A Fictitious Trade Name is required if a business is conducted in Virginia under a name other than the owners’ legal name. An assumed or fictitious name certificate must be filed in the office of the Clerk of the Circuit Court in each county or city where business is to be conducted. No person, partnership, limited liability company or corporation may conduct or transact business in the Commonwealth under any assumed or fictitious name until they file a certificate in the Circuit Court Clerk’s Office in the county or city in which their business is conducted pursuant to §59.1-69 of the Code of Virginia.
Businesses registered with the State Corporation Commission may file a Trade Name at the local level if it is conducting business under a different name other than the name that is registered with the State Corporation Commission. If you are conducting business under the name registered with the State Corporation Commission, you are not required to file a trade name on the county level. The types of businesses registered with the State Corporation Commission are General Partnership, Limited Partnership, Foreign Limited Partnership, Corporation, or Limited Liability Company.
Businesses registered with a Foreign State Corporation Commission must register with the Virginia State Corporation Commission in Richmond as a foreign corporation before registering a trade name on the county level.
You are strongly encouraged to consult with an attorney concerning the protection of your business trade name. A trade name filed at the local level does not have the same status as one filed with the State Corporation Commission. To avoid duplication of a business name it is recommended that the owner review the Trade Name index on the Courts Automated Recording System (CARS) via the Court Public Access Network (CPAN)for names already recorded.
All persons that register a trade name who do not reside in the Commonwealth are required to provide the name, address and phone number of a Virginia registered agent for purpose of service of process.
Important Names & Numbers for New Businesses in Virginia:
The Virginia State Corporation Commission: 804-371-9733
Frederick County Treasurer Office: 540-665-5607
Winchester City Treasurer Office: 540-667-1815 x 1424
Virginia Department of Taxation: 804-367-8031
Virginia Code Sections Pertaining to Trade Names: §59.1-69, §59.1-70, §59.1-74
Instructions to Register a Trade Name
- Complete the appropriate application in black ink only.
- Have all signatures notarized.
- The Fictitious Trade Name Certificate must be signed by the owner(s) of the business before a Notary Public or Deputy Clerk.
- A certificate for registration of a partnership must be signed by all partners.
- A certificate for registration for a business registered with teh State Corporation Commission must be signed by an officer of the Corporation, General Partnership, Limited Partnership, or Limited Liability Company.
- If filing by mail, enclose a self-addressed, stamped envelope for the return of your certified copy. If a self addressed, stamped envelope is not enclosed you will not receive a certified copy of your registered Trade Name.
- The cost to file a Fictitious Trade Name is $10.00. Cash, in-state business check, certified check, or a money order are acceptable forms of payment. Visa and Mastercard are also accepted (with a 4% processing fee) if filing in person. Please do not send cash through the mail. The Clerk’s Office is not responsible for loss of any cash payment by mail.
Mail completed forms and payment to:
The Judicial Center
ATTN: Trade Names
5 North Kent St.
Winchester, VA 22601
Hours for filing a Trade Name are Monday-Friday from 9am to 5pm.
If you have any questions, contact the Circuit Court Clerk’s Office at 540-667.5770.
