How to File a DBA in Arkansas
In Arkansas an LLC or corporation files a fictitious name with the Secretary of State, while a sole proprietor files an assumed name with the county clerk. Attorney review available.
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Introduction
Unlike states with a single DBA office, Arkansas decides where you file by the kind of filer you are, though the DBA itself is the same everywhere: a public registration of a business name different from the owner's legal name that creates no separate legal entity. Arkansas splits where you file by the type of filer. A limited liability company or a corporation files an Application for Fictitious Name with the Arkansas Secretary of State; a corporation is required to do this before it conducts business under a fictitious name (Ark. Code 4-27-404). An individual sole proprietor or a general partnership instead files a certificate of assumed name with the county clerk of each county where the business is conducted (Ark. Code 4-70-203). The Secretary of State fee for the entity filing is $25 for a paper filing, with a reduced online rate of about $22.50, while each county clerk sets its own recording fee, so a sole proprietor should confirm the amount with the county clerk. Filing a DBA does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. Arkansas does not require you to publish the name in a newspaper. An Arkansas fictitious or assumed name registration has no fixed expiration and no periodic renewal; you refile only to change the name or the ownership. DocDraft builds your Arkansas fictitious or assumed name registration from your facts, with attorney review available before you file.
Key Things to Know
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Arkansas uses two different DBA registrations depending on the filer: an entity files a fictitious name and an individual files an assumed name. Either way a DBA is a business name different from the owner's legal name, and it creates no separate legal entity.
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Arkansas splits the filing by filer type. A limited liability company or a corporation files an Application for Fictitious Name with the Arkansas Secretary of State (a corporation must do so before conducting business under the name, Ark. Code 4-27-404).
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An individual sole proprietor or a general partnership files a certificate of assumed name with the county clerk of each county where the business is conducted, not with the state (Ark. Code 4-70-203).
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The Secretary of State fee for the entity fictitious name filing is $25 for a paper filing, with a reduced online rate of about $22.50. Confirm the current online rate with the Secretary of State.
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There is no statewide county fee. Each county clerk sets its own recording fee for the assumed name certificate, so a sole proprietor or partnership should confirm the amount with the county clerk.
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Arkansas does not require you to publish the fictitious or assumed name in a newspaper, and the registration has no fixed expiration or periodic renewal. You refile only to change the name or the ownership.
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A DBA gives you no ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Arkansas, 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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Arkansas Requirements for DBA (Doing Business As)
In Arkansas a DBA is a fictitious name for an entity or an assumed name for an individual, and where you file depends on the filer. An LLC or corporation files with the Arkansas Secretary of State, and a sole proprietor or partnership files with the county clerk.
A limited liability company or a corporation files an Application for Fictitious Name with the Arkansas Secretary of State, and a corporation must do so before conducting business under the name (Ark. Code 4-27-404). The fee is 25 dollars for a paper filing, with a reduced online rate of about 22 dollars and 50 cents.
An individual sole proprietor or a general partnership files a certificate of assumed name with the county clerk of each county where the business is conducted, not with the state (Ark. Code 4-70-203). Each county clerk sets its own recording fee, so confirm the amount with the county clerk.
The exact name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and an entity name must be distinguishable on the records of the Secretary of State.
The full legal name and address of the registrant, the type of registrant, and the full name and address of each person conducting the business. For a general partnership, every partner is listed on the county assumed name certificate.
Arkansas does not require you to publish the fictitious or assumed name in a newspaper. Neither the county assumed name certificate (Ark. Code 4-70-203) nor the Secretary of State fictitious name filing requires newspaper notice.
An Arkansas fictitious or assumed name registration has no fixed expiration and no periodic renewal. It stays in effect once filed, and you file again only to change the registered name or the ownership behind it.
An Arkansas DBA is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.
Frequently Asked Questions
In Arkansas a DBA is a fictitious name for an entity or an assumed name for an individual, a public registration that lets a person or company do business under a name different from the owner's legal name. An LLC or corporation files it with the Arkansas Secretary of State (Ark. Code 4-27-404), while a sole proprietor or partnership files it with the county clerk (Ark. Code 4-70-203). It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In Arkansas a DBA is only a name registration; it creates no new entity and gives no liability protection. An Arkansas LLC is a separate legal entity you form by filing a Certificate of Organization with the Arkansas Secretary of State, and it shields the owners' personal assets. The filing path differs too: an LLC or corporation files its fictitious name with the Secretary of State, while a sole proprietor files an assumed name with the county clerk. You can have both, since an existing LLC can file a fictitious name to run a brand under another name.
It depends on the filer. A limited liability company or a corporation files an Application for Fictitious Name with the Arkansas Secretary of State (Ark. Code 4-27-404); that fee is $25 for a paper filing, with a reduced online rate of about $22.50. A sole proprietor or general partnership files a certificate of assumed name with the county clerk of each county where the business is conducted (Ark. Code 4-70-203), and each county clerk sets its own recording fee, so confirm the amount with the county clerk.
No. Arkansas does not require you to publish a fictitious or assumed name in a newspaper. The county assumed name statute (Ark. Code 4-70-203) sets out what the certificate must contain and where it is filed, but it does not require newspaper publication, and the Secretary of State fictitious name filing for an LLC or corporation does not require publication either. That keeps the Arkansas filing simpler and cheaper than in states that require weeks of newspaper notice.
An Arkansas fictitious or assumed name registration has no fixed expiration and no periodic renewal. Once the entity files its fictitious name with the Secretary of State, or the individual files the assumed name certificate with the county clerk, it stays in effect without a set renewal date. You file again only to change the registered name or the ownership behind it. Because there is no expiration to track, the main thing to watch is keeping the record current whenever an owner or the name changes.
In Arkansas you file when you do business under a name different from your legal name. A corporation must file an Application for Fictitious Name with the Secretary of State before it conducts business under a fictitious name (Ark. Code 4-27-404), and an LLC files the same way. A person or partnership that conducts business under an assumed name must file a certificate with the county clerk of each county where the business is conducted (Ark. Code 4-70-203). Match the path to your filer type.
No. An Arkansas fictitious or assumed name registration is a public record connecting a name to the person or entity using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor filing an assumed name remains personally liable for the business. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.
Yes. The Arkansas county assumed name certificate lists the full name and address of each person conducting the business under the name (Ark. Code 4-70-203), so for a general partnership every partner is listed. For an entity filing with the Secretary of State, the fictitious name is tied to the registered LLC or corporation, and the owners appear through that entity's own records. The owners are recorded together on the one registration for the assumed or fictitious name.