this “Notice”) is executed on [EFFECTIVE DATE] (the “Effective Date”) by the person(s) or entity(ies) identified below (collectively, the “Registrant”) for the purpose of:

a. Registering the fictitious business name described herein with the Arizona Secretary of State pursuant to A.R.S. § 44-1460; and
b. Causing this Notice to be published in a newspaper of general circulation within [COUNTY], Arizona, if and to the extent publication is required by applicable county rules.

2. DEFINITIONS

“Act” means A.R.S. § 44-1460 et seq., as amended.
“County Publication Rules” means any rule, administrative order, or local statute that mandates public notice of trade-name filings within the county of the principal place of business.
“Fictitious Business Name” or “DBA” means the trade name set forth in Section 3.1.
“Filing Date” means the date the Arizona Secretary of State accepts the Registrant’s trade-name application.
“Publication Period” has the meaning given in Section 3.3(c).
“Renewal Deadline” has the meaning given in Section 3.4(b).

3. OPERATIVE NOTICE PROVISIONS

3.1 Adoption of Fictitious Business Name

The Registrant hereby adopts and will transact business in Arizona under the fictitious business name:
[FICTITIOUS BUSINESS NAME] (“DBA”).

Principal Place of Business:
[STREET ADDRESS] | [CITY], AZ [ZIP]

Mailing Address (if different):
[MAILING ADDRESS]

Business Phone or Email (optional): [CONTACT INFO]

Entity Type:
☐ Individual/Sole Proprietor ☐ Partnership ☐ Corporation ☐ LLC ☐ Other: [SPECIFY]

3.2 Registration Requirements

a. Secretary of State Filing. The Registrant shall submit a Trade Name Registration Application (Form TNR-001 or successor form) to the Arizona Secretary of State in accordance with the Act.
b. Acceptance. Registration becomes effective upon issuance of the Certificate of Registration by the Secretary of State (“Certificate”).

3.3 Publication Requirements

a. Applicability. Arizona state law does not impose a blanket publication mandate for trade names; however, certain counties (and some lenders or contracting parties) require publication as a matter of local rule or contractual condition precedent. Confirm local requirements with the Clerk of the Superior Court in the county of the principal place of business.
b. Venue. If publication is required, this Notice must be published in a newspaper of general circulation in [COUNTY], Arizona, that is approved by the Clerk for legal notices.
c. Timing & Frequency. Unless county rules provide otherwise, publish once per week for three (3) consecutive weeks, commencing no later than sixty (60) calendar days after the Filing Date (the “Publication Period”).
d. Proof of Publication. Within thirty (30) days after the final publication date, obtain an Affidavit of Publication from the newspaper and retain it with the Certificate for audit/compliance purposes.

3.4 Renewal Deadlines

a. Term. A trade-name registration is valid for five (5) years from the Filing Date. See A.R.S. § 44-1460.05(A).
b. Renewal Deadline. File a renewal application no earlier than six (6) months before and no later than the expiration date stated on the Certificate (“Renewal Deadline”).
c. Lapse Consequence. Failure to renew by the Renewal Deadline results in automatic expiration; the DBA becomes available for registration by third parties.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Registrant has full legal capacity and authority to adopt and use the DBA.
4.2 Accuracy. All information contained in this Notice and the supporting Trade Name Registration Application is true, correct, and complete to the best of the Registrant’s knowledge and belief.
4.3 Non-Infringement. The use of the DBA does not infringe the trademark, service mark, or trade-name rights of any third party.

The foregoing representations survive the filing and any publication of this Notice.

5. DEFAULT & REMEDIES (Reserved)

6. DISPUTE RESOLUTION (Reserved)

7. GENERAL PROVISIONS

7.1 Amendment. The Registrant shall file an amended Trade Name Application within thirty (30) days after any material change to the information contained herein, including, without limitation, changes to ownership, principal address, or DBA spelling.
7.2 Severability. If any provision of this Notice is held invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect.
7.3 Governing Law. All matters arising under or related to this Notice shall be governed by and construed in accordance with the laws of the State of Arizona without regard to its conflict-of-laws rules.
7.4 Successors & Assigns. The rights in the DBA may not be assigned except as permitted under the Act and upon filing of an assignment with the Secretary of State.

8. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned executes this Notice as of the Effective Date.

Registrant 1:
______________________________________
[NAME]
☐ Individual ☐ Authorized Signatory of [ENTITY NAME]
Date: ___________________

Registrant 2 (if any):
______________________________________
[NAME]
Date: ___________________

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