WEST virginia legislature
2017 regular session
Senate Bill 602
Senator Blair, original sponsor
[Passed April 7, 2017; in effect 90 days from passage]
AN ACT to amend and reenact §47-8-2 and §47-8-3 of the Code of West Virginia, 1931, as amended, all relating to registering and indexing of fictitious names used by sole proprietors, individuals, or general partnerships; striking exemptions; and providing that the Secretary of State shall keep a searchable database for all persons filing forms to register and index fictitious names.
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 with the Secretary of State a 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 form shall be executed and duly acknowledged by the person or persons so owning, conducting or intending to conduct such business.
§47-8-3. Indexing of forms filed with Secretary of State.
The Secretary of State shall keep a searchable database of all persons filing forms provided for in this article.