8999 DEFINITIONS

8991.1 As used in this chapter, the following terms shall have the meanings ascribed:

Application - the master business license application as prescribed in Chapter 80.

Business - any trade, profession, or activity which provides, or holds itself out to provide, goods or services to the general public or to any portion of the general public, for hire or compensation, and which pays, or is subject to the payment of, taxes on earnings, or fees in lieu of taxes, to the District of Columbia (District), or which qualifies for tax-exempt status under District law.

Department - the Department of Consumer and Regulatory Affairs.

Director - the Director of the Department of Consumer and Regulatory Affairs.

Executed - the signing of a document by a person under penalties of perjury and in an official and authorized capacity on behalf of the person submitting the document to the Department.

Person - any individual, partnership, limited liability partnership, limited liability company, or corporation conducting or having an interest in a business in the District of Columbia.

Style - the title, or appellation of a person.

Trade name - a word or name, or any combination of a word or name, used by a person to identify the person's business which:

A. Is not, or does not include, the true and real name of all persons conducting the business or with an interest therein; or

B. Include words which suggest additional parties of interest such as "company," "and sons," "and daughters," "and associates."; and

C. Which does not include words which are generally included with the registration of a true name such as "corporation", "incorporated", "partnership", "limited"; and

D. Does not include words or terms that are sexually explicit; and

E. Does not include any word, phrase, or statement prohibited by D.C. Official Code § 29-101.08.

Trade Name Application - the document incorporating pertinent data required for trade name registration.

True and real name - one of the following:

A. The surname of an individual coupled with one or more of the individual's other names, one or more of the individual's initials, or any combination thereof;

B. The designation, style or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual's legal signature;

C. The registered corporate name of a domestic corporation as filed with the

Corporations Division of the Department;

D. The registered corporate name of a foreign corporation authorized to do business within the District of Columbia as filed with the Corporations Division of the Department;

E. The registered partnership name of a domestic limited partnership or domestic limited liability partnership filed with the Corporations Division of the Department;

F. The registered partnership name of a foreign limited partnership or foreign limited liability partnership as filed with the Corporations Division of the Department;

G. The name of a general partnership which includes in its name the true and real names, as defined in subparagraphs A through F of this paragraph, of each general partner as required in this chapter;

H. The registered limited liability company name of a domestic limited liability company as filed with the Corporations Division of the Department; or

I. The registered limited liability company name of a foreign limited liability company authorized to do business within the District of Columbia as filed with the Corporations Division of the Department.

SOURCE: As amended by Final Rulemaking published at 49 DCR 10075 (November 8, 2002).