5823509 Consumer and Regulatory Affairs, Department of - Notice of Final Rulemaking - 17 DCMR 89 (Trade Name Registration)
-
DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
NOTICE OF FINAL RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs (DCRA), pursuant to the authority in the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2010, effective July 2, 2011 (D.C. Law 18-378; D.C. Official Code § 29-101.05 (2012 Repl.)), and Mayor’s Order 2011-178, dated October 25, 2011, hereby gives notice of the intent to revise Chapter 89 (Trade Name Registration) of Title 17 (Business, Occupations, and Professionals) of the District of Columbia Municipal Regulations (DCMR).
The rulemaking clarifies the requirements for creating and maintaining a trade name registration as outlined in Chapter 89.
The first version of a Notice of Proposed Rulemaking was published in the D.C. Register on August, 28, 2015 at 62 DCR 11932. Due to substantive changes made to the first version of the proposed rulemaking, a Notice of Second Proposed Rulemaking was submitted to the D.C. Register for public comments on November 20, 2015 at 62 DCR 015137. No comments were received and no changes were made to the second notice of proposed rulemaking. The DCRA Director adopted these rules as final on December 21, 2015, and they shall become effective on the date of the publication of this notice in the D.C. Register.
Chapter 89, TRADE NAME REGISTRATION, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, is amended to read as follows:
CHAPTER 89 TRADE NAME REGISTRATION
8900 APPLICABILITY
8900.1 Each person who carries on, conducts, or transacts business in the District of Columbia under a trade name shall register that trade name with the D.C. Superintendent of Corporations as required under D.C. Official Code § 47-2855.02.
8901 APPLICATION FORM
8901.1 Each applicant shall file a trade name application with DCRA, and provide the information specified in D.C. Official Code § 47-2855.02.
8902 TERM OF REGISTRATION
8902.1 An initial trade name registration shall expire on September 1 of the second calendar year after the calendar year in which the initial registration occurred (for example, a trade name registration that occurred on August 15, 2015, would expire on September 1, 2017).
8902.2 Except as provided in Subsection 8902.3, each renewal of a trade name registration shall expire two (2) years after the expiration date of the registration being renewed.
8902.3 If a person has an existing trade name registration on October 1, 2015, the first renewal of that trade name registration after October 1, 2015 shall expire on September 1 of the second calendar year after the calendar year in which the initial registration occurred (for example, a trade name registration that occurred on August 15, 2015, would expire on September 1, 2017).
8903 RENEWAL
8903.1 A trade name renewal application shall be filed by April 1 of the year in which the trade name registration expires; unless, the trade name registration does not expire on September 1, in which case the renewal application shall be filed within one hundred fifty (150) days before the trade name registration’s expiration date.
8903.2 A trade name renewal application received after the filing deadline shall incur a late fee outlined in Subsection 8908.2.
8903.4 If a person fails to file its trade name renewal application by the filing deadline and the trade name expires pursuant to § 8902.2, the person shall complete a new trade name application and pay all fees associated with the trade name application if the person wishes to continue to register the trade name.
8904 REQUIRED SIGNATURES
8904.1 The trade name application shall be executed as specified under D.C. Official Code § 47-2855.02(c).
8905 NO PROTECTIONS OR WARRANTIES
8905.1 Registration of a trade name with DCRA does not guarantee or warrant that another person has not or will not register the same trade name with DCRA.
8905.2 DCRA’s acceptance of a trade name registration shall not in any way be deemed a warranty of the applicant’s right to do business in the District under the name registered, nor shall it be deemed a guarantee that the applicant is exclusively using the trade name in the District at the time of the grant of registration.
8905.3 DCRA shall not be responsible for determining whether there is an existing person carrying on, conducting, or transacting business using the same trade name.
8906.1 No person carrying on, conducting, or transacting business under a trade name shall be entitled to file an action under that trade name in a District court until the person has properly completed the registration with the Superintendent according to this chapter.
8906.2 A person’s failure to properly register a trade name shall not impair the validity of a contract or act of such person and shall not prevent such person from defending a suit in a District court.
8907 CHANGES IN REGISTRATION, CANCELLATION, AND FILING REQUIREMENTS
8907.2 An amendment to, notice of cancellation of, or new registration of a trade name shall be filed according to D.C. Official Code § 47-2855.03.
8908 FEES AND REFUNDS
8908.1 The Superintendent shall charge and collect fees as specified under 17 DCMR § 612.
8908.2 The Superintendent shall charge a person a late fee equivalent to an initial trade name application fee in cases where a trade name renewal application is submitted after the renewal deadline, but before cancellation.
8908.3 A duplicate fee shall be refunded if:
(a) The request for a refund is submitted to the Superintendent within sixty (60) calendar days after the date of payment of the duplicate fee; or
(b) The request for a refund is submitted to the Superintendent within sixty (60) calendar days from the date of DCRA’s rejection notification letter.
8909 DENIAL, CANCELLATION, OR REVOCATION OF TRADE NAME REGISTRATION
8909.1 If a person includes a false or misleading statement in its trade name registration application, or if the person files an incomplete trade name registration application, then the application shall be denied or, if the application was previously approved, the trade name shall be canceled by the Superintendent.
8909.2 If a person files a trade name registration application that fails to meet the requirements of this chapter, then the application shall be denied by the Superintendent.
8909.3 If a person fails to meet the renewal deadline set forth in § 8903 of this chapter, the Superintendent shall cancel the trade name upon its expiration.
8910 INFRACTIONS AND FINES
8910.1 Failure to comply with the requirement to register or renew a trade name under this chapter shall result in a civil infraction and fines as provided under 16 DCMR § 3201.1(c).
8910.2 Any fraudulent conduct or willful misconduct in complying with this chapter, including but not limited to the use of a fraudulent trade name registration certificate or misrepresenting the registration status of a trade name when applying for a license, shall result in a civil infraction and fines as provided under 16 DCMR § 3201.1(b).
8910.3 The Superintendent shall cancel a trade name if:
(a) A filing entity, as defined in D.C. Official Code § 29-101.02(13), is the owner of the trade name; and
(b) The filing entity has an inactive status with DCRA.
8911 GOOD STANDING REQUIREMENT FOR FILING ENTITIES
8911.1 If a filing entity, as defined in D.C. Official Code § 29-101.02(13), applies for a trade name as the owner, the filing entity shall be in good standing, as specified in D.C. Official Code § 29-102.08, prior to completing the trade name registration application.
8912 NAME REQUIREMENTS FOR TRADE NAMES
8912.1 In addition to the requirements specified in D.C. Official Code § 47-2855.02(d), a person or entity seeking to register a trade name that is similar to an existing trade name may register the similar trade name if the owner of the existing trade name provides written consent to the Superintendent authorizing the registration of the similar trade name.
8912.2A trade name shall not include the following suffixes or any derivative:
(a) Incorporated or Inc.;
(b) Limited or Ltd.;
(c) Professional Corporation or P.C.;
(d) Chartered or Chtd.;
(e) Limited Partnership or L.P. or LP;
(f) Limited Liability Limited Partnership or L.L.L.P. or LLLP;
(g) Registered Limited Liability Limited Partnership or R.L.L.L.P. or RLLLP;
(h) Limited Liability Company or L.L.C. or LLC;
(i) Limited Company or L.C. or LC;
(j) Professional Limited Liability Company or P.L.L.C. or PLLC;
(k) Limited or Ltd.;
(l) Cooperative Association or Co-op or Coop; or
(m) Limited Cooperative Association, Limited Cooperative or L.C.A. or LCA;
8999 DEFINITIONS
8999.1 As used in this chapter, the following terms shall have the mean:
DCRA - District of Columbia Department of Consumer and Regulatory Affairs.
Inactive status – the organizational standing of an entity that was formerly but is no longer registered with the DCRA to do business in the District because the entity has been administratively or voluntarily dissolved, merged out of existence, converted into a non-filing entity, domesticated outside of the District, had its certificate of registration administratively rescinded or voluntarily withdrawn, or is not in active status for any other reason.
Superintendent - DCRA Superintendent of Corporations.
Trade name - has the meaning ascribed to it in D.C. Official Code § 47-2855.01(7).
Trade name application - a DCRA-issued document requiring information to register a trade name.
