Determining Whether an Assumed Name is Available An assumed name will not be accepted for filing if it is the same as, or is not distinguishable from, the name of a corporation, Limited Liability Company, limited partnership, limited liability partnership or state trademark on file with the Secretary of State. (See the section titled “Determining Whether A Name is Distinguishable” later in this chapter.) Business owners may call the general information line of the Secretary of State 651-296-2803 or access the Secretary of State website section, How to Check Business Name Availability, prior to registration to determine whether a name is available. The Secretary of State will perform a preliminary check but does not guarantee that the name will be available at the time of filing. There is no procedure for reserving an assumed name. A sole proprietorship or partnership that intends to incorporate at a later date may, however, reserve the corporate name by filing a reservation of corporate name with the Secretary of State. This procedure is described in the section of this Guide on forming a corporation. Restrictions on Assumed Names • You can only use designations like Inc., Corp., or LLC if your business is legally that type of entity. • Don’t include a location in the name if your business is not in that community. • Banks and other financial institutions must get approval from the Minnesota Department of Commerce before using an assumed name. • When filing an Assumed Business Name, the Secretary of State does NOT check against other Assumed Names on record as the law allows for the same or similar Assumed Business Name to be filed. How to File an Assumed Name Check name availability You may call the Secretary of State Office at 651-296-2803 or access their website at How To Check Business Name Availability, prior to filing to determine whether the name is available. Complete the form Download and complete Certificate of Assumed Name form or file online through an online account. View how to create an account at How to Create an Account.
Pay the filing fee The filing fee is $30 by mail and $50 in person or online. Publish the name
After approval, you must publish the certificate in a qualified “legal newspaper” in your county for two consecutive issues. The Secretary of State maintains a list of qualified legal newspapers. The Assumed Name must be published within 60 days of filing. The newspaper will give you proof of publication. If you do not publish, your assumed name filing is invalid.
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