Foreign Use of Fictitious Names
Foreign Use of Fictitious Names (Also Known As [AKA] or Doing Business As [DBA])
Last Updated: 07/22/2024
Updates to the information will be noted with a "*" next to the state name and edits will be italicized and bolded.
|
State |
Requirement |
| Alabama | State does not allow the use of fictitious names (Ala. Code Section 27-3-5). |
| Alaska | State allows use of DBAs and AKAs. |
| Arizona | State allows the use of DBAs. Once selected, the DBA must be used at all time. The legal name may be used in addition to the DBA. |
| Arkansas | State allows use of DBAs. The DBA must be approved by the Arkansas Insurance Department and listed on a company's Arkansas Certificate of Authority. |
| *California | Foreign insurers may use a fictitious name when their true name cannot be approved under California regulations 10 CCR Sections 2278.50-58 and because it is an interference with or too similar to an already approved name or when the true name is likely to mislead the public. |
| *Colorado |
State does not allow the use of fictitious names. |
| Connecticut | State does not allow the use of fictitious names. |
| Delaware | State allows use of DBAs and AKAs. The applicant must use its true name on policies of insurance, advertising and other filings. Must register trade name with State. http://courts.delaware.gov/superior/trade_names.aspx. |
| District of Columbia |
State does not allow the use of fictitious names. |
| Florida | State allows use of DBAs. The insurer must file/register with the Florida Division of Corporations as well as submit evidence of an active name registration with the Florida Office of Insurance Regulation. The insurer's true name must appear on the policy. |
| Georgia | State does not allow the use of fictitious names. |
| Hawaii | The use of DBA or AKA is discouraged but not statutorily prohibited. The DBA must be approved by the Hawaii Insurance Division. Both legal and DBA names must be shown in legal documents which include Certificate of Authority and Certificate of Deposit. |
| Idaho | State allows the use of fictitious names. The DBA must be approved by the Idaho Department of Insurance, the Certificate of Deposit must be amended to include the DBA, and the DBA must be registered with the Secretary of State's Office. |
| Illinois | State does not allow the use of fictitious names. |
| Indiana | State does not allow the use of fictitious names on policies of insurance. |
| Iowa | State does not allow the use of fictitious names. |
| Kansas | Company names can’t match an existing company or be so similar as to mislead the public. Legal company name is required on policy forms. |
| Kentucky | State allows the use of fictitious names only when there is a conflict with another insurer's name. |
| Louisiana | State allows the use of fictitious names. |
| Maine | State allows the use of fictitious names with approval from the Bureau of Insurance. The DBA cannot be misleading as to the type of organization of the insurer (e.g., cannot use Mutual in the name if the company is not a mutual insurer). |
| Maryland | State does not allow the use of fictitious names for property/casualty companies. Life and health companies may use fictitious names and must also show the true name of the insurer. |
| Massachusetts | State does not allow the use of fictitious names. |
| Michigan | State does not allow the use of fictitious names. |
| Minnesota | State does not allow the use of fictitious names. |
| Mississippi | State does not generally allow the use of fictitious names; however, if the insurer's domiciliary charter/articles of incorporation allows the company to use different names for different states and that name is specifically noted, insurer may use the fictitious name. All filings must contain the exception name. |
| Missouri | State does not allow the use of fictitious names. |
| Montana | State allows the use of fictitious names along with the true name of the insurer. |
| Nebraska | State does not allow the use of fictitious names. |
| Nevada | State reviews each case on its merits. |
| New Hampshire | State reviews each case on its merits. |
| New Jersey | State does not allow the use of fictitious names. |
| New Mexico | State will not approve any assumed names/DBA names. |
| New York | State does not allow the use of fictitious names. Life Bureau does not allow the use of fictitious names but may review if merited. |
| North Carolina | State does not allow the use of fictitious names. |
| North Dakota | State allows the use of fictitious names along with the true name of the insurer on policies, advertising and other items. |
| Ohio | State does not allow fictitious names except for Health Insuring Corporations. |
| Oklahoma | Company name must be true legal name, dba allowed to be used if it has been legally registered with the state of domicile and OK. |
| Oregon | State allows the use of fictitious names and the DBA name must be on file with the Insurance Commissioner. |
| Pennsylvania | State does not allow the use of fictitious names. |
| Puerto Rico | U.S. Territory does not allow the use of fictitious names. |
| Rhode Island | State allows the use of fictitious names. The insurer requesting a fictitious name must file that request with the Rhode Island Secretary of State and concurrently file the request with the Rhode Island Insurance Division. The Insurance division will reissue a Certification of Authority with the fictitious name when the original Certificate of Authority is returned. |
| South Carolina | State does not allow the use of fictitious names. |
| South Dakota | State allows the use of DBAs. |
| Tennessee | Using DBAs or AKAs is discouraged and may be recognized only on an exception basis. Usage would additionally require recognition by Tennessee Secretary of State. |
| Texas | State does not allow the use of fictitious names in conjunction with the charter name; however, the insurer may use a name different than what it operates under in its state of domicile and other jurisdictions. The insurer must file an assumed name certificate and must use that name at all times in the state. |
| Utah | State allows insurers to use both AKA and DBA, however, name has to be registered with the Utah Department of Corporations and approved by the Utah Insurance Department. |
| Vermont | State does not allow the use of fictitious names. |
| Virginia |
State allows the use of fictitious names and the full legal corporate name must be included. |
| Washington | State does not allow the use of fictitious names. |
| West Virginia | State allows insurers to use fictitious names; however, it will not show on the Certificate of Authority unless it’s requested. |
| Wisconsin | State does not allow the use of fictitious names. |
| Wyoming | Per W.S. 26-3-120(a) A property insurer or multiple line insurer authorized to transact insurance in Wyoming may issue property insurance policies under its own name or under one (1) additional "title" registered with the commissioner. Per W.S. 26-3-106(b) In case of conflict of names between two (2) insurers, or a conflict otherwise prohibited under this section, the Commissioner may permit, or shall require as a condition to the issuance of an original certificate of authority to an applicant insurer, the insurer to use in this state a modified name as may reasonably be necessary to avoid the conflict. |