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.
