IOWA FICTITIOUS BUSINESS NAME (DBA)
REGISTRATION & PUBLICATION NOTICE
(Court-Ready Template)
[// GUIDANCE: This template is designed for use by Iowa attorneys when registering and publishing a fictitious business name (“DBA”) for a sole proprietorship, partnership, limited liability company, or corporation. Customize all bracketed items, delete guidance comments before filing, and confirm current county-specific practices.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title
Fictitious Business Name (DBA) Registration & Publication Notice – State of Iowa
1.2 Parties
a. “Registrant”: [FULL LEGAL NAME OF REGISTRANT], a [ENTITY TYPE] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
b. “Clerk”: The Clerk of the [NAME OF COUNTY] County District Court, State of Iowa.
1.3 Effective Date
This Notice becomes effective on [EFFECTIVE DATE] (“Effective Date”).
1.4 Recitals
A. Registrant intends to transact business in Iowa under a name other than its true legal name.
B. Iowa law requires filing of a fictitious business name registration with the appropriate governmental office and, in certain counties, publication of the filing.
C. Registrant submits this Notice to satisfy those requirements and provide public notice of the fictitious name adoption.
2. DEFINITIONS
“Business Day” – A day other than Saturday, Sunday, or an Iowa-recognized legal holiday.
“DBA” or “Fictitious Business Name” – The assumed name under which Registrant will conduct business, identified in Section 3.1.
“Publication Period” – Four (4) consecutive weeks beginning on the first date of publication in a newspaper of general circulation in the county of the principal place of business, or such other period as the county recorder or court clerk may require.
“Record Date” – The date the filing is officially recorded by the Iowa Secretary of State or appropriate county recorder.
“Renewal Deadline” – Five (5) years from the Record Date, or an earlier date if Iowa law is amended to impose periodic renewal, or upon any material change in the information contained herein, whichever occurs first.
3. OPERATIVE PROVISIONS
3.1 Adoption of Fictitious Name
Registrant hereby adopts and will transact business under the fictitious business name:
[DBA NAME]
3.2 Registration Requirements
a. Filing Office. Registrant shall file a duly executed resolution or statement adopting the DBA with:
i. The Iowa Secretary of State (for entities required to file with the Secretary of State); and/or
ii. The recorder of the county in which the principal place of business is located (for sole proprietors and partnerships).
b. Required Content. The filing must include:
i. Registrant’s true legal name and business address.
ii. The DBA.
iii. The nature of the business to be conducted.
iv. Signature(s) of an authorized person, duly notarized.
[// GUIDANCE: Confirm exact county form; some counties provide pre-formatted “Trade Name” certificates.]
3.3 Publication Requirements
a. Newspaper Publication. Within fifteen (15) Business Days after the Record Date, Registrant shall publish this Notice once each week for the Publication Period in a newspaper of general circulation in the county where the principal place of business is located.
b. Proof of Publication. An affidavit of publication from the newspaper shall be filed with the same office that accepted the original registration no later than ten (10) Business Days after completion of the Publication Period.
c. Multiple Counties. If Registrant maintains places of business in more than one Iowa county, Registrant shall repeat the publication requirement in each such county.
3.4 Renewal & Amendment
a. Automatic Calendar Reminder. Registrant shall maintain an internal tickler system to monitor the Renewal Deadline.
b. Amendment. Registrant shall file an amendment within thirty (30) days of any change to the DBA, principal place of business, or ownership structure.
3.5 Record Retention
Registrant shall retain a copy of the filed Notice and proof of publication for not less than seven (7) years following the later of the Record Date or the date of last renewal.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Registrant has full power and authority to adopt and use the DBA.
4.2 Non-Infringement. To the best of Registrant’s knowledge, the DBA does not infringe upon or conflict with any existing trademark, service mark, or business name in Iowa.
4.3 Accuracy. All information contained in this Notice and any related filings is true, correct, and complete as of the Effective Date.
4.4 Survival. The representations and warranties in this Section 4 survive the Record Date and remain in effect for the duration of the DBA’s use.
5. COVENANTS & RESTRICTIONS
5.1 Compliance. Registrant shall at all times comply with applicable federal, state, and local laws governing the use of the DBA.
5.2 Maintenance of Good Standing. Registrant shall maintain good standing with the Iowa Secretary of State (if an entity) and all relevant taxing authorities.
5.3 Notice of Legal Proceedings. Registrant shall provide written notice to the Clerk within fifteen (15) Business Days of becoming aware of any litigation or administrative proceeding challenging Registrant’s right to use the DBA.
6. DEFAULT & REMEDIES
6.1 Events of Default. The following constitute default:
a. Failure to timely publish the Notice.
b. Failure to timely renew or amend as required.
c. Breach of any representation, warranty, or covenant herein.
6.2 Cure Period. Registrant shall have ten (10) Business Days after written notice from any interested party or the Clerk to cure a default.
6.3 Remedies. Upon failure to cure, the Clerk or any person aggrieved may:
a. Seek administrative cancellation of the DBA filing.
b. Pursue damages, costs, and equitable relief available under applicable law.
[// GUIDANCE: Injunctive relief has been excluded per the user’s metadata settings.]
7. RISK ALLOCATION
7.1 Force Majeure. Registrant is excused from timely performance of publication or renewal obligations to the extent delayed by events beyond Registrant’s reasonable control (e.g., natural disasters, newspaper cessation).
7.2 Limitation of Liability & Indemnification. Not applicable per metadata instructions; all statutory liability remains unaffected.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice is governed by the laws of the State of Iowa without regard to conflict-of-laws principles.
8.2 Forum Selection. Any dispute arising from or relating to this Notice shall be filed with and decided by the Clerk of the District Court in the Iowa county where the DBA is registered.
8.3 Arbitration & Jury Trial. Not applicable; no arbitration agreement or jury-trial waiver is provided.
9. GENERAL PROVISIONS
9.1 Amendment. This Notice may be amended only by a writing executed by Registrant and filed in accordance with Iowa law.
9.2 Assignment. Registrant may not assign rights in the DBA without first amending the registration to reflect the assignee’s identity.
9.3 Severability. If any provision of this Notice is held invalid, the remaining provisions remain in full force.
9.4 Integration. This document, together with any filed amendments and affidavits of publication, constitutes the entire notice required under Iowa law regarding the DBA.
9.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts and by electronic signature, each of which is deemed an original.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned executes this Fictitious Business Name Registration & Publication Notice as of the Effective Date.
| Registrant |
|---|
| By: ________ |
| Name: [AUTHORIZED SIGNATORY] |
| Title: [CAPACITY] |
| Date: ______ |
[Notary Acknowledgment Block – Iowa]
State of Iowa )
) ss.
County of ____ )
On this _ day of _, 20____, before me, the undersigned, a Notary Public in and for said State, personally appeared [AUTHORIZED SIGNATORY], to me known to be the person named in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed.
Notary Public in and for the State of Iowa
My commission expires: ____
[// GUIDANCE: Submit the executed original to the appropriate filing office, obtain a stamped copy, and immediately begin the publication process. Maintain all proofs for audit and renewal purposes.]