This could be a matter which may be confirmed by reviewing the Secretary of State's records for the filing of a LLC/corporate name change or fictitious name (trade name) certificate. In some states fictitious name and trade name certificates are also filed with local county and/or town clerks.

In Connecticut doing business under a trade name or fictitious name which has not been properly registered is an actionable unfair trade practice when damages result to another party.

Under Connecticut's laws of agency if a party signs contracts using a fictious or trade name without disclosing the true name of the LLC/corporate entity for which he is acting and without disclosing that he is acting as its agent, that party is personally liable on the contract. It is incumbent upon him to make this disclosure at the appropriate time that he enters into contract. This is also true of oral contracts, but the burden of proof differs at trial as to the existence, validity and breach of the oral contract.

to post a reply: login - or - register