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
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
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
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
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
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
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
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 type of filer sets where you file in many states. Several states send sole proprietors and general partnerships to the county clerk, while corporations and LLCs register the assumed name with the state.
Sole proprietor (just me, under my own or a new name)
The most common DBA filer. In several states a sole proprietor files with the county where the business operates.
Most Common OptionGeneral partnership
Two or more owners with no registered entity. Often files at the county level, listing every partner.
LLC or corporation using a different name
An existing registered company wants a brand or division name. Many states register this with the Secretary of State.
The Name
Most filing offices reject a name already on file, and many states bar a name that falsely implies a corporation or LLC. Searching first avoids a rejected filing.
Yes, I searched and the name is available
You are ready to file. The name is not already registered and does not misuse a corporate word.
Most Common OptionI have a name but have not checked it
Search your state or county filing office's index before filing so the statement is not rejected for a conflict.
I have not settled on a name
Pick a name that is distinguishable and does not falsely suggest a corporation or LLC unless you are one.
Filing
In county-filing states, a DBA is usually registered in each county where you do business, so operating in several counties can mean several filings and fees.
One county or location
The simplest case. A single filing in the place you operate, where the state files DBAs locally.
Most Common OptionSeveral counties or statewide
You may need to register in each county in county-filing states, or a single state filing where the state registers DBAs centrally.
I am not sure yet
Start where your principal place of business is; your state's page shows whether filing is state-level or county-level.
Many states require the DBA on file before you use the name publicly, open a bank account under it, or sign contracts in the name, so timing can matter.
A bank asked for it to open an account in the name
Banks commonly require a filed DBA before opening an account in an assumed name. A stamped copy is often what they want.
Most Common OptionI am starting to operate under the name
File before you advertise or contract under the name; many states require the registration before public use.
I am renewing or updating an existing name
Some states require renewal on a set term or when owner or address details change.
DBA (Doing Business As) Requirements
The Assumed Name
The exact fictitious or assumed name you will use. Most states bar a name that falsely implies a corporation or LLC, such as one containing Inc or LLC, unless the filer is that type of entity, and the name must be distinguishable from names already on file.