Last updated
Michigan calls it an assumed name. Where you file depends on what kind of business you run. Individuals and partnerships go to the county. Corporations and LLCs go to the state.
What does a sole proprietor or partnership do?
The county statute, MCL 445.1, says a person may not carry on business under an assumed name, or under a name other than their real name, unless they file a certificate in duplicate with the county clerk. You file in the county or counties where you own, conduct or intend to conduct business, or keep an office.
The filing fee is $6.00, paid when you file. The certificate states the name the business uses and the real full name and address of the owner. The county clerk certifies the duplicate and returns it to you.
A large charter county may set a different amount by ordinance, though not more than the cost of the service. Ask your clerk what the fee is today.
The statute also says that selling goods by sample, through a traveling agent, or by orders sent by mail does not count as transacting business for this filing.
What does the statute leave out?
The statute defines a person as individuals, partnerships, trusts, fiduciaries and other entities capable of contracting, except corporations and limited partnerships. Those two use the state route instead. Sole proprietorships and general partnerships do not register with the Corporations Division at all.
How long does a county certificate last?
The section of MCL 445.1 we read states no expiry and no renewal step for the county certificate. It only sets the filing, the fee and the clerk's duty to return the certified duplicate. If you move the business or take on a new partner, ask the clerk whether to file a fresh certificate. Do not assume an old one still describes the business.
How does an LLC or corporation file?
With the Corporations Division of the state. The Corporations Division fee schedule lists the Certificate of Assumed Name, form 541, at $25 for an LLC. A Certificate of Renewal, form 542, is $25. A Certificate of Termination, form 543, is also $25.
For corporations, MCL 450.1217 lets a corporation use an assumed name by filing a certificate. It stays effective until December 31 of the fifth full calendar year after the year of filing. The state must warn the corporation about expiry not later than 90 days before the end. We did not read the same rule for LLCs, so check the form instructions before you count on the same term.
Can I search Michigan assumed names?
For the county route, the filing sits with the clerk, and we did not find a statewide index of those filings. Call or visit the clerk's page for the county where the business operates.
For companies registered with the state, the Business Entity Search on the Corporations Division pages is the tool. Our Michigan business search guide walks through it. The DBA search guide explains how county and state records differ.
Why keep the assumed name current?
The state warns that if a business loses good standing you may lose the rights to your business name and assumed names. An LLC that misses its annual statement can end up there, so pair the assumed name with the yearly filing described in our Michigan LLC guide.
DBA or LLC?
An assumed name is only a trading label. If you want a separate company, you form an LLC. See DBA versus LLC and how to file a DBA for the general steps. For permits and licenses, read our Michigan business license guide.