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How to File a DBA in Kansas

In Kansas there is no DBA or trade name registration. A business simply uses the name, gets an EIN, and opens a bank account. Attorney review available.

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Introduction

Kansas has no DBA registration at all, whether statewide or at the county level, so a DBA (doing business as) here is simply a business name different from the owner's legal name that you begin using, and it creates no separate legal entity. Kansas is unusual: there is no statewide DBA, fictitious business name, assumed name, or trade name registration, and no general county DBA filing either. The Kansas Secretary of State files and maintains records only for corporations, limited liability companies, limited partnerships, and limited liability partnerships, so a sole proprietor or partnership does not register a trade name with the state. In practice, a Kansas business simply begins using the name. To operate under it, most owners get a federal Employer Identification Number (EIN) from the IRS and open a business bank account in the trade name; the bank may ask for documentation such as the EIN confirmation letter or, for a registered entity, its formation paperwork. Before choosing a name you can use the Secretary of State Business Search to confirm the name is not already taken by a registered entity, which helps you avoid confusion or a conflict. A DBA in Kansas does not create a corporation or an LLC, does not shield the owner from personal liability, and does not give a trademark or an exclusive right to the name; for name protection you would register a trademark or service mark, and for liability protection you would form an entity. Because there is no filing, there is no newspaper publication step and nothing to renew. DocDraft builds a Kansas trade name record and business-name checklist from your facts, with attorney review available as an option before you rely on it.

Key Things to Know

  1. 1

    In Kansas there is no DBA registration to file, so a DBA (doing business as) is just a business name different from the owner's legal name that you begin using. It creates no separate legal entity, and neither the state nor a county records it.

  2. 2

    Kansas has no statewide DBA, fictitious business name, assumed name, or trade name registration. The Secretary of State files records only for corporations, limited liability companies, limited partnerships, and limited liability partnerships.

  3. 3

    There is no general county DBA requirement in Kansas either. A sole proprietor or partnership simply begins using the name; there is no state or county form to file and no filing fee.

  4. 4

    In practice, most owners get a federal Employer Identification Number (EIN) from the IRS and open a business bank account in the trade name. The bank may ask for documentation such as the EIN letter.

  5. 5

    Before using a name, you can search the Kansas Secretary of State Business Search to confirm it is not already used by a registered corporation, LLC, LP, or LLP. This is a precaution, not a filing.

  6. 6

    Because there is no DBA filing in Kansas, there is no newspaper publication step and nothing to renew. You simply continue to use the name.

  7. 7

    A Kansas trade name gives no ownership of or exclusive right to the name and no liability protection. For exclusive rights register a trademark or service mark; for liability protection form an entity.

Key decisions before you file

Before you file a DBA (Doing Business As) in Kansas, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.

Open the DBA (Doing Business As) guide

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Kansas Requirements for DBA (Doing Business As)

  • Trade Name You Will Use

    The exact business name you will use in Kansas. Kansas does not register trade names, so no form is filed, but the name should not include Corporation, LLC, or Limited unless you have formed that type of entity with the Kansas Secretary of State.

  • No State or County Filing

    Kansas has no statewide DBA, fictitious name, assumed name, or trade name registration, and no general county DBA requirement. The Secretary of State files records only for corporations, LLCs, LPs, and LLPs, so a sole proprietor simply uses the name.

  • Owner Legal Name and Type

    The full legal name of the owner and the business type. For a sole proprietor the legal name of the business is the full name of the owner. For a general partnership, list each partner who will use the name.

  • Federal EIN

    A federal Employer Identification Number from the IRS. A sole proprietor with no employees may use a Social Security number, but a bank commonly asks for an EIN to open a business account in the trade name.

  • Business Bank Account Documentation

    What your bank asks for to open an account in the trade name, such as the EIN confirmation letter or, for a registered entity, its Kansas formation paperwork. This stands in for the DBA certificate that other states issue.

  • Name Availability Check

    A search of the Kansas Secretary of State Business Search to confirm the name is not already used by a registered corporation, LLC, LP, or LLP. This is a precaution to avoid confusion, not a filing requirement.

  • No Newspaper Publication

    Kansas requires no newspaper publication of a trade name, because there is no DBA filing to publish. There is also no filing fee and nothing to renew.

  • No Entity, No Liability Shield, No Trademark

    Using a trade name creates no separate legal entity, does not limit personal liability, and gives no exclusive right or trademark in the name. For protection, register a trademark or form an entity with the Kansas Secretary of State.

Frequently Asked Questions