Fictitious Business Name (DBA) Notice - Kansas

FICTITIOUS BUSINESS NAME (DBA) NOTICE

State of Kansas

IMPORTANT NOTICE — KANSAS DOES NOT HAVE A STATE-LEVEL DBA REGISTRATION

Kansas does not have a formal state-level DBA or fictitious name registration system. The Kansas Secretary of State does not accept DBA filings. Instead, DBA/assumed name registration, if required at all, is handled at the county level by the county clerk or register of deeds. Not all Kansas counties require such filings.

Businesses operating under a name other than their registered legal name should check with the county clerk of each county where they operate to determine whether a local filing is required or recommended.

This template provides notice and documentation forms for businesses operating under a fictitious or assumed name in Kansas, including forms suitable for county-level filing where required.

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Registrant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship
☐ General Partnership
☐ Limited Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Liability Partnership
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

Kansas Secretary of State Entity ID (if applicable): [________________________________]

1.2 Contact Information

Principal Place of Business Address:

Street: [________________________________]

City: [________________________________] County: [________________________________]

State: KS Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Owners / Partners

PART TWO: FICTITIOUS BUSINESS NAME INFORMATION

2.1 Fictitious Business Name (DBA)

Assumed Name Under Which Business Will Be Conducted:

[________________________________]

2.2 Nature of Business

Brief Description of Business Activities:

[________________________________]

[________________________________]

2.3 Date of Commencement

Date Business Commenced (or Will Commence) Under DBA: [__/__/____]

2.4 Business Location(s) in Kansas

Primary Business Location:

Street: [________________________________]

City: [________________________________] County: [________________________________]

Additional Counties Where Business Is Conducted:

☐ [________________________________]
☐ [________________________________]

PART THREE: KANSAS LEGAL FRAMEWORK

3.1 No State-Level DBA Filing

Kansas does not require or permit the filing of a DBA or fictitious business name at the state level. The Kansas Secretary of State does not maintain a DBA registry.

Key implications:

☐ No exclusive rights are conferred by merely using a DBA in Kansas
☐ There is no statewide database for DBA names
☐ Name protection must be sought through other means (trademark registration, etc.)

3.2 County-Level Requirements

Individual Kansas counties may have their own requirements for registering an assumed or fictitious business name. These requirements vary by county and may include:

☐ Filing with the county clerk or register of deeds
☐ Publication in a newspaper of general circulation in the county
☐ Payment of a county filing fee (amounts vary)

You must check with the county clerk of each county where the business operates to determine local requirements.

3.3 Business Entities Operating Under Assumed Names

Under K.S.A. § 17-7673, certain Kansas business entities (corporations, LLCs, limited partnerships) may need to file an assumed name certificate with the Kansas Secretary of State when operating under a name different from their registered entity name. This is distinct from a DBA for sole proprietors and general partnerships.

☐ Check with the Kansas Secretary of State for assumed name filing requirements specific to registered entities: https://sos.ks.gov/

3.4 Partnership Fictitious Names

Under the Kansas Revised Uniform Partnership Act (K.S.A. § 56-1-601 et seq.), general partnerships may file a Statement of Authority or Statement of Partnership with the Secretary of State, which can include information about the partnership's name.

PART FOUR: COUNTY-LEVEL DBA REGISTRATION FORM

(For Filing with County Clerk Where Required)

CERTIFICATE OF ASSUMED / FICTITIOUS BUSINESS NAME

COUNTY OF [________________________________], STATE OF KANSAS

The undersigned hereby certifies:

1. Assumed Business Name: [________________________________]

2. Registrant Information:

Full Legal Name: [________________________________]

Entity Type: [________________________________]

Street Address: [________________________________]

City: [________________________________] State: [____] Zip: [________]

3. Additional Owners/Partners (if applicable):

4. Principal Business Address in [________________] County:

[________________________________]

5. Nature of Business:

[________________________________]

6. Date Business Commenced (or Will Commence): [__/__/____]

7. Declaration:

The undersigned declares that the information contained in this certificate is true, correct, and complete.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title/Capacity: [________________________________]

PART FIVE: OPTIONAL PUBLICATION NOTICE

Some Kansas counties require newspaper publication of assumed name filings. Even where not required, publication provides constructive notice to the public.

PUBLICATION TEXT

NOTICE OF ASSUMED BUSINESS NAME

Notice is hereby given that [Legal Name of Registrant], [entity type], located at [Business Address], is conducting (or intends to conduct) business in [County Name] County, Kansas under the assumed name "[DBA Name]".

The nature of the business is: [Description of Business].

[Legal Name of Registrant]

First publication date: [__/__/____]

Publication Checklist

☐ Identify a newspaper of general circulation in the county of the business
☐ Publish once per week for [____] consecutive weeks (verify county requirement; typically 1-3 weeks)
☐ Obtain Affidavit of Publication from the newspaper
☐ File the Affidavit with the county clerk (if required by local practice)
☐ Retain the Affidavit in business records for at least five (5) years

PART SIX: AFFIDAVIT OF PUBLICATION

State of Kansas
County of [________________________________]

I, [________________________________], being duly sworn, depose and say:

1. I am the [Title] of [Newspaper Name], a newspaper of general circulation published in [City], [County] County, Kansas.

2. The attached Notice of Assumed Business Name for "[DBA Name]" was published in said newspaper on the following dates:

• First publication: [__/__/____]
• Second publication: [__/__/____]
• Third publication: [__/__/____]

3. The publication was made in compliance with applicable county requirements.

Subscribed and sworn to before me this [____] day of [____________], [________].

Affiant Signature: _________________________________

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART SEVEN: RENEWAL AND MAINTENANCE

7.1 Renewal

Kansas does not impose a statewide renewal requirement for DBAs. County-level renewal requirements vary:

☐ Check with the county clerk for the applicable renewal period (if any)
☐ Some counties may require periodic renewal; others do not
☐ Best practice: Review DBA status at least every five (5) years

7.2 Amendment

If material information changes, file an updated certificate with the county clerk:

☐ Change in the assumed business name
☐ Change in the registrant's legal name or address
☐ Change in ownership
☐ Addition or removal of partners/owners

7.3 Cancellation / Abandonment

When the registrant ceases to use the assumed business name:

☐ File a cancellation or abandonment notice with the county clerk
☐ If the original DBA was published, consider publishing an abandonment notice
☐ Notify banks, vendors, and counterparties of the name change

PART EIGHT: NAME PROTECTION STRATEGIES

Because Kansas does not have a statewide DBA system, businesses should consider additional name protection:

8.1 Kansas Trademark Registration

☐ File a trademark or service mark registration with the Kansas Secretary of State
☐ Filing provides statewide name protection beyond what a county DBA offers
☐ Search existing Kansas trademarks at https://sos.ks.gov/

8.2 Federal Trademark Registration

☐ File a federal trademark application with the U.S. Patent and Trademark Office (USPTO)
☐ Provides nationwide protection in interstate commerce
☐ Search existing marks at www.uspto.gov/trademarks

8.3 Entity Name Registration

☐ If operating as an LLC or corporation, the registered entity name is protected statewide through the Secretary of State
☐ Consider registering a new LLC or changing the entity name rather than using a DBA

8.4 Common Law Protection

☐ Under Kansas common law, the first user of a trade name in a given geographic area may have priority rights
☐ Document first use of the name with dated records (contracts, advertising, invoices)

PART NINE: PENALTIES AND PRACTICAL CONSIDERATIONS

9.1 Consequences of Operating Under Unregistered Name

While Kansas does not have state-level penalties for failing to register a DBA, there may be practical consequences:

☐ Difficulty opening a business bank account without documentation of the DBA
☐ Potential issues with business licensing at the county or municipal level
☐ Inability to enforce contracts entered under the DBA name in some circumstances
☐ County-level penalties may apply where local filing is required but not completed

9.2 Banking Requirements

Most Kansas banks will require documentation to open a business account under a DBA name:

☐ County-filed assumed name certificate (if available)
☐ Business formation documents (Articles of Organization, etc.)
☐ Employer Identification Number (EIN)
☐ Government-issued photo identification

PART TEN: NOTARY ACKNOWLEDGMENT

State of Kansas
County of [________________________________]

On this [____] day of [____________], [________], before me, the undersigned Notary Public, personally appeared [________________________________], 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 [Entity Name].

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART ELEVEN: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Fictitious Business Name Notice as of the date set forth below.

Registrant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART TWELVE: FILING INSTRUCTIONS AND CHECKLIST

Complete Filing Guide

Step 1: Determine Local Requirements

☐ Contact the county clerk of each county where the business operates
☐ Determine whether a DBA or assumed name certificate filing is required or recommended
☐ Obtain county-specific filing forms and fee schedules

Step 2: Search for Name Conflicts

☐ Check with the county clerk for any conflicting names on file
☐ Search the Kansas Secretary of State entity database: https://sos.ks.gov/
☐ Consider searching the USPTO trademark database: www.uspto.gov
☐ Check for conflicting domain names

Step 3: Complete and File the Certificate

☐ Complete Part Four (County-Level DBA Registration Form)
☐ File with the county clerk and pay the applicable filing fee
☐ Retain a file-stamped copy

Step 4: Publish Notice (If Required by County)

☐ Determine county publication requirements
☐ If required, use the Publication Notice form in Part Five
☐ Obtain and retain the Affidavit of Publication (Part Six)

Step 5: Consider Additional Protections

☐ Evaluate the need for state or federal trademark registration
☐ Consider registering an LLC or corporation with the desired name

Step 6: Maintain Records

☐ Retain all filed documents and publication proofs for at least five (5) years
☐ Calendar any county-required renewal deadlines
☐ File amendments upon any material change
☐ File cancellation when the DBA is no longer in use

Sources and References

• Kansas Secretary of State — Business Entities: https://sos.ks.gov/business/business-entities.html
• Kansas Secretary of State — Business Entity FAQ: https://sos.ks.gov/business/faq-business-entity.html
• K.S.A. § 17-7673 (Assumed Names for Business Entities)
• K.S.A. § 56-1-601 et seq. (Kansas Revised Uniform Partnership Act)
• Contact your county clerk for local DBA requirements

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a Kansas-licensed attorney before filing.