Z-1180.1  _______________________________________________

                          HOUSE BILL 2576

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives D. Sommers and Veloria; by request of Department of Licensing

Read first time 01/17/2000.  Referred to Committee on Commerce & Labor.

Modifying provisions concerning the registration of business trade names.

    AN ACT Relating to trade name registrations; and amending RCW 19.80.005, 19.80.010, and 19.80.025.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 19.80.005 and 1996 c 231 s 2 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

    (1) "Trade name" means a word or name, or any combination of a word or name, used by a person to identify the person's business which:

    (a) Is not, or does not include, the true and real name of all persons conducting the business; or

    (b) Includes words which suggest additional parties of interest such as "company," "and sons," or "and associates."

    (2) "Business" means an occupation, profession, or employment engaged in for the purpose of seeking a profit.

    (3) (("Executed" by a person means that a document signed by such person is signed by that person under penalties of perjury and in an official and authorized capacity on behalf of the person submitting the document to the department of licensing.

    (4))) "Person" means any individual, partnership, limited liability company, or corporation conducting or having an interest in a business in the state.

    (((5))) (4) "True and real name" means:

    (a) The surname of an individual coupled with one or more of the individual's other names, one or more of the individual's initials, or any combination;

    (b) The designation or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual's legal signature;

    (c) The registered corporate name of a domestic corporation as filed with the secretary of state;

    (d) The registered corporate name of a foreign corporation authorized to do business within the state of Washington as filed with the secretary of state;

    (e) The registered partnership name of a domestic limited partnership as filed with the secretary of state;

    (f) The registered partnership name of a foreign limited partnership as filed with the secretary of state; or

    (g) The name of a general partnership which includes in its name the true and real names, as defined in (a) through (f) of this subsection, of each general partner as required in RCW 19.80.010.

    Sec. 2.  RCW 19.80.010 and 1996 c 231 s 3 are each amended to read as follows:

    Each person or persons who shall carry on, conduct, or transact business in this state under any trade name shall register that trade name with the department of licensing as set forth in this section:

    (1) Sole proprietorship or general partnership:  The registration shall set forth the true and real name or names of each person conducting the same, together with the post office address or addresses of each such person and the name of the general partnership, if applicable.

    (2) Foreign or domestic limited partnership:  The registration shall set forth the limited partnership name as filed with the office of the secretary of state.

    (3) Foreign or domestic limited liability company:  The registration shall set forth the limited liability company name as filed with the office of the secretary of state.

    (4) Foreign or domestic corporation:  The registration shall set forth the corporate name as filed with the office of the secretary of state.

    (((5) The registration shall be executed by:

    (a) The sole proprietor of a sole proprietorship;

    (b) A general partner of a domestic or foreign general or limited partnership; or

    (c) An officer of a domestic or foreign corporation.))

    Sec. 3.  RCW 19.80.025 and 1984 c 130 s 5 are each amended to read as follows:

    (1) ((An executed amendment)) A notice of change shall be filed with the department of licensing when a change occurs in:

    (a) The true and real name of a person conducting a business with a trade name registered under this chapter; or

    (b) Any mailing address set forth on the registration or any subsequently filed ((amendment)) notice of change.

    (2) A notice of cancellation shall be filed with the department when use of a trade name is discontinued.

    (3) A notice of cancellation, together with a new registration, shall be filed before conducting or transacting any business when:

    (a) An addition, deletion, or any change of person or persons conducting business under the registered trade name occurs; or

    (b) There is a change in the wording or spelling of the trade name since initial registration or renewal.

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