Registration of a Fictitious or Assumed Trade Name

Loudoun County: Registration of a Fictitious Trade Name

Registration of a Fictitious or Assumed Trade Name
Clerk of the Circuit Court - Loudoun County, VA

General Information:
The Commonwealth of Virginia requires that a fictitious or assumed trade name certificate be filed with the appropriate Circuit Court(s) if a business is being conducted under a name other than the owner’s legal name. No person, partnership, limited liability company or corporation may conduct or transact business in the Commonwealth under any fictitious or assumed name until they file a certificate in the Circuit Court Clerk’s Office(s) in the county or city in which their business is conducted (§59.1-69 of the Code of Virginia).

In the state of Virginia, the following types of business entities can own and operate a business under a fictitious or assumed name: Sole Proprietorship, Partnership, Limited Partnership, Corporation, or Limited Liability Corporation. A link to the application form is provided below for each business entity.

Before you file for a fictitious business name: All business entities except for Sole Proprietorship are required to register and be approved for operation by the Virginia State Corporation Commission. All businesses including Sole Proprietorship are required to obtain a local (county) business license from the Commissioner of the Revenue, and also a local (town) business license from the Finance Department if the business is located in an incorporated town such as Leesburg, VA. You will also be required to forward a certified copy of any fictitious business name(s) to the Virginia State Corporation Commission.

Filing and copy fees:
The fee to file each form is $10.00; a separate filing must be completed for each fictitious name. If requesting certified copies the fee is 50 cents per page and $2.00 for certification (examples - a one page document is $2.50, a two page document is $3.00). Payment in person may be via cash, check or money order, and if by mail, via check or money order made payable to the Clerk of the Circuit Court.

Steps to file your fictitious business name with Loudoun County:
Step 1: Choose your legal structure for the business?
Step 2: Decide either to file your fictitious name in person or by mail.
Step 3: Complete the form for your structure of business (a separate filing must be completed for each fictitious name) and either click submit on-line or print to mail in.

Customers submitting their information on-line and appearing at the Clerk’s office must bring a valid photo I. D. and sign the electronic document in front of the Deputy Clerk. In the case of partnerships, all partners listed on the form MUST APPEAR together and sign the electronic document in front of the Deputy Clerk. Fictitious or Assumed Name Filings are handled at the Public Services counter Monday – Friday, 8:30 A.M. to 4:00 P.M.
Customers that choose the mail-in option must have their signature notarized in front of a Notary Public prior to mailing. In the case of partnerships, all partners listed on the form MUST APPEAR and have their signature notarized in front of a Notary Public prior to mailing. Once completed and notarized, mail your document, payment and a self-addressed stamped envelope for return of your receipt to:
   Clerk of Circuit Court
   Attn: Business Names
   P.O. Box 550
   Leesburg, Virginia 20178

Important filing notes: Loudoun County requires the registered agent’s name and address upon the fictitious or assumed filing. A registered agent is a business or individual designated to receive service of process when a business entity is a party in a legal action. The court will not accept any document for filing/recording that has any shaded fields.

Canceling or changing a previously filed fictitious business name:
If the owner of a business wishes to change the filed fictitious business name or if the type of entity of the business has changed, two filings are required: 1. A Certificate of Cancellation regarding the old business name, and 2. a new fictitious business name registration form for the new business name.

If the owner wishes to terminate the operation of the business, a Certificate of Cancellation should be filed. In the case of partnerships, all partners listed on the form MUST APPEAR and have their signature notarized in front of a Notary Public prior to mailing or the partners need to appear in the Clerks Office when submitting the electronic Certificate of Cancellation.

Online Forms for Registering or Canceling a Trade Name

What legal structure shall I choose for my new business? [ show details ]

Please review the "Steps to File" section above, then choose your type of business entity from the application list below. If you need to cancel a fictitious or assumed business name, click on the link for "Canceling a Trade Name."