FICTITIOUS BUSINESS NAME (TRADE NAME / DBA)

REGISTRATION & PUBLICATION NOTICE

State of Louisiana

[// GUIDANCE: This template is designed for Louisiana practitioners to satisfy the statutory “trade name” (a/k/a fictitious business name or DBA) filing under La. Rev. Stat. Ann. § 51:211 et seq. It is structured per the REQUIRED DOCUMENT ARCHITECTURE, although many contract-style sections are intentionally marked “Reserved / Not Applicable” because a notice is largely ministerial. Edit or delete any reserved sections before finalizing.]

TABLE OF CONTENTS

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

1. DOCUMENT HEADER

1.1 Title. Fictitious Business Name (Trade Name / DBA) Registration & Publication Notice.

1.2 Registrant. [LEGAL NAME OF REGISTRANT], a [BUSINESS STRUCTURE—e.g., “Louisiana limited liability company,” “individual sole proprietor,” etc.].

1.3 Trade Name / DBA. [TRADE NAME / DBA] (the “Trade Name”).

1.4 Principal Place of Business. [STREET ADDRESS, CITY, PARISH, LA ZIP].

1.5 Effective Date. [DATE] (the “Effective Date”).

1.6 Jurisdiction. State of Louisiana; filings to be made with the Louisiana Secretary of State (“SOS”) and, where applicable, the Clerk of Court of [PARISH] Parish (“Clerk”).

2. DEFINITIONS

“Clerk” – The Clerk of Court of the Parish where the Registrant maintains its principal Louisiana place of business.

“Publication” – The required newspaper notice, if any, made in the official journal of the relevant Parish pursuant to Section 3.2.

“Registrant” – The party identified in Section 1.2.

“SOS” – The Louisiana Secretary of State, Commercial Division.

“Trade Name” – The fictitious business name identified in Section 1.3 and defined at La. Rev. Stat. Ann. § 51:211(2) (2024).

3. OPERATIVE PROVISIONS

3.1 Filing for Registration.
(a) The Registrant shall file an “Application to Register Trade Name” on SOS Form #301, together with the statutory filing fee, within five (5) business days after the Effective Date.
(b) If the Registrant is a sole proprietorship or general partnership, a duplicate original shall be filed with the Clerk pursuant to La. Rev. Stat. Ann. § 51:213(B) (2024).

3.2 Publication of Notice.
(a) If Publication is required by the Clerk or by local ordinance, the Registrant shall cause this Notice to be published one (1) time per week for two (2) consecutive weeks in the official journal of [PARISH] Parish, commencing not later than thirty (30) days after the SOS filing date.
(b) Proof of Publication (Affidavit of Publisher) shall be filed with the Clerk within ten (10) days after the final insertion.
[// GUIDANCE: Many parishes waive Publication if the SOS filing is completed; confirm with the Clerk before publishing.]

3.3 Term of Registration. Subject to renewal, the Trade Name registration is effective for ten (10) years from the SOS filing date. La. Rev. Stat. Ann. § 51:213(A) (2024).

3.4 Renewal Deadlines. The Registrant may renew the Trade Name for additional ten-year terms by filing SOS Form #301A, and any Clerk-level renewal, during the six (6) months immediately preceding the expiration date. Failure to renew within that window results in lapse of rights without further notice.

3.5 Continuing Use. The Registrant shall continuously use the Trade Name in Louisiana commerce during each term. Non-use for a consecutive period of three (3) years constitutes abandonment under La. Rev. Stat. Ann. § 51:214(A)(1) (2024).

4. REPRESENTATIONS & WARRANTIES

4.1 Authority. The individual signing this Notice on behalf of the Registrant has full authority to bind the Registrant.

4.2 No Infringement. Registrant represents that, to its knowledge, use of the Trade Name does not infringe the trademark or trade name rights of any third party.

4.3 Accurate Information. All information contained herein and in the SOS/Clerk filings is true, correct, and complete in all material respects as of the Effective Date.

4.4 Survival. The representations and warranties in this Section 4 survive the filing and Publication of this Notice.

5. COVENANTS & RESTRICTIONS

5.1 Compliance with Law. Registrant shall comply with all applicable federal, state, and local laws governing the use of the Trade Name, including—but not limited to—La. Rev. Stat. Ann. § 51:211 et seq.

5.2 Notice of Change. Registrant shall file an amendment with the SOS (and the Clerk, if applicable) within sixty (60) days of any change in: (a) Registrant name or legal structure; (b) principal place of business; or (c) discontinuance of the Trade Name.

5.3 Non-Assignment. Registrant shall not assign or transfer the Trade Name registration except in connection with the bona fide sale of the underlying business and after filing the required assignment documents with the SOS.

6. DEFAULT & REMEDIES

6.1 Events of Default.
(a) Any false or misleading statement in this Notice or in the SOS/Clerk filings;
(b) Failure to complete Publication when required;
(c) Failure to renew timely; or
(d) Abandonment of the Trade Name.

6.2 Remedies. Upon any Event of Default, the SOS or Clerk may cancel the Trade Name registration and issue public notice of such cancellation. Third parties may thereafter freely adopt and register the same or a confusingly similar trade name.

6.3 Attorney Fees. If any civil action is instituted to enforce compliance with this Notice, the prevailing party shall be entitled to reasonable attorney fees and costs.

7. RISK ALLOCATION (Reserved / Not Applicable)

[// GUIDANCE: Standard indemnification and liability-cap language is unnecessary for a statutory notice. Delete or repurpose if the notice is incorporated into a broader transactional document.]

8. DISPUTE RESOLUTION

8.1 Governing Law. This Notice and all related filings are governed by the laws of the State of Louisiana without regard to its conflict-of-laws rules.

8.2 Forum Selection. Any dispute arising out of or relating to the Trade Name registration shall be brought exclusively in the state courts sitting in [PARISH] Parish, Louisiana.

8.3 Arbitration & Jury Waiver. Not applicable. Nothing herein shall be construed as a waiver of constitutional rights to judicial resolution.

9. GENERAL PROVISIONS

9.1 Amendments. Any amendment to this Notice must be in writing, signed by an authorized representative of the Registrant, and filed with the SOS (and Clerk, if applicable).

9.2 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9.3 Entire Notice. This document, together with all SOS and Clerk filings and any Proof of Publication, constitutes the complete and exclusive statement of the Registrant’s fictitious business name notice obligations.

9.4 Electronic Filing & Signatures. The SOS accepts electronic filings and digital signatures via its geauxBIZ portal, which shall be deemed originals for all purposes.

10. EXECUTION BLOCK

Executed on the Effective Date set forth above.

NOTARY ACKNOWLEDGMENT (if required by Clerk)

State of Louisiana
Parish of _______

On this ___ day of ____, 20__, before me, the undersigned Notary Public, personally appeared [SIGNATORY NAME], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed on this instrument, and acknowledged that he/she executed the same for the purposes therein contained.

Notary Public
Notary I.D. No.: ____

My commission expires: _____

[// GUIDANCE: 1) Attach Proof of Publication when available. 2) Retain SOS acknowledgment for the file. 3) Calendar the renewal date immediately upon receipt of SOS filing confirmation.]