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PRINTT11 Revised 102017 Web and MV ManualCLEARGe Form

PRINTT11 Revised 102017 Web and MV ManualCLEARGe Form

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Understanding the Trade Name Affidavit in Georgia

The trade name affidavit in Georgia is a legal document that allows businesses to register their trade name, also known as a fictitious name or "doing business as" (DBA) name. This affidavit is essential for any business entity that wishes to operate under a name that is different from its legal name. By filing this affidavit, businesses ensure that their trade name is officially recognized and protected under Georgia law.

Key Elements of the Georgia Trade Name Affidavit

When completing the trade name affidavit in Georgia, several key elements must be included:

  • Business Name: The trade name being registered.
  • Owner Information: The name and address of the individual or entity owning the trade name.
  • Business Structure: Indicate whether the business is a sole proprietorship, partnership, corporation, or LLC.
  • Affidavit Statement: A declaration that the information provided is true and accurate.

Steps to Complete the Trade Name Affidavit

Filing a trade name affidavit in Georgia involves several steps:

  1. Gather necessary information about the business and its owners.
  2. Obtain the official trade name affidavit form, often referred to as the Georgia Form T-11.
  3. Fill out the form accurately, ensuring all required fields are completed.
  4. Sign the affidavit in the presence of a notary public.
  5. Submit the completed affidavit to the appropriate county clerk's office.

Legal Use of the Trade Name Affidavit

The trade name affidavit serves several legal purposes. It provides public notice of the business's trade name, which helps prevent other businesses from using the same or a confusingly similar name. Additionally, it establishes a legal record of the name, which can be crucial in case of disputes or legal issues related to the business identity.

Required Documents for Filing

To file a trade name affidavit in Georgia, the following documents are typically required:

  • The completed trade name affidavit form (Georgia Form T-11).
  • A valid form of identification for the individual signing the affidavit.
  • Payment for any filing fees, which may vary by county.

State-Specific Rules for the Trade Name Affidavit

Georgia has specific regulations governing the use of trade names. For instance, the name must not be misleading or imply an affiliation with government entities. Additionally, the trade name must be distinguishable from existing registered names in the state. It's advisable to conduct a name search through the Georgia Secretary of State's office to ensure the desired name is available before filing the affidavit.

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