No person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the legal name of such person, or in case of a firm or association, the legal name of each and every person comprising the firm or association without, in addition to what is otherwise required by the laws of this State, first filing a certificate under the hand of such person or, in case of a firm or association, under the hand of 1 of the members of the firm or association, with the Division of Revenue, designating the trade name or title and the legal name of such person, or, in case of a firm or association, the legal name of each and every member comprising the firm or association. All certificates shall show the date when the partnership or association was organized, to which certificates there shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct.
85 Del. Laws, c. 30,
§§
1, 1;
25 Del. Laws, c. 146,
§
1;
27 Del. Laws, c. 177,
§
1;
Code 1915,
§
2639;
Code 1935,
§
3111;
6 Del. C. 1953,
§
3101;
84 Del. Laws, c. 459,
§
1;
85 Del. Laws, c. 1,
§
1;
Notes of Decisions
Chaiken v. Emp. Sec. Comm'n, 274 A.2d 707 (Del. Super. Ct. 1971).
“Chaiken contends that he and his “partners” : (1) properly registered the partnership name and names of partners in the Prothonotary’s office, in accordance with 6 Del.C. § 3101, (2) properly filed federal partnership information returns and paid federal taxes quarterly on an…”
Carey, No. 11C-10-029 (Del. Super. Ct. July 1, 2015).
· cites it 5× “10 Finally, Defendants allege that Carey deceptively used the fictitious name “Carey’s Custom Home Construction,” whereas the actual name of the business entity owned by Carey is “Carey’s Home Construction,” in violation of 6 Del. C. §3101. 11 During trial, Defendants suggested…”
A&D Complete Servs. & Landscaping, LLC v. Horsepower Prop. Maint. LLC, No. N25C-06-233 KMM (Del. Super. Ct. Jan. 22, 2026).
· cites it 2× “25 Finally, Lenape argues that the request to amend should be denied because even if HP was used as a trade name, Horsepower failed to file a fictious name certificate, as required by 6 Del. C. § 3101. Therefore, it is prohibited from doing business in Delaware.”
Milford Plaza Enter. LLC v. White, No. N20C-08-137 CEB (Del. Super. Ct. Apr. 30, 2021).
“When so read, the Plaintiff’s allegations state reasonably conceivable claims that the lease contains 6 6 Del. C. § 3101. 7 See Chestnut Hill Plaza Hldgs.”
Purnell III v. Wilcox & Fetzer Ltd., No. 1:20-cv-01058 (D. Del. Feb. 25, 2022).
“He further argues that Deposition Solutions has no standing. Plaintiff moves to strike the motion 42) and argues that Deposition Solutions and the law firm of Farnan LLP are fictitious names and, therefore, are governed by 6 Del.”
Landy v. Vision Solar LLC, No. 1:21-cv-20241 (D.N.J. Feb. 7, 2023).
“See 6 Del. C. §3101; Del. Practical Law Checklist 3-616-5154 (“A business entity may … do business under a name other than its legal name (generally referred to as an assumed, doing-business-as (DBA), or fictitious name) if it registers to do business under an assumed name.”
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