How to File a DBA in Alabama
In Alabama there is no mandatory DBA filing to operate; you can register a trade name with the Secretary of State for five years to claim notice and priority. Attorney review available.
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Introduction
Alabama treats a DBA (a business name different from the owner's legal name) as a voluntary trade name registration with the Alabama Secretary of State, a filing that gives notice and priority but creates no separate legal entity and no liability protection. Alabama has no statewide law that forces a sole proprietor to file a general assumed-name certificate just to operate. Instead, Alabama lets you register the name as a trade name with the Alabama Secretary of State, which is voluntary and gives you notice and priority in the name rather than permission to do business (Ala. Code 8-12-6 and following). State law defines a trade name as a word or name adopted and used by a person to identify and distinguish that person's business. You register by filing an application with the Secretary of State and paying a filing fee of $30 (Ala. Code 8-12-8); the filing is statewide, not with a county, and Alabama has no newspaper publication requirement. A registration is effective for a term of five years from the date of registration and may be renewed for successive five-year periods, with a $30 renewal fee (Ala. Code 8-12-10). Registering a trade name is closely related to trademark and service mark protection, because Alabama treats a trade name as a type of mark, but registering does not by itself give you an exclusive nationwide right to the name and does not shield you from liability. DocDraft builds your Alabama trade name registration from your facts, with attorney review available before you file.
Key Things to Know
- 1
Alabama calls a DBA a trade name and registering it is voluntary, but at bottom a DBA is simply a business name different from the owner's legal name. It creates no separate legal entity, so a sole proprietor using a DBA remains the same legal person and taxpayer.
- 2
Alabama has no statewide law requiring a general assumed-name or fictitious-name certificate before you can operate under a DBA. The optional step is registering the name as a trade name with the Alabama Secretary of State.
- 3
Registering a trade name with the Secretary of State is voluntary. It gives you public notice and priority in the name, not permission to do business, and not registering does not stop you from using the name (Ala. Code 8-12-6 and following).
- 4
You register with the Alabama Secretary of State, statewide, not with a county. The application is accompanied by a filing fee of $30 payable to the Secretary of State (Ala. Code 8-12-8).
- 5
Alabama does not require you to publish a notice of the name in a newspaper. There is no publication step and no affidavit of publication for a trade name registration.
- 6
A trade name registration is effective for a term of five years from the date of registration and may be renewed for successive five-year periods, with a $30 renewal fee (Ala. Code 8-12-10).
- 7
A trade name registration does not give you an exclusive nationwide right to the name and does not limit your liability. Alabama treats a trade name as a mark, so it is related to but narrower than a federal trademark, and liability protection would require forming an LLC or corporation.
Key decisions before you file
Before you file a DBA (Doing Business As) in Alabama, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Alabama Requirements for DBA (Doing Business As)
Register With the Secretary of State
In Alabama a DBA is registered as a trade name with the Alabama Secretary of State, statewide, not with a county. Registration is voluntary and gives notice and priority in the name, not permission to operate (Ala. Code 8-12-6 and following).
Filing Fee of 30 Dollars
The application for registration must be accompanied by a filing fee of 30 dollars payable to the Secretary of State (Ala. Code 8-12-8). Because the filing is with the state there is one statewide fee, not a fee that changes by county.
The Trade Name
The exact trade name to register. State law defines a trade name as a word, name, symbol, or design adopted and used to identify and distinguish the business from others (Ala. Code 8-12-6).
Registrant and Business Type
The full legal name and address of the registrant and the type of registrant, whether an individual, general partnership, limited liability company, or corporation, plus the state of organization for an entity.
Adoption, Use, and Class
The date the trade name was first adopted and used, the general nature of the business, and the class of goods, services, or business the name is used with under the Secretary of State classification.
No Newspaper Publication
Alabama does not require publishing a notice of the trade name in a newspaper. There is no publication step and no affidavit of publication for a trade name registration filed with the state.
Five-Year Term and Renewal
A registration is effective for a term of five years from the date of registration and may be renewed for successive five-year periods, with a 30 dollar renewal fee (Ala. Code 8-12-10).
No Entity, No Exclusive Right, No Liability Shield
A trade name registration creates no separate legal entity, does not by itself give an exclusive nationwide right to the name, and does not limit the personal liability of the owner. Liability protection requires forming an LLC or corporation.