FICTITIOUS BUSINESS NAME (DBA) REGISTRATION & PUBLICATION NOTICE

(State of Colorado)

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation (Intentionally Omitted)
8. Dispute Resolution
9. General Provisions
10. Execution Block

[// GUIDANCE: A Colorado “DBA” is formally termed a “Trade Name.” Colo. Rev. Stat. § 7-71-101 et seq. governs registration. Publication is NOT mandated statewide; however, some lenders, title companies, or county/local rules may still request a proof-of-publication notice. Practitioners should confirm the current requirements for the county of principal business before using this form.]

1. DOCUMENT HEADER

Fictitious Business Name / Trade Name Registration & Publication Notice
Effective Date: [MM/DD/YYYY]
Jurisdiction: State of Colorado

Registrant(s):
• Legal Name: [LEGAL NAME OF OWNER / ENTITY]
• Entity Type: [Individual / LLC / Corporation / Partnership / Non-Profit]
• Principal Place of Business: [STREET, CITY, CO ZIP]
• Mailing Address (if different): [ADDRESS]

Trade Name (DBA): [TRADE NAME]
Colorado Secretary of State Filing Number: [#######]
Date of Trade Name Filing: [MM/DD/YYYY]

Publication Newspaper of General Circulation: [NAME OF NEWSPAPER]
County of Publication: [COUNTY]
First Publication Date: [MM/DD/YYYY]
Last Publication Date (anticipated): [MM/DD/YYYY]

2. DEFINITIONS

“Effective Filing Date” means the date the Trade Name Statement is processed and accepted by the Colorado Secretary of State.
“Newspaper” means the newspaper of general circulation identified in the Document Header.
“Publication Period” means four (4) consecutive weekly issues, unless a longer period is required by local rule or contractual obligation.
“Registrant” means each person or entity listed above that has an ownership interest in the Trade Name.
“Renewal Period” means the interval set forth in Colo. Rev. Stat. § 7-71-103(1) (annual renewal for sole proprietorships and general partnerships; renewal occurs via the entity’s periodic report for entities organized under Title 7).

3. OPERATIVE PROVISIONS

3.1 Purpose. This Notice provides (a) statutory information concerning the Trade Name registration under Colo. Rev. Stat. § 7-71-101, and (b) public notice to all persons doing business with the Registrant.

3.2 Required Disclosure. During the Publication Period, the full text of this Notice shall be published once per week for four (4) successive weeks in the Newspaper.

3.3 Form of Publication. The published text shall, at minimum, include:
a. The Trade Name;
b. The true name(s) and address(es) of each Registrant;
c. The Effective Filing Date; and
d. A statement that the Trade Name registration does not create a separate legal entity.

3.4 Renewal Obligation. The Registrant shall file timely renewal(s) on or before the first day of the month that is the annual anniversary of the Effective Filing Date, unless exempt by statute. Failure to renew will cause the Trade Name to become delinquent and may result in loss of rights.

3.5 Address for Service. All official notices relating to the Trade Name shall be sent to the Principal Place of Business listed in the Document Header until a Change of Address is filed with the Secretary of State.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. Each Registrant represents that it possesses full authority to adopt and use the Trade Name and to execute this Notice.

4.2 Non-Infringement. Registrant warrants, to the best of its knowledge and belief, that use of the Trade Name does not infringe any trademark, service mark, or trade name rights of third parties.

4.3 Accuracy. Registrant represents that all information contained in this Notice is true, correct, and complete as of the Effective Date. This representation survives publication for a period of one (1) year.

5. COVENANTS & RESTRICTIONS

5.1 Continuing Compliance. Registrant shall comply with all applicable provisions of Title 7, Articles 90–115 of the Colorado Revised Statutes, local ordinances, and any industry-specific regulations governing its business activities.

5.2 Updates. Registrant shall promptly file an amendment with the Secretary of State upon any change to the Trade Name, ownership, or address information.

5.3 Publication Proof. Upon completion of the Publication Period, Registrant shall obtain and maintain an Affidavit of Publication from the Newspaper for no less than three (3) years.

6. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Failure to renew the Trade Name within the statutorily required timeframe;
b. Material misstatements in this Notice; or
c. Failure to complete required publication.

6.2 Cure Period. Registrant shall have thirty (30) days after written notice of default to cure.

6.3 Remedies. If default is not cured within the Cure Period, the Secretary of State may mark the Trade Name delinquent or void. Third parties may pursue common-law remedies for misrepresentation, including equitable relief and damages.

7. RISK ALLOCATION

[// GUIDANCE: Indemnification and liability caps are marked “not applicable” in the metadata and therefore intentionally omitted.]

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and any dispute arising herefrom shall be governed by the laws of the State of Colorado without regard to conflict-of-laws principles.

8.2 Forum Selection. Any action arising under or relating to this Notice shall be filed with the clerk of the district court of the county identified in the Document Header.

8.3 Arbitration; Jury Waiver. Not applicable.

9. GENERAL PROVISIONS

9.1 Amendment. Registrant may amend this Notice only by filing an Amendment to Trade Name with the Colorado Secretary of State and by re-publishing if required by local rule.

9.2 Severability. If any provision of this Notice is held invalid, the remaining provisions shall remain in full force to the maximum extent permitted by law.

9.3 Entire Notice. This document, together with the filing accepted by the Secretary of State and the proof of publication, constitutes the complete public notice regarding the Trade Name.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned executes this Fictitious Business Name / Trade Name Registration & Publication Notice as of the Effective Date set forth above.

[// GUIDANCE: Notarization is not required for Colorado trade name filings. Include notarization only if a third-party recipient (e.g., lender) requests it.]

Colo. Rev. Stat. § 7-71-101 (2023)