WEST virginia legislature
2017 regular session
Senate Bill 602
By Senator Blair
[Introduced March 14, 2017;
to the Committee on Government Organization]
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 filed with clerk of county commission.
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.