FICTITIOUS BUSINESS NAME (d/b/a) NOTICE

(Georgia – Trade Name Registration & Publication Form)

I. DOCUMENT HEADER

1. Document Title:
   FICTITIOUS BUSINESS NAME (d/b/a) NOTICE

2. Effective Date:
   [EFFECTIVE DATE]

3. County of Filing:
   [COUNTY], GEORGIA

4. Registrant:
   [FULL LEGAL NAME OF INDIVIDUAL / ENTITY]
   [TYPE OF ENTITY & STATE OF ORGANIZATION (if any)]
   Principal Place of Business: [STREET ADDRESS, CITY, STATE, ZIP]

5. Trade Name (d/b/a):
   [FICTITIOUS OR TRADE NAME UNDER WHICH BUSINESS WILL OPERATE]

6. Recitals
   A. Registrant will transact business in the State of Georgia under the above Trade Name.
   B. Pursuant to O.C.G.A. § 10-1-490 et seq., a person or entity using a trade name must (i) file a verified registration with the Clerk of the Superior Court of the county where the principal place of business is located and (ii) publish notice of such filing in the county’s official legal organ.
   C. This Notice is executed to comply with, and is governed by, Georgia’s trade-name statutes and related regulations (the “Trade Name Laws”).

II. DEFINITIONS

For purposes of this Notice:

“Clerk” means the Clerk of the Superior Court of [COUNTY], Georgia.
“Legal Organ” means the newspaper designated pursuant to O.C.G.A. § 9-13-142 for publication of legal notices within [COUNTY], Georgia.
“Registrant” has the meaning set forth in Section I.4.
“Trade Name” has the meaning set forth in Section I.5.

[// GUIDANCE: Adjust definitions or add additional defined terms if the local Clerk’s office uses county-specific terminology.]

III. OPERATIVE PROVISIONS

1. Filing with Clerk
   Registrant shall file this Notice, duly verified, with the Clerk no later than the earlier of (a) the date business commences under the Trade Name or (b) thirty (30) days after the Effective Date.

2. Publication Requirement
   a. Registrant shall cause this Notice (or a summary containing all information required by O.C.G.A. § 10-1-490) to be published once a week for two (2) consecutive weeks in the Legal Organ.
   b. Publication must occur within thirty (30) days after the filing date stamped by the Clerk.
   c. After the final publication, Registrant shall obtain from the Legal Organ an Affidavit of Publication and file the original affidavit with the Clerk as proof of compliance.

3. Renewal & Amendments
   a. Georgia law does not impose a routine renewal deadline; the registration remains valid until a material change occurs.
   b. Registrant covenants promptly to file an Amended Notice within thirty (30) days of any change in:
   i. Legal name of Registrant;
   ii. Trade Name;
   iii. Principal place of business; or
   iv. Ownership or legal form of Registrant.

4. Duration
   This Notice is effective on the Effective Date and remains in force until properly amended or withdrawn in accordance with Trade Name Laws.

IV. REPRESENTATIONS & WARRANTIES

1. Authority
   Registrant represents that it possesses full authority to adopt and use the Trade Name in Georgia.

2. No Conflict
   Registrant warrants that use of the Trade Name does not infringe any known trademark, service mark, or trade name rights of third parties.

3. Accuracy
   Registrant warrants that all information contained in this Notice is true, correct, and complete to the best of Registrant’s knowledge and belief.

[// GUIDANCE: Trademark clearance is ordinarily outside the Clerk’s review. Advisable to confirm availability via USPTO and Georgia Secretary of State databases.]

V. COVENANTS & RESTRICTIONS

1. Compliance Covenant
   Registrant shall comply with all present and future provisions of the Trade Name Laws, including timely amendment, publication, and withdrawal requirements.

2. Notification Obligation
   Registrant shall give written notice to the Clerk (and re-publish, if required) upon cessation of business under the Trade Name.

VI. DEFAULT & REMEDIES

1. Events of Default
   a. Failure to file this Notice before transacting business under the Trade Name.
   b. Failure to timely publish as required by Section III.2.
   c. Failure to file an Amended Notice upon occurrence of an event listed in Section III.3.b.

2. Statutory Consequences
   a. Registrant may be guilty of a misdemeanor (O.C.G.A. § 10-1-491).
   b. Registrant shall be barred from maintaining any action in Georgia courts arising from the business until compliance is achieved (O.C.G.A. § 10-1-492).

3. Cure
   Upon curing any default, Registrant shall provide documentary proof of such cure to the Clerk.

VII. RISK ALLOCATION

[NOT APPLICABLE]
This Notice is a statutory filing, not a contract allocating risk between parties.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Notice is governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-laws principles.

2. Forum Selection
   Any dispute concerning the sufficiency or validity of this Notice shall be adjudicated exclusively in the Superior Court of [COUNTY], Georgia.

[// GUIDANCE: Arbitration, jury waiver, and injunctive relief provisions are not applicable to a statutory filing and therefore have been omitted.]

IX. GENERAL PROVISIONS

1. Amendment
   This Notice may be amended only by filing an Amended Notice with the Clerk and re-publishing as required by Georgia law.

2. Severability
   If any provision of this Notice is held invalid or unenforceable, such holding shall not affect the remaining provisions, which shall remain in full force and effect.

3. Electronic Signatures
   Where accepted by the Clerk, signatures executed and delivered by electronic means shall be deemed original.

X. EXECUTION BLOCK

Executed on the Effective Date by the undersigned Registrant or its duly authorized representative.
text
_________________________________________
[SIGNATURE OF REGISTRANT OR AUTHORIZED AGENT]

Printed Name: ____________________________
Title/Capacity: ___________________________

State of ____________ )
County of ___________ )

Subscribed and sworn before me this ___ day of __________, 20___.

_________________________________________
Notary Public

My Commission Expires: ___________________

XI. AFFIDAVIT OF PUBLICATION

(To be completed by the Legal Organ and filed with the Clerk after publication)

text
STATE OF GEORGIA )
COUNTY OF [COUNTY] )

Before me, the undersigned authority, personally appeared ______________________________,
who, being duly sworn, deposes and states:

1. I am the authorized representative of [LEGAL ORGAN NAME], the official legal organ of [COUNTY], Georgia.
2. The foregoing Fictitious Business Name Notice concerning “[TRADE NAME]” was published on the following dates:
   • __________, 20
   • __________, 20
3. The attached proof of publication is true and correct.

_________________________________________
[Authorized Newspaper Representative]

Sworn to and subscribed before me this ___ day of __________, 20___.

_________________________________________
Notary Public
My Commission Expires: ___________________
[// GUIDANCE: File the original Affidavit of Publication with the Clerk immediately upon receipt to close the statutory loop.]

© [YEAR] – Prepared for legal professionals. Customize bracketed language and verify all local filing requirements before use.