417.210. Registration, when and how--contents--cancellation of fictitious name--ownership reflected in registration, when--registration effective and expiration dates--renewals, contents, effective da - Missouri Statutes

Registration, when and how--contents--cancellation of fictitiousname--ownership reflected in registration, when--registrationeffective and expiration dates--renewals, contents, effectivedate.

417.210. 1. Every person, general partnership, corporation, or otherbusiness organization who engages in business in this state under a fictitiousname or under any name other than the true name of such person, generalpartnership, corporation, or other business entity shall within five daysafter the beginning or engaging in business under such fictitious name * filein a format as prescribed by the secretary of state. The execution of thefiling required in this section ** shall be subject to the penalties of makinga false declaration pursuant to section 575.060, RSMo, that the facts statedtherein are true and that all parties concerned are duly authorized to executesuch document and are otherwise required to file such document pursuant tothis section.

2. A fictitious name shall not contain any word or phrase that indicatesor 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 everyparty owning any interest or part in the business.

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

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

6. For purposes of this section, a partnership or other entity formedfor the practice of a licensed profession shall not be deemed to be engaged inthe conduct of business, notwithstanding the transaction by such entity ofbusiness 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 onthe record of the secretary of state for a period of five years. Suchregistered fictitious name filing shall expire at the end of the five-yearperiod 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 periodof five years. Such registered fictitious name filing shall expire at the endof the five-year period unless a renewal is filed under subsection 9 of thissection.

9. A renewal filing shall be filed in a format prescribed by thesecretary of state within six months prior to the expiration date of thefictitious 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 everyparty owning any interest or part in the business.

10. A renewal filing continues the effective registration of thefictitious name for five years after the date the effective registration wouldotherwise expire.

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

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

(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.