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How to File a DBA (Doing Business As)

A DBA, or doing business as, registers a name your business uses that is different from its legal name. See your state's filing office, fee, and publication rule. Attorney review available.

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Introduction

A DBA, short for doing business as, is the registration a business files to operate under a name that is different from its legal name. It is also called a fictitious business name, an assumed name, or a trade name, depending on the state. A sole proprietor whose legal name is the owner's own name, or a company that wants to run a brand or product line under a different name, files a DBA so the public and the state know who is really behind the name. Filing a DBA does not create a separate legal entity and does not by itself give any trademark or exclusive right to the name; it is a public record connecting the name to the person or business using it. Where you file is the biggest thing that varies. Some states register a DBA with the Secretary of State, some require you to file with the county clerk or recorder where the business operates, and some split it, sending sole proprietors and general partnerships to the county and corporations and LLCs to the state. The filing fee, the exact form, whether you must publish a notice in a local newspaper, and how long the registration lasts before you renew are all set by each state, and in county-filing states often by each county. Select your state to see where to file, the fee, any publication rule, how long it lasts, and a DBA statement built on its rules. DocDraft builds your DBA filing from your facts, with attorney review available before you file.

Key Things to Know

  1. 1

    A DBA (doing business as) registers a name a business uses that is different from its legal name. It is also called a fictitious business name, an assumed name, or a trade name.

  2. 2

    Where you file is the biggest variable. Some states file a DBA with the Secretary of State, some with the county clerk or recorder, and some split it by whether the filer is a sole proprietor or a registered company.

  3. 3

    A DBA does not create a separate legal entity and does not shield you from liability. A sole proprietor with a DBA is still personally responsible for the business.

  4. 4

    A DBA does not give you a trademark or an exclusive right to the name. It is a public record of who is using the name, not ownership of it.

  5. 5

    The filing fee and the form are set by each state, and in county-filing states often by each county, so a single nationwide fee does not exist. Check your state and, where filing is local, your county.

  6. 6

    Some states require you to publish a notice of the DBA in a local newspaper within a set window after filing, and to file proof of publication. Others require no publication at all.

  7. 7

    A DBA registration is not always permanent. Many states set a term, such as five or ten years, after which you must renew, while some require renewal only when the information changes.

Key Decisions

Your Business

The Name

Filing

Customize your DBA (Doing Business As) Template with DocDraft

FICTITIOUS BUSINESS NAME (DBA) STATEMENT

This statement registers a name under which the person or business named below will conduct business, a name different from that person or business's legal name. It is commonly called a doing business as (DBA), fictitious business name, assumed name, or trade name filing.

  1. Assumed Name. The fictitious or assumed business name being registered is [ASSUMED NAME]. The name does not include a word such as Corporation, Incorporated, LLC, or Limited unless the filer is in fact that type of entity, because many states bar a name that falsely implies a corporation or limited liability company.

  2. Registrant. The full legal name of the person or business registering the name is [REGISTRANT LEGAL NAME]. The registrant is a [sole proprietor / general partnership / limited liability company / corporation / other]. If the registrant is a company, its state of formation and entity number are [STATE AND ENTITY NUMBER].

  3. Registrant Address. The registrant's business or residence street address is [STREET ADDRESS, CITY, STATE, ZIP]. A post office box alone is generally not sufficient where a physical address is required.

  4. Principal Place of Business. The street address where business will be conducted under the assumed name is [BUSINESS ADDRESS], located in [COUNTY] County, [STATE].

  5. Nature of Business. The general type of business to be conducted under the assumed name is [DESCRIBE THE BUSINESS].

  6. Owners. Each person who owns the business and will use the assumed name is: [NAME(S) AND ADDRESS(ES) OF EACH OWNER]. For a general partnership, list every general partner.

  7. Filing. The registrant files this statement with [THE STATE FILING OFFICE OR THE COUNTY CLERK OR RECORDER, as the filer's state requires], together with the required filing fee. Where the state requires it, the registrant will also publish a notice of this assumed name in a qualifying newspaper within the state's deadline and file proof of publication.

  8. Declaration. The registrant declares that the information in this statement is true and that the registrant is entitled to use the assumed name. Filing this statement does not create a separate legal entity, does not by itself grant any exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.

Dated: ____________

[REGISTRANT SIGNATURE] [PRINTED NAME AND TITLE]

Note: This is a general DBA (fictitious business name) statement. Your state, and in many states your county, sets the exact form, the filing office, the fee, any newspaper publication requirement, and how long the registration lasts before renewal. For your state's filing office, fee, publication rule, renewal term, and a statement built on its rules, see your state's page linked from the DBA (Doing Business As) hub.

Frequently Asked Questions

A DBA, short for doing business as, is a registration that lets a business operate under a name different from its legal name. It is also called a fictitious business name, an assumed name, or a trade name. It is a public record connecting the name to the owner. Filing a DBA does not create a separate legal entity and does not, by itself, protect the name or limit your liability.

You generally need a DBA if you run a business under any name other than your own legal name (for a sole proprietor) or your registered company name (for an LLC or corporation). Many states require the filing before you use the name publicly, open a bank account in the name, or sign contracts under it. Whether it is mandatory, and when, is set by each state.

It depends on your state. Some states register a DBA with the Secretary of State, some require filing with the county clerk or recorder where you do business, and some split it by entity type. The fee is set by the state, and in county-filing states often by the county, so it ranges widely. Your state's page shows where to file and the current fee.

No. A DBA is a public record that connects a name to the person or business using it, but it does not give you ownership of the name or an exclusive right to it. Another business could register or use a similar name. To gain exclusive rights you would seek a state or federal trademark, which is a separate process from filing a DBA.

In some states, yes. A number of states require you to publish a notice of your fictitious or assumed name in a local newspaper within a set number of days after filing, then file proof of publication with the filing office. Other states have no publication requirement at all. Whether it applies, and the timing, is set by each state and your state's page notes the rule.

It varies. Many states set a fixed term, commonly five or ten years, after which you must renew the registration to keep using the name. Some states require renewal only when the underlying information changes, such as the owner or address. Your state's page shows how long a DBA lasts there and what you must do to keep it active.

A DBA is only a name registration; it lets an existing person or business use a different name and creates no new entity. An LLC is a separate legal entity you form with the state that gives its owners limited liability. You can have both: an LLC can file a DBA to run a brand under a different name. They serve different purposes, so choose based on whether you need liability protection or just a name.

How to File a DBA (Doing Business As) - DocDraft