5628636 Consumer and Regulatory Affairs, Department of - Notice of Proposed Rulemaking - 17 DCMR 89 (Trade Name Registration)

DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS

 

NOTICE OF PROPOSED RULEMAKING

 

The Director of the Department of Consumer and Regulatory Affairs, 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 proposed rulemaking clarifies the requirements for creating and maintaining a trade name registration as outlined in Chapter 89.

 

In addition, the Director gives notice of intent to take final rulemaking action to adopt this amendment in not less than forty-five (45) days from the date of publication of this notice in the D.C. Register.

 

Chapter 89, TRADE NAME REGISTRATION, of Title 17 DCMR, BUSINESS, OCCUPATIONS, AND PROFESSIONALS, of the District of Columbia Municipal Regulations is amended to read as follows:

 

CHAPTER 89           TRADE NAME REGISTRATION

 

8900            APPLICABILITY

 

8900.1             Each person or entity who carries on, conducts or transacts business in the District of Columbia under any 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:

 

(a)                Complete the trade name application from DCRA; and

 

(b)               Provide information as specified under D.C. Official Code § 47-2855.02.

 

8902            TERM OF REGISTRATION

 

8902.1             The trade name registration shall expire two (2) years from the year of initial registration or last renewal year, whichever comes first.

 

8902.2             The expiration date in § 8902.1 shall be the first business day in the month of September.

 

 

8903            RENEWAL

 

8903.1             A trade name shall be renewed by April 1^st of the second year from the year of initial registration or the year of last renewal.

 

8903.2             Trade name renewals received after the April 1^st deadline shall incur a late fee.

 

8903.4             A person or entity that fails to renew the trade name by April 1^st and the trade name has expired pursuant to § 8902.2, shall complete a new trade name application and pay all fees associated with the trade name application.

 

8904                REQUIRED SIGNATURES

 

8904.1             The trade name application shall be executed as specified under D.C. Official Code § 47-2855.02(c).

                       

8905                PROTECTIONS AND WARRANTIES

 

8905.1             Registration of a trade name with the DCRA does not guarantee or warrant that no other applicant has or will 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, or exclusive use of that trade name by the applicant.

 

8905.3             DCRA shall not be responsible for determining whether there is an existing business or organization carrying on, conducting, or transacting business using the same trade name, or that the same trade name is registered to more than one person or entity.

8906                JUDICIAL FILINGS

8906.1             No person or entity carrying on, conducting, or transacting business under any trade name shall be entitled to file an action under that trade name in any of the courts of the District until the person or entity has properly completed the registration with the Superintendent according to this chapter.

8906.2             A person or entity’s failure to properly register a trade name shall not impair the validity of any contract or act of such person or entity and shall not prevent such person or entity from defending any suit in any court of the District.

8907                CHANGES IN REGISTRATION, CANCELLATION, AND FILING REQUIREMENTS

8907.1             An amendment that changes the owner of the trade name is deemed a new registration and shall be filed with the Superintendent.

8907.2             A notice of cancellation or other amendment(s) to 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 D.C. Official Code § 47-2855.04.

8908.2             The Superintendent shall charge a person or entity 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 expiration or cancellation.

8908.3             Duplicate fees are refundable under the following conditions:

(a)        The request for a refund is submitted to the Superintendent within sixty (60) calendar days from the date of payment; 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.

8908.4             The Superintendent shall retain all fees not requested within sixty (60) calendar days from the date of payment or from the date of the Superintendent's rejection notification letter.

8909                DENIAL, CANCELLATION OR REVOCATION OF TRADE NAME REGISTRATION

8909.1             Any person or entity that when a false or misleading statement in the filing of the trade name registration, or the trade name registration application is incomplete as required under this chapter, shall be denied or canceled by the Superintendent.

8909.2             Any person or entity who files a trade name registration application that fails to meet the requirements of this chapter shall be denied or canceled by the Superintendent.

8909.3             Failure to comply with this chapter shall result in a civil infraction and fines as provided under the Civil Infraction; Schedule of Fines, 16 District of Columbia Municipal Regulation § 3201.1(c).

8909.4             Any fraudulent or willful conduct in complying with this chapter shall result in a civil infraction and fines as provided under the Civil Infractions; Schedule of Fines, 16 DCMR § 3201.1(b).

8909.5             The Superintendent shall cancel a trade name when:

(a)        A filing entity, as defined under 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.

8909.6             Failure to meet the renewal deadline found in § 8903 of this chapter shall result in cancellation of the trade name upon expiration, as specified in § 8902.2.

8910                GOOD STANDING REQUIREMENT FOR FILING ENTITIES

8910.1             In cases where a filing entity, as defined under 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 Title 29 of the D.C. Official Code, prior to completing the trade name registration application. 

8911                NAME REQUIREMENTS FOR TRADE NAMES

8911.1             In addition to the requirements specified under 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. 

8911.2A trade name shall not include the following suffixes or any derivative:

 

(a)                Incorporated, “Inc.”;

 

(b)               Limited, “Ltd.”;

 

(c)                Professional Corporation, “P.C.”;

 

(d)               Chartered, “Chtd” ;

 

(e)                Limited Partnership, “L.P.”, “LP”;

 

(f)                Limited Liability Limited Partnership, “L.L.L.P.”, “LLLP”;

 

(g)                Registered Limited Liability Limited Partnership, “R.L.L.L.P.”, “RLLLP”;

 

(h)               Limited Liability Company, “L.L.C.”, “LLC”;

 

(i)                 Limited Company, “L.C.”, “LC”;

 

(j)                 Professional Limited Liability Company, “P.L.L.C.”, “PLLC”;

 

(k)               Limited, “Ltd.”;

 

(l)                 Cooperative Association, “Co-op” or “Coop”; or

 

(m)              Limited Cooperative Association, Limited Cooperative, “L.C.A.”, “LCA”.

 

8999                DEFINITIONS

8999.1             As used in this chapter, the following terms shall have the mean:

Department- District of Columbia Department of Consumer and Regulatory   Affairs.

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 Application - a DCRA issued document requiring information to register any name used in the course of business that does not include the full legal name of all the owners or any name that differs in any respect from the business name registered with the Superintendent.

 

 

All persons desiring to comment on these proposed regulations should submit written comments in to Aamir Mansoor, Legislative Counsel Fellow, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, S.W., Room 5164, Washington, D.C. 20024, or by e-mail to [e-mail], not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. A copy fee of one dollar ($1.00) will be charged for each copy of the proposed rules requested. Free copies are available on the DCRA website at http://dcra.dc.gov by going to the “About DCRA” tab, clicking “News Room”, and clicking on “Rulemaking”.