NOTICE OF FICTITIOUS BUSINESS NAME (DBA)
(Trade Name Registration – State of Wyoming)
[// GUIDANCE: This template is designed for use after or contemporaneously with filing the “Application for Registration of Trade Name” (Form TM-190) with the Wyoming Secretary of State. Customize all bracketed items before execution or publication.]
DOCUMENT HEADER
1. Parties.
This Notice is made by:
• [LEGAL NAME OF APPLICANT], a [STATE] [ENTITY TYPE] having its principal place of business at [BUSINESS ADDRESS] (the “Applicant”).
• If multiple owners: [ADDITIONAL APPLICANT NAME(S)], collectively with the foregoing, the “Applicants.”
2. Trade Name.
The Applicants have adopted and intend to transact business in Wyoming under the fictitious business name:
“[TRADE NAME / DBA]” (the “Trade Name”).
3. Effective Date & Jurisdiction.
This Notice is effective as of [EFFECTIVE DATE] and is governed by the business and trade-name laws of the State of Wyoming.
4. Recitals.
A. The Applicants desire to comply with Wyoming’s trade-name statutes, including registration, renewal, and—where elected or locally required—publication of notice.
B. This Notice is executed to provide public notice of the Trade Name pursuant to Wyo. Stat. Ann. § 40-2-108 (Registration of Trade Name) and § 40-2-109 (Term; Renewal).
TABLE OF CONTENTS
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
Sections on Risk Allocation are intentionally omitted as not applicable to a statutory notice.
1. DEFINITIONS
For purposes of this Notice, the following terms have the meanings set forth below:
“Applicant(s)” – The individual(s) or entity(ies) identified in Section 1 above.
“Business Address” – The Wyoming physical address where the Trade Name will be used.
“Effective Filing Date” – The date the Wyoming Secretary of State (“WYSOS”) records the Trade Name registration.
“Publication” – Any voluntary or locally-mandated newspaper notice of the Trade Name.
“Renewal Term” – Each successive ten (10) year period following the Effective Filing Date during which the registration remains in force, subject to timely renewal under Wyo. Stat. Ann. § 40-2-109.
“Trade Name” – The fictitious business name stated in Section 2 above.
“WYSOS” – The Office of the Wyoming Secretary of State.
2. OPERATIVE PROVISIONS
2.1 Filing. The Applicants represent that they have filed, or will file within [____] days of the Effective Date, the Application for Registration of Trade Name (Form TM-190) and requisite filing fee with WYSOS.
2.2 Publication.
(a) Statutory Requirement. Wyoming state law does not mandate publication of a Trade Name notice; however, local ordinances, lenders, or contractual counterparties may request evidence of publication.
(b) Optional Publication. If elected, the Applicants shall publish this Notice once per week for two (2) consecutive weeks in a newspaper of general circulation in [COUNTY] County, Wyoming and shall retain proof of publication for not less than five (5) years.
[// GUIDANCE: Delete subsection (b) if publication is not contemplated.]
2.3 Renewal. The Applicants shall renew the Trade Name registration during the six (6)-month window immediately preceding each tenth anniversary of the Effective Filing Date, in compliance with Wyo. Stat. Ann. § 40-2-109.
2.4 Amendments. Within sixty (60) days of any change to the information contained in the original filing (including ownership or Business Address), the Applicants shall file an amended trade-name registration with WYSOS.
3. REPRESENTATIONS & WARRANTIES
3.1 Authority. Each Applicant has full legal capacity and authority to adopt and use the Trade Name in Wyoming.
3.2 Non-Infringement. To the best of the Applicants’ knowledge, the Trade Name is not identical or confusingly similar to any existing corporate, limited-liability, partnership, trademark, or trade-name registration in Wyoming, and its use will not infringe the rights of any third party.
3.3 Accurate Information. All statements contained in this Notice and in the corresponding WYSOS filing are true, correct, and complete in all material respects as of the Effective Date.
3.4 Survival. The warranties in this Section survive for the duration of the Trade Name registration and any Renewal Term.
4. COVENANTS
4.1 Compliance. The Applicants shall conduct all business under the Trade Name in accordance with applicable federal, state, and local laws, rules, and regulations.
4.2 Maintenance of Records. The Applicants shall maintain copies of the WYSOS filing, any renewals, and (if applicable) proofs of Publication for inspection by any competent authority.
4.3 Cessation of Use. Upon abandonment, non-renewal, or cancellation of the Trade Name, the Applicants shall immediately cease use of the Trade Name within Wyoming.
5. DEFAULT & REMEDIES
5.1 Events of Default.
(a) Failure to timely renew the Trade Name registration.
(b) Material misrepresentation in this Notice or the WYSOS filing.
(c) Use of the Trade Name in violation of law.
5.2 Remedies. Upon the occurrence of any Event of Default, WYSOS or any interested third party may seek cancellation of the Trade Name registration and such other relief as may be available under law.
[// GUIDANCE: Because this is a statutory notice rather than a contract, remedies are limited to statutory cancellation or administrative enforcement.]
6. DISPUTE RESOLUTION
Any dispute arising out of or relating to the Trade Name registration or this Notice shall be governed by the laws of the State of Wyoming, and venue shall lie exclusively in the state courts situated in Laramie County, Wyoming. Arbitration and jury-trial waiver are not applicable.
7. GENERAL PROVISIONS
7.1 Amendments. This Notice may be amended only by a written instrument executed by all Applicants.
7.2 Assignment. The rights in and to the Trade Name may not be assigned or transferred except in compliance with Wyoming law and with notice to WYSOS.
7.3 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
7.4 Entire Notice. This document, together with any filings or schedules referenced herein, constitutes the entire notice relating to the Trade Name.
7.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts, each of which is deemed an original. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are deemed original signatures.
8. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Applicant(s) execute this Notice effective as of the date first written above.
| APPLICANT | SIGNATURE | NAME / TITLE | DATE |
|---|---|---|---|
| [Legal Name] | ________ | ________ | ____ |
| (Add rows as necessary) |
[// GUIDANCE: Notarization is optional for publication purposes but required on the Form TM-190 filed with WYSOS. Insert a notary acknowledgment below if desired for redundancy.]
OPTIONAL NOTARY ACKNOWLEDGMENT
State of Wyoming )
County of _ ) ss.
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [Name(s) of Signatory(ies)], known to me or satisfactorily proven to be the person(s) whose name(s) is/are subscribed to this instrument, and acknowledged that he/she/they executed the same for the purposes herein contained.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Attach a copy of the filed Form TM-190 and any publication affidavits as Schedule A and Schedule B, respectively, when distributing this Notice to banks, vendors, or governmental agencies.]