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SB602 SUB1 Senate Bill 602 History

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WEST virginia legislature

2017 regular session

Committee Substitute

for

Senate Bill 602

By Senator Blair

[Originating in the Committee on Government Organization; reported on March 22, 2017]

 

 

A BILL to amend and reenact §47-8-2 and §47-8-3 of the Code of West Virginia, 1931, as amended, all relating to transferring responsibility for registering and indexing of fictitious names used by sole proprietors.

Be it enacted by the Legislature of West Virginia:


That §47-8-2 and §47-8-3 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:


ARTICLE 8. TRADE NAMES.


§47-8-2. Business not to be conducted under assumed name without filing certificate of true name.

No individual, sole proprietorship or general partnership may carry on, conduct or transact any business in this state under any assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals owning, conducting or transacting such business, unless that person or persons shall file in the office of the clerk of the county commission of the county in which such person or persons maintains his principal place of business with the Secretary of State a certificate form setting forth the name under which such business is, or is to be, conducted or transacted, and the true or real full name or names of the person or persons owning, conducting or transacting the same, with the home and post office address or addresses of such person or persons. Such certificate form shall be executed and duly acknowledged by the person or persons so owning, conducting or intending to conduct such business. Provided, That the selling of goods by sample or through traveling agents or traveling salesmen, or by means of orders forwarded by the purchaser through the mails, may not be construed for purposes of this article as conducting or transacting business so as to require the filing of such certificates


§47-8-3. Indexing of certificates forms filed with clerk of county commission Secretary of State.

The clerks of county commissions of this Secretary of State shall keep an alphabetical index a searchable database of all persons filing certificates forms provided for in this article.

NOTE: The purpose of this bill is to create a uniform system of recording and indexing of fictitious names used by sole proprietors in this state.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

 

 

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