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Pennsylvania Fictitious Name Definition

Pennsylvania Fictitious Name
DEFINITION

A Pennsylvania fictitious name is any assumed name, style or designation other than the proper name of the entity using such name.  The term fictitious name includes a name assumed by a general partnership. An entity is defined as “any individual or any corporation, association, partnership, joint-stock company, business trust, syndicate, joint adventureship or other combination or group of persons, regardless of whether it is organized or formed under the laws of this Commonwealth or any other jurisdiction.”  A proper name of an association (domestic or foreign) is the name set forth in its organizational/registration documents filed with the Department of State.

Therefore, any individual, sole proprietorship, partnership, corporation, limited liability company or other form of association conducting commercial activities under a name other than its/his/her real or proper name must register this name with the Pennsylvania Department of State.

The purpose of the Fictitious Names Act is to establish the identity of those owning the business for the information of those who might have dealings with it.  In other words, the public has a right to know with whom it is doing business. Therefore, any time that the name does not readily identify the owner(s) of the business, it should be registered as a fictitious name.

Any entity (including an individual/sole proprietorship, corporation, partnership, association or other combination or group of persons) which conduct(s) any business in Pennsylvania under an assumed or fictitious name must register the fictitious name by filing a Registration of Fictitious Name form [DSCB:54-311].

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