HOUSE BILL ANALYSIS

                     HB 2576

Brief Description:  Modifying provisions concerning the registration of business trade names.

Sponsors:  Representatives Sommers, D. and Veloria

Hearing:  January 31, 2000

                 Brief Summary of Bill

CModifies the provisions regarding the registration and changing of a trade name. 

BACKGROUND:

A trade name is a name under which a person identifies his or her business or vocation.  A trade name does not include the use of an individual=s surname, registered corporate or partnership name, or the name of a general partnership. If a person is conducting business under a trade name, he or she must register the trade name with the Department of Licensing. 

The registration of a trade name must be made by specified individuals, the sole proprietor of a sole proprietorship, a general partner of a partnership, or the officer of a corporation.  Such persons must Aexecute@ the registration by signing in their official capacity and under penalty of perjury.

An executed document is also required in order to change a trade name, or change the mailing address associated with a trade name.  However, the amending document does not have to be executed by any specified individuals.  Changes may be made by an agent or employee of the business. 

The cancellation of a trade name does not require an executed document. Only notice must be provided to the Department of Licensing to cancel a trade name.

SUMMARY OF BILL:

The registration of a trade name no longer must be made by specified persons.  An executed document is not required for the registration of a trade name.

The changing of a trade name or associated address does not require an executed document.  Changes may be made by filing a notice of change with the Department of Licensing.

RULES AUTHORITY:  The bill does not contain provisions addressing the rule making powers of an agency.

FISCAL NOTE:  Not requested.

EFFECTIVE DATE:  Ninety days after adjournment of session in which bill is passed.