MISSOURI FICTITIOUS BUSINESS NAME (DBA) NOTICE

[// GUIDANCE: Use this template for (1) filing evidence with the newspaper of record when voluntary publication is desired or (2) internal record-keeping. Missouri law (RSMo §§ 417.200-417.230) does not require newspaper publication, but some lenders, vendors, or counties may request proof of public notice. Remove or modify any section not required for your specific use.]

I. DOCUMENT HEADER

NOTICE OF REGISTRATION AND USE OF FICTITIOUS BUSINESS NAME
Effective Date: [ EFFECTIVE DATE ]
Governing Law: State of Missouri
County of Publication (if any): [ COUNTY ]

Parties:
1. Registrant: [ LEGAL ENTITY NAME ], a [ TYPE OF ENTITY ] organized under the laws of Missouri, with its principal place of business at [ BUSINESS ADDRESS ], [ CITY ], MO [ ZIP ] (“Registrant”).
2. Secretary of State: The Office of the Missouri Secretary of State (“SOS”).

Recitals:
A. Registrant has adopted and is using the fictitious business name set forth below in the conduct of its business within the State of Missouri.
B. Pursuant to Mo. Rev. Stat. §§ 417.200-417.230, Registrant filed a Fictitious Name Registration with the SOS on [ SOS FILING DATE ] under Filing No. [ SOS FILING NUMBER ].
C. Registrant desires to publish—or otherwise give public notice of—its fictitious business name to evidence compliance with Missouri law and to put all interested parties on notice of Registrant’s ownership and use of such name.

II. DEFINITIONS

For purposes of this Notice:
“Fictitious Name” means the trade name, assumed name, or “doing-business-as” designation set forth in Section III below.
“Notice” means this Missouri Fictitious Business Name (DBA) Notice, including any exhibits or attachments.
“Renewal Deadline” means the last day of the five-year registration term measured from the SOS filing date.

III. OPERATIVE PROVISIONS

1. Fictitious Name: [ FICTITIOUS BUSINESS NAME ]
2. First Use in Missouri: [ DATE OF FIRST USE ]
3. Business Purpose (optional): [ BUSINESS PURPOSE / NAICS CODE ]
4. SOS Filing Data:
   a. Filing Date: [ SOS FILING DATE ]
   b. Filing No.: [ SOS FILING NUMBER ]
5. Renewal Obligations: Registrant shall renew the Fictitious Name Registration with the SOS on or before the Renewal Deadline (i.e., within the six-month window preceding the fifth anniversary of the Filing Date) to avoid expiration.
6. Publication Data (if applicable):
   a. Newspaper of Record: [ PUBLICATION NEWSPAPER ]
   b. Publication Run Dates: [ FIRST PUB DATE ] through [ LAST PUB DATE ]
   c. Number of Insertions: [ NUMBER ]

[// GUIDANCE: If publication is not being made, delete § III(6) and renumber.]

IV. REPRESENTATIONS & WARRANTIES

Registrant hereby represents and warrants to all interested parties that:
1. Capacity: Registrant is duly organized, validly existing, and in good standing under the laws of Missouri.
2. Authority: The undersigned signatory has full authority to execute and deliver this Notice on behalf of Registrant.
3. Accuracy: All information contained in this Notice is true, correct, and complete as of the Effective Date.
4. Non-Infringement: To Registrant’s knowledge, use of the Fictitious Name does not infringe the intellectual-property or trade-name rights of any third party.

The foregoing representations and warranties shall survive the publication (if any) and filing of this Notice for a period coterminous with Registrant’s use of the Fictitious Name in Missouri.

V. COVENANTS

1. Compliance Covenant: Registrant shall, at all times, comply with Mo. Rev. Stat. §§ 417.200-417.230 and any successor statutes relating to fictitious business names.
2. Renewal Covenant: Registrant shall timely renew or re-register the Fictitious Name prior to expiration and shall promptly amend the registration if any information becomes inaccurate or incomplete.
3. Change of Information: Registrant shall file an amendment with the SOS within sixty (60) days of any change to the information provided in § III.

VI. DEFAULT & REMEDIES

1. Event of Default: Failure to comply with the covenants in § V constitutes an Event of Default.
2. Remedies: Upon an Event of Default, Registrant may be subject to:
   a. Administrative dissolution (for domestic entities) or revocation of authority (for foreign entities) by the SOS;
   b. Loss of exclusive right to the Fictitious Name; and
   c. Statutory penalties under Mo. Rev. Stat. § 417.230.

[// GUIDANCE: Monetary penalties are currently capped at $5,000 under § 417.230(2). Verify before final publication.]

VII. RISK ALLOCATION

This Notice is purely informational and does not create contractual obligations between Registrant and any third party. Registrant disclaims any liability for reliance by third parties except to the extent required by applicable law.

VIII. DISPUTE RESOLUTION

Any dispute arising from or relating to the accuracy or propriety of the information contained herein shall be governed by the laws of the State of Missouri. Venue shall lie exclusively in the state courts sitting in [ COUNTY ], Missouri.

IX. GENERAL PROVISIONS

1. Amendments: Registrant may amend this Notice only by issuing a superseding notice containing updated information.
2. Severability: If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. Entire Notice: This Notice constitutes the entire public notice concerning the Fictitious Name as of the Effective Date.
4. Electronic Signatures: A pdf, facsimile, or otherwise electronically-transmitted signature shall be deemed valid and binding for all purposes.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned, being duly authorized, executes this Missouri Fictitious Business Name (DBA) Notice as of the Effective Date set forth above.

text

[AUTHORIZED SIGNATORY NAME], [TITLE]
For and on behalf of [LEGAL ENTITY NAME]

Date: ____
[// GUIDANCE: Missouri does not require notarization of a fictitious name notice (only the SOS registration form). Notarize here only if the publishing newspaper, lender, or other stakeholder demands it.]

OPTIONAL NOTARY ACKNOWLEDGMENT (MISSOURI)

State of Missouri )
County of __ ) ss.

On this ___ day of _, 20, 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 for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public
My commission expires: ______

[// GUIDANCE: File the original registration with the Missouri Secretary of State within five (5) days of first use (§ 417.210), then calendar the five-year Renewal Deadline (§ 417.230). Retain a copy of this Notice and any publication affidavit in the corporate minute book.]