Legal Question in Business Law in Florida

Re: Advertising with a ficticious name

This forum is intended for questions with quick, simple answers and particularly as a pro bono service for people of limited means with family law type questions. The answer to your question depends on the facts of your situation and your decision, considering the assets probably involved, should not be based upon a response here but rather upon the advice of counsel after you've gone through the facts with them. I advise my business clients on these types of matters because there are a great number of unanticipated risks involved and each clients needs a more or less different solution.

David Nance

Re: Advertising with a fictitious name

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While there is no simple and easy answer, my first response would be to simply purchase the rights to the name when buying out the local cabinet maker. You can then utilize the name in any fashion you like for as long as you like either as a new corporation or by filing a fictitious name as you suggested.

The purchase of a business entity can be a complex transaction and you should retain a competent attorney to advise you on this matter. To avoid the spending of a reasonable fee in hiring an attorney may be courting disaster in the future.

Scott R. Jay, Esq.

Re: Advertising with a ficticious name

The question posed is one best answered by an attorney you retain. You can operate and advertise under a fictitous name, you can also operate by changing the name of your existing company, but you need to make sure you do not assume any risk from the past. These questions should be posed to the attorney you retain for the purchase of the business. I would hope that you would not buy a business without retaining counsel to assure that you do not acquire liabilities you did not agree upon.