How to File a DBA in Pennsylvania
In Pennsylvania a DBA is a Registration of Fictitious Name filed statewide with the Department of State on form DSCB:54-311, with newspaper publication when an individual is a party. Attorney review available.
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Introduction
Whether a Pennsylvania DBA needs newspaper publication depends on who is a party to it, but every one is filed as a Registration of Fictitious Name, the public filing that lets a person or business use a name different from the owner's legal name. Filing it 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. Unlike some states, Pennsylvania files fictitious names with the state, not the county: you file one form, DSCB:54-311, with the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, under the Fictitious Names Act (54 Pa.C.S. 301 to 332, registration under 54 Pa.C.S. 311). The Department of State charges a filing fee of $70 for the form, so confirm the current amount on the form before you file. Publication is not required of every filer. Under 54 Pa.C.S. 311, when an entity that includes an individual as a party registers, the registrant must officially publish notice of the intention to file or the filing of the application in the county where the principal place of business is located, and keep the proof of publication with the permanent records of the business rather than file it with the Department. When no individual is a party, no publication is required. A Pennsylvania fictitious name registration has no fixed expiration and no periodic renewal; you file an amendment when the name, an address, or a party changes. DocDraft builds your Pennsylvania Registration of Fictitious Name from your facts, with attorney review available before you file.
Key Things to Know
- 1
Pennsylvania files a DBA statewide as a Registration of Fictitious Name on a single form. It is a public filing that lets you use a business name different from the owner's legal name, and it creates no separate legal entity.
- 2
You file statewide with the Pennsylvania Department of State, Bureau of Corporations and Charitable Organizations, on form DSCB:54-311 (54 Pa.C.S. 311). Pennsylvania registers fictitious names with the state, not the county.
- 3
Pennsylvania uses one statewide form and fee. The Department of State charges a filing fee of $70 for the Registration of Fictitious Name; confirm the current amount on the form before filing.
- 4
Publication applies only when an individual is a party. Under 54 Pa.C.S. 311, an entity that includes an individual party must publish official notice in the county of the principal place of business and keep the proof with its records rather than file it with the Department.
- 5
If no individual is a party, for example an LLC or a corporation registering a fictitious name, Pennsylvania does not require newspaper publication.
- 6
A Pennsylvania fictitious name registration has no fixed expiration and no periodic renewal. You file an amendment when the name, an address, or a party changes.
- 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 a registered fictitious name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Pennsylvania, 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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Pennsylvania Requirements for DBA (Doing Business As)
File With the Department of State
In Pennsylvania a DBA is a Registration of Fictitious Name filed with the Department of State, Bureau of Corporations and Charitable Organizations, on form DSCB:54-311. Pennsylvania files fictitious names with the state, not the county (54 Pa.C.S. 311).
Statewide Form and Fee
Pennsylvania uses one statewide form, DSCB:54-311, and the Department of State charges a filing fee of 70 dollars. Confirm the current amount on the form or the Department fee schedule before filing.
The Fictitious Name
The exact fictitious name to register. The name may not imply that the business is a corporation or another registered entity unless the registrant is in fact that type of entity.
Parties to the Registration
The full legal name and address of each individual or entity that will use the fictitious name. For each entity, state its form of organization and the jurisdiction where it was formed.
Principal Place of Business
The street address and county of the principal place of business in Pennsylvania, and a brief statement of the character or nature of the business.
Newspaper Publication
When an entity that includes an individual party registers, 54 Pa.C.S. 311 requires official publication of notice in the county where the principal place of business is located. The proof of publication is kept with the business records and is not filed with the Department. When no individual is a party, publication is not required.
No Fixed Expiration
A Pennsylvania fictitious name registration does not expire on a fixed schedule and has no periodic renewal. File an amendment when the name, an address, or a party changes.
No Entity, No Trademark, No Liability Shield
A Pennsylvania fictitious name registration 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.