44-1236

44-1236. Certificate of name required;
exceptions

A. Any person other than a partnership transacting business in this state under a
fictitious name or a designation not showing the name of the owner of the business or the
name of the corporation doing such business shall record with the county recorder of the
county in which the place of business is located a certificate stating in full either:

1. The name of the owner of the business and his or her place of residence, signed
by the owner and acknowledged.

2. If a corporation, the name and address of the corporation, signed by the
statutory agent and acknowledged.

B. A new certificate shall be recorded upon any change in ownership of the business
using a fictitious name unless such business is a corporation.

C. A new certificate shall be recorded if a corporation transfers the right to use
such fictitious name to another corporation.

D. A person or corporation doing business contrary to this section shall not
maintain an action upon or on account of a contract or transaction made in the fictitious
name in any court of this state until such person has first recorded the certificate
required by this section.

E. This section does not apply to a person or corporation that has either:

1. Filed a trade name certificate with the secretary of state.

2. Obtained authorization from the corporation commission to conduct business as a
foreign corporation using a particular name.