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.
Find out where you stand in Arkansas
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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
- 1
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.
- 2
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).
- 3
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).
- 4
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.
- 5
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.
- 6
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.
- 7
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)
Filing Is Split by Filer Type
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.
Entity Files With the Secretary of State
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.
Sole Proprietor Files With the County Clerk
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 Fictitious or Assumed Name
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.
Registrant and Owners
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.
No Newspaper Publication
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.
No Fixed Expiration or Renewal
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.
No Entity, No Trademark, No Liability Shield
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.