☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 417

< > Effective - 28 Aug 1939    bottom

  417.200.  Fictitious names to be registered. — That every name under which any person shall do or transact any business in this state, other than the true name of such person, is hereby declared to be a fictitious name, and it shall be unlawful for any person to engage in or transact any business in this state under a fictitious name without first registering same with the secretary of state as herein required.

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(RSMo 1939 § 15466)

Prior revisions: 1929 § 14342; 1919 § 13276

CROSS REFERENCE:

Corporate names, reservation of, exclusive use, 351.110, 351.115

(1957) Failure to register fictitious name is not a defense to action to enjoin use of confusing similar name in absence of claim of bad faith or other wrong. Better Business Bureau v. Chappell (A.), 307 S.W.2d 510.


---- end of effective  28 Aug 1939 ----

use this link to bookmark section  417.200

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Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 417.210
 ☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 417

< > Effective - 28 Aug 2004, 2 histories    bottom

  417.210.  Registration, when and how — contents — cancellation of fictitious name — ownership reflected in registration, when — registration effective and expiration dates — renewals, contents, effective date. — 1.  Every person, general partnership, corporation, or other business organization who engages in business in this state under a fictitious name or under any name other than the true name of such person, general partnership, corporation, or other business entity shall within five days after the beginning or engaging in business under such fictitious name * file in a format as prescribed by the secretary of state.  The execution of the filing required in this section ** shall be subject to the penalties of making a false declaration pursuant to section 575.060, that the facts stated therein are true and that all parties concerned are duly authorized to execute such document and are otherwise required to file such document pursuant to this section.

  2.  A fictitious name shall not contain any word or phrase that indicates or implies that it is any governmental agency or that is seriously misleading.

  3.  This registration shall state:

  (1)  The fictitious name;

  (2)  The physical business address;

  (3)  The name or names and the residence or business address of every party owning any interest or part in the business.

  4.  If the business or owner's or owners' interest ceases to exist or change within five days of such change, it shall be required to file a cancellation of the fictitious name in a format prescribed by the secretary of state and if desired may file a new registration of a new fictitious name as prescribed in this section.

  5.  If the interest of any owner of a business conducted under a fictitious name registered as provided in this section is such that such owner may claim not to be jointly and severally liable to third parties with respect to debts and obligations incurred by such business, the registration relating to such business shall reflect the respective exact ownership interests of each owner of such business.  In the case of any other business registered as provided in this section, disclosure of the respective exact ownership interests shall be optional.

  6.  For purposes of this section, a partnership or other entity formed for the practice of a licensed profession shall not be deemed to be engaged in the conduct of business, notwithstanding the transaction by such entity of business ancillary to the practice of such licensed profession.

  7.  All fictitious name registrations filed on or after August 28, 2004, shall be governed by the provisions of this section and shall remain active on the record of the secretary of state for a period of five years.  Such registered fictitious name filing shall expire at the end of the five-year period unless a renewal is filed under subsection 9 of this section.

  8.  All active fictitious name registrations filed prior to August 28, 2004, shall remain active on the record of the secretary of state for a period of five years.  Such registered fictitious name filing shall expire at the end of the five-year period unless a renewal is filed under subsection 9 of this section.

  9.  A renewal filing shall be filed in a format prescribed by the secretary of state within six months prior to the expiration date of the fictitious name registration.  Such renewal filing shall state:

  (1)  The fictitious name and assigned charter number;

  (2)  The physical business address;

  (3)  The name or names and the residence or business address of every party owning any interest or part in the business.

  10.  A renewal filing continues the effective registration of the fictitious name for five years after the date the effective registration would otherwise expire.

  11.  Fictitious name registrations filed before August 28, 2004, shall be inactivated by the secretary of state on or after August 28, 2009, unless a renewal filing is filed under subsection 9 of this section.

  12.  The secretary of state may remove from its active records the registration of a fictitious name filing whose registration has been withdrawn, cancelled, or has expired.

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(RSMo 1939 § 15467, A.L. 1983 S.B. 367, A.L. 2002 S.B. 895, A.L. 2004 H.B. 1664)

*Word "shall" appears in original rolls.

**Word "and" appears in original rolls.


---- end of effective  28 Aug 2004 ----

use this link to bookmark section  417.210


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417.210 8/28/2004
417.210 8/28/2002 8/28/2004

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Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 417.217
 ☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 417

< > Effective - 28 Aug 2004    bottom

  417.217.  Foreign businesses, registration, when — exemption from, when. — Foreign business entities which have any owning interest or part in this business may be required to register with the secretary of state as prescribed.  The foreign business entity may be required to first obtain a certificate of authority unless otherwise exempt by Missouri law.

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(L. 1983 S.B. 367, A.L. 1990 H.B. 1432, A.L. 2004 H.B. 1664)


---- end of effective  28 Aug 2004 ----

use this link to bookmark section  417.217


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Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 417.220
 ☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 417

< > Effective - 28 Aug 2014, 2 histories    bottom

  417.220.  Registration fee. — 1.  For the registration or renewal of each fictitious name under sections 417.200 to 417.230 there shall be paid to the state director of revenue a fee of two dollars if filed electronically in a format prescribed by the secretary of state or if filed in a written format prescribed by the secretary of state.

  2.  Fees mandated in subsection 1 of this section shall be waived if a party owning any interest or part in the business is a member of the Missouri National Guard or any other active duty military, resides in the state of Missouri, and provides proof of such service to the secretary of state.

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(RSMo 1939 § 15468, A.L. 1947 V. I p. 560, A.L. 2004 H.B. 1664, A.L. 2014 S.B. 600)

Prior revisions: 1929 § 14344; 1919 § 13278


---- end of effective  28 Aug 2014 ----

use this link to bookmark section  417.220


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417.220 8/28/2004 8/28/2014

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Missouri Revisor of Statutes - Revised Statutes of Missouri, RSMo Section 417.230
 ☰ Revisor of Missouri

Title XXVI TRADE AND COMMERCE

Chapter 417

< > Effective - 28 Aug 1939    bottom

  417.230.  Penalty for failure to register. — Any person who shall engage in or transact any business in this state under a fictitious name, as in sections 417.200 to 417.230 defined, without registering such name as herein required, shall be deemed guilty of a misdemeanor.

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(RSMo 1939 § 15469)

Prior revisions: 1929 § 14345; 1919 § 13279


---- end of effective  28 Aug 1939 ----

use this link to bookmark section  417.230

Effective dates prior to 1940 may not be the actual effective date. See FAQ 'When do laws become effective?'


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

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 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
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