How to File a DBA in Oklahoma
In Oklahoma a DBA is a Trade Name Report filed statewide with the Secretary of State for $25, with no newspaper publication and no fixed expiration. Attorney review available.
Find out where you stand in Oklahoma
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Introduction
In Oklahoma a DBA takes the form of a Trade Name Report that never expires once filed, a public record that lets a person or business use a name different from the owner's legal name and that creates no separate legal entity. Unlike some states, Oklahoma files trade names with the state, not the county. You register by filing a Trade Name Report with the Oklahoma Secretary of State, and the Secretary of State fee schedule lists a $25 fee for a Trade Name (Title 18 of the Oklahoma Statutes section 1142). Because the filing is statewide, there is one form and one fee, with no separate county trade name filing. Filing a trade name 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; a trademark is a separate Oklahoma registration (Title 78 of the Oklahoma Statutes section 23). Oklahoma does not require you to publish the trade name in a newspaper, so there is no publication step and no affidavit to file. An Oklahoma Trade Name Report has no fixed expiration and no periodic renewal: it stays on the Secretary of State record until you file an Amended Trade Name Report, a Transfer of Trade Name, or a Withdrawal of Trade Name Report, each of which the Secretary of State also charges $25 to file. A general partnership that uses a name not showing each partner's surname files a separate Certificate of Partnership Fictitious Name with the Secretary of State (Title 54 of the Oklahoma Statutes section 1-105). DocDraft builds your Oklahoma trade name report from your facts, with attorney review available before you file.
Key Things to Know
- 1
Oklahoma records a DBA as a Trade Name Report that has no fixed expiration. It is a public registration that lets you do business under a name different from the owner's legal name, and it creates no separate legal entity.
- 2
You register a trade name by filing a Trade Name Report with the Oklahoma Secretary of State. The filing is statewide, so there is no separate county DBA filing.
- 3
Oklahoma uses one statewide form and fee. The Secretary of State fee schedule lists a $25 fee to file a Trade Name (Title 18 of the Oklahoma Statutes section 1142).
- 4
Oklahoma does not require newspaper publication of a trade name. There is no publication step and no affidavit of publication to file.
- 5
An Oklahoma Trade Name Report has no fixed expiration and no periodic renewal. It stays on the record until you file an amended report, a transfer, or a withdrawal, each $25.
- 6
A DBA does not give you ownership of or an exclusive right to the name, and it does not limit your liability. A trademark is a separate Oklahoma registration (Title 78 of the Oklahoma Statutes section 23).
- 7
A general partnership that uses a name not showing each partner's surname also files a separate Certificate of Partnership Fictitious Name with the Secretary of State (Title 54 of the Oklahoma Statutes section 1-105).
Key decisions before you file
Before you file a DBA (Doing Business As) in Oklahoma, 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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Oklahoma Requirements for DBA (Doing Business As)
File a Trade Name Report With the Secretary of State
In Oklahoma a DBA is registered as a trade name by filing a Trade Name Report with the Oklahoma Secretary of State. The filing is statewide, not with a county clerk.
Statewide Form and Fee
Oklahoma uses one statewide Trade Name Report form. The Secretary of State fee schedule lists a 25 dollar fee for a Trade Name set by Title 18 of the Oklahoma Statutes section 1142. There is no separate county trade name filing.
The Trade Name
The exact trade name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity.
Registrant and Owners
The full legal name and address of the registrant, the type of registrant, and the name and address of each owner that will use the trade name.
Principal Place of Business
The street address and county of the principal place of business in Oklahoma, and the general nature of the business conducted under the trade name.
No Newspaper Publication
Oklahoma does not require you to publish a trade name in a newspaper, and no proof of publication is filed with the Secretary of State.
No Fixed Expiration
A Trade Name Report has no fixed expiration and no periodic renewal. It stays on record until you file an Amended Trade Name Report, a Transfer of Trade Name, or a Withdrawal of Trade Name Report.
No Entity, No Trademark, No Liability Shield
An Oklahoma trade name 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.