FICTITIOUS BUSINESS NAME (DBA)
REGISTRATION & PUBLICATION NOTICE
State of Kansas
[// GUIDANCE: This template is drafted for use by Kansas-licensed counsel when preparing the public notice customarily published in connection with the filing of a Business Entity Fictitious Name Application (Form FA) with the Kansas Secretary of State (“SOS”). Because Kansas imposes few statutory formalities on fictitious names, local practice and individual county publication rules may vary. Confirm local requirements before finalizing or publishing this Notice.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
3.1 Registration Information
3.2 Publication Statement
3.3 Renewal & Maintenance Requirements - Representations & Warranties
- Miscellaneous Provisions
- Execution Block
- Optional Notary Acknowledgment
1. DOCUMENT HEADER
1.1 Title of Notice
NOTICE OF FILING OF FICTITIOUS BUSINESS NAME (DBA)
(By Business Entity or Individual Proprietor)
1.2 Parties Identification
a. Business Owner Name: [BUSINESS OWNER LEGAL NAME]
b. Entity Type: [Corporation / LLC / Partnership / Sole Proprietor]
c. State/Country of Formation (if entity): [STATE]
d. Principal Business Address: [STREET, CITY, STATE, ZIP]
1.3 Fictitious Business Name (DBA)
[FICTITIOUS BUSINESS NAME EXACTLY AS FILED]
1.4 Filing Authority & Jurisdiction
Filed with the Kansas Secretary of State pursuant to applicable Kansas business-entity statutes and administrative regulations (collectively, “Kansas Business Name Law”).
1.5 Effective Date of Notice
Effective as of [EFFECTIVE DATE] (“Effective Date”).
2. DEFINITIONS
For purposes of this Notice, capitalized terms have the meanings set forth below:
“Business Owner” means the individual or business entity identified in Section 1.2.
“DBA” or “Fictitious Business Name” means the business name set forth in Section 1.3 under which the Business Owner intends to transact business in Kansas.
“Notice” means this Fictitious Business Name Registration & Publication Notice.
“Publication Period” means the continuous period of [PUBLICATION_DURATION] days/weeks during which this Notice is required to be published in accordance with Section 3.2.
[// GUIDANCE: Add additional defined terms if local county rules introduce unique terminology.]
3. OPERATIVE PROVISIONS
3.1 Registration Information
a. SOS Filing Date: [FILING DATE]
b. SOS Filing Number: [FILING NUMBER]
c. County(ies) of Principal Operation in KS: [COUNTY/COUNTIES]
d. Primary Business Activity Conducted Under DBA: [DESCRIPTION]
[// GUIDANCE: Kansas SOS Form FA permits one (1) fictitious name per filing and requires that the name be distinguishable on SOS records. Counsel should perform a pre-clearance search to reduce rejection risk.]
3.2 Publication Statement
The Business Owner hereby gives public notice that:
i. The DBA identified above has been duly filed with the SOS as of the Filing Date.
ii. In satisfaction of any applicable county-level publication requirement, this Notice shall be published in [NAME OF LEGAL NEWSPAPER] once per week for [NUMBER] consecutive week(s), commencing no later than [PUBLICATION START DATE] and concluding no earlier than the expiration of the Publication Period.
iii. An Affidavit of Publication, substantially in the form attached hereto as Exhibit A, shall be obtained from the publisher and maintained with the Business Owner’s organizational records for not less than five (5) years from the final publication date.
[// GUIDANCE: Kansas does not impose a statewide publication mandate; however, certain counties require publication within thirty (30) days after SOS filing. Verify county clerk instructions.]
3.3 Renewal & Maintenance Requirements
a. Term. Kansas law presently provides no automatic expiration of a DBA filed on Form FA.
b. Amendment. The Business Owner shall file an amended fictitious name application with the SOS within thirty (30) days of any change to:
1. The DBA;
2. The Business Owner’s legal name; or
3. The Business Owner’s principal business address.
c. Voluntary Cancellation. If the DBA is abandoned or no longer in use, the Business Owner shall file a cancellation with the SOS and, where required, publish notice of abandonment in the same manner as the original publication.
d. Recommended Renewal Audit. As a matter of prudence, the Business Owner shall review the status of the DBA at least once every five (5) years and take such actions as may be necessary to maintain good standing.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. The individual executing this Notice on behalf of the Business Owner represents that he/she has full power and authority to do so.
4.2 Accuracy. The Business Owner warrants that all information contained herein is, to the best of its knowledge, true, correct, and complete as of the Effective Date, and will promptly correct any material misstatement or omission.
4.3 Name Availability. The Business Owner represents that, at the time of SOS filing, the DBA was distinguishable from any other name on record with the SOS or otherwise reserved under Kansas law.
4.4 Compliance. The Business Owner warrants ongoing compliance with all applicable federal, state, and local laws, ordinances, and regulations governing the conduct of business under the DBA.
5. MISCELLANEOUS PROVISIONS
5.1 Governing Law. This Notice shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-laws principles.
5.2 Filing & Publication Costs. All costs associated with SOS filing, required newspaper publication, and obtaining the Affidavit of Publication shall be borne exclusively by the Business Owner.
5.3 Severability. If any provision of this Notice is determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to carry out the intent of the parties.
5.4 Entire Notice. This document constitutes the complete and exclusive statement of the public notice being made in respect of the DBA and supersedes any prior or contemporaneous oral or written statements relating thereto.
5.5 Amendments. Any amendment to this Notice shall be made in writing, executed by the Business Owner, and, where required, published in accordance with Section 3.2.
6. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned executes this Notice as of the Effective Date.
[BUSINESS OWNER LEGAL NAME]
By: __________
Name: [AUTHORIZED SIGNATORY NAME]
Title: [AUTHORIZED SIGNATORY TITLE]
Date: [DATE OF SIGNATURE]
7. OPTIONAL NOTARY ACKNOWLEDGMENT
State of Kansas )
County of [__] ) ss.
On this _ day of __, 20, before me, [NOTARY NAME], a Notary Public in and for the State and County aforesaid, personally appeared [AUTHORIZED SIGNATORY NAME], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledged that he/she executed the same on behalf of and with authority from [BUSINESS OWNER LEGAL NAME].
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires: _____
EXHIBIT A – FORM OF AFFIDAVIT OF PUBLICATION
[Attach the publisher’s standard affidavit form; ensure it references the exact publication dates, newspaper of record, and the text of the Notice as published.]
[// GUIDANCE: File the executed Affidavit with the county clerk only if local rules require. Retain a copy in the entity minute book or equivalent record.]
END OF DOCUMENT