FICTITIOUS BUSINESS NAME / DBA NOTICE

(Oklahoma)

[// GUIDANCE: This template is drafted to satisfy Oklahoma’s trade-name (DBA) registration and publication requirements while giving practitioners ample space to tailor the form to a client’s facts. Delete guidance blocks before finalizing for filing or publication.]

TABLE OF CONTENTS

1. Document Header ......................................................... 2
2. Definitions ............................................................. 3
3. Operative Provisions .................................................... 4
4. Representations & Warranties ............................................ 5
5. Covenants & Restrictions ................................................ 5
6. Default & Remedies ...................................................... 6
7. Risk Allocation (Reserved/Not Applicable) ............................... 6
8. Dispute Resolution ...................................................... 6
9. General Provisions ...................................................... 7
10. Execution Block ........................................................ 8

1. DOCUMENT HEADER

1.1 Title
 FICTITIOUS BUSINESS NAME (DBA) NOTICE AND AFFIDAVIT OF PUBLICATION

1.2 Parties
 a. “Registrant”:   [LEGAL NAME OF ENTITY OR INDIVIDUAL]
 b. “Affiant”:     [NAME OF PERSON SIGNING; MAY BE SAME AS REGISTRANT]
 c. “County Publication Newspaper”:  [NAME OF NEWSPAPER OF GENERAL CIRCULATION]

1.3 Effective Date
 The “Effective Date” means the date this Notice is first executed by the Registrant and filed with the Oklahoma Secretary of State.

1.4 Governing Law & Forum
 This Notice shall be governed by the business-entity and trade-name laws of the State of Oklahoma (“state_business_law”). Any filing, contest, or related proceeding shall be brought before the [NAME OF COUNTY] County Court Clerk or such other Oklahoma state official as may be statutorily designated.

[// GUIDANCE: Oklahoma does not mandate arbitration, jury waiver, or injunctive-relief language for a mere DBA notice. Sections that would normally house such clauses are therefore marked “Reserved” or omitted.]

2. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Act” means the Oklahoma statutes governing the registration, publication, renewal, and administration of trade or fictitious business names, together with all implementing regulations (collectively, the “Trade-Name Statutes”).

“Business Address” means the principal street address in Oklahoma from which the Registrant will transact business under the Trade Name.

“Publication Period” means the consecutive weeks during which statutory publication in a newspaper of general circulation must occur under the Trade-Name Statutes.

“Renewal Deadline” means the last day on which the Registrant may file a timely renewal of its Trade Name registration (generally five (5) years from the Effective Date unless the Act is amended).

“Trade Name” means the fictitious business name / DBA set forth in Section 3.1(a).

3. OPERATIVE PROVISIONS

3.1 Statutory Notice
 Pursuant to the Act, the Registrant hereby publishes the following information:

a. Trade Name:   [TRADE OR FICTITIOUS BUSINESS NAME]
 b. Registrant’s Legal Name: [LEGAL NAME OF ENTITY OR INDIVIDUAL]
 c. Business Address:  [STREET, CITY, STATE, ZIP]
 d. Entity Type (if any): [Corporation / LLC / Partnership / Sole Proprietor]
 e. Jurisdiction of Formation (if applicable): [STATE]
 f. Date of Filing with Oklahoma Secretary of State: [MM / DD / YYYY]
 g. Filing Number (if assigned): [SECRETARY OF STATE FILE NO.]

3.2 Statement of Intent
 The Registrant intends to engage in, conduct, and transact all lawful business in Oklahoma under the Trade Name on and after the Effective Date.

3.3 Publication Requirement
 a. The Registrant shall cause this Notice to be published once each week for two (2) consecutive weeks in the County Publication Newspaper.
 b. An Affidavit of Publication, endorsed by the newspaper’s authorized representative, shall be attached to this Notice immediately following completion of the Publication Period.

3.4 Renewal Requirement
 Registrant shall file a renewal application with the Oklahoma Secretary of State on or before the Renewal Deadline to maintain the Trade Name in good standing.

3.5 Duration
 Unless earlier discontinued or cancelled pursuant to the Act, the Trade Name registration is effective for five (5) years from the Effective Date and is renewable for successive five-year terms.

4. REPRESENTATIONS & WARRANTIES

4.1 Authority
 The Registrant has full legal right, power, and authority to adopt and use the Trade Name in Oklahoma.

4.2 Non-Infringement
 To the Registrant’s knowledge after reasonable inquiry, the Trade Name does not infringe or violate the intellectual-property rights of any third party.

4.3 Accuracy
 All information contained in this Notice and in the accompanying filing documents is true, correct, and complete as of the Effective Date.

4.4 Survival
 The representations and warranties in this Section 4 survive for the statutory life of the registration.

5. COVENANTS & RESTRICTIONS

5.1 Compliance
 The Registrant shall at all times comply with:
 a. the Act;
 b. all publication and renewal requirements; and
 c. any subsequent amendments or successor statutes.

5.2 Notice of Change
 The Registrant shall file an amendment with the Oklahoma Secretary of State within the statutory time frame if any information in Section 3.1 materially changes.

5.3 Discontinuation
 Upon ceasing to use the Trade Name in Oklahoma, the Registrant shall timely file a cancellation with the Secretary of State and, if required, publish notice of discontinuation.

6. DEFAULT & REMEDIES

6.1 Events of Default
 “Default” occurs if the Registrant:
 a. fails to publish this Notice in accordance with Section 3.3;
 b. fails to renew the Trade Name on or before the Renewal Deadline; or
 c. makes any material misrepresentation in this Notice.

6.2 Consequences
 Upon Default, the Trade Name registration may lapse, become void, or be subject to administrative cancellation under the Act, and the Registrant may forfeit all statutory rights attendant to the Trade Name. All statutory penalties and third-party remedies remain available.

6.3 Cure
 The Registrant may cure a Default only to the extent and within the time limits expressly permitted by the Act or by order of competent jurisdiction.

7. RISK ALLOCATION (Reserved / Not Applicable)

[// GUIDANCE: Because this document is merely a statutory notice—not a contract allocating risk between multiple parties—customary indemnification or limitation-of-liability clauses are unnecessary and are therefore omitted.]

8. DISPUTE RESOLUTION

8.1 Governing Law
 This Notice and any dispute arising under the Act shall be governed exclusively by the laws of the State of Oklahoma, without regard to conflict-of-law principles.

8.2 Forum Selection
 Any proceeding relating to this Notice shall be filed with the [NAME OF COUNTY] County District Court Clerk or such other Oklahoma state court as the Act designates.

8.3 Arbitration / Jury Trial
 Not applicable to this Notice.

9. GENERAL PROVISIONS

9.1 Amendments
 No amendment to this Notice is effective unless executed by an authorized representative of the Registrant and, where required, filed with the Oklahoma Secretary of State.

9.2 Assignment
 The rights associated with the Trade Name may not be assigned or transferred except in accordance with the Act and any successor statutes.

9.3 Severability
 If any provision of this Notice is held unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force to the extent permitted by law.

9.4 Entire Notice
 This document, together with the Affidavit of Publication and any Secretary-of-State filing acknowledgment, constitutes the entire statutory notice required under the Trade-Name Statutes.

9.5 Electronic Signatures
 Signatures transmitted by facsimile, PDF, or any other electronic means permitted under Oklahoma law are deemed original.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Registrant executes this Fictitious Business Name Notice as of the Effective Date.

NOTARIZATION (if required)

State of Oklahoma )
          ) SS
County of ___)

On this ___ day of _, 20, before me, the undersigned Notary Public, personally appeared [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 for the purposes therein contained.

Notary Public: ____
My Commission Expires: ___

ATTACHMENT A – AFFIDAVIT OF PUBLICATION

[Newspaper Letterhead or Standard Publisher’s Affidavit]

County of ____, State of Oklahoma

I, [NAME], of lawful age, being first duly sworn, state that I am the authorized agent of [NEWSPAPER], a newspaper of qualified legal circulation in said county and state; that the attached notice was published for two (2) consecutive weeks commencing on _, 20, and ending on _, 20.

Signature of Publisher/Agent: ___
Date: _____

(Notary acknowledgment for publisher as required.)

[// GUIDANCE: After publication, attach the completed Affidavit of Publication to the original Notice and file both with the Oklahoma Secretary of State (or retain as proof if already filed). Verify local newspaper qualification and any county-specific procedural nuances before first insertion.]