How to File a DBA in Tennessee
In Tennessee a DBA is an assumed name. A corporation, LLC, or LP files it with the Secretary of State for $20, valid five years; a sole proprietor has no state filing. Attorney review available.
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Introduction
In Tennessee, a DBA is registered as an assumed name, the public filing that lets a business use a name different from its legal name; it creates no separate legal entity. Tennessee is distinctive because the assumed name is filed with the Secretary of State, and only by a registered business entity. A corporation files an Application for Registration of Assumed Corporate Name (Tenn. Code 48-14-101), and a domestic or foreign LLC files the same kind of application (Tenn. Code 48-249-106); a limited partnership registers an assumed name the same way. A sole proprietor or general partnership does not file an assumed name with the State of Tennessee. For them any name requirement is set at the county level, and often there is none, so a sole proprietor checks with the county clerk rather than the state. The filing fee for the assumed name application is $20 (Tenn. Code 48-11-303). Filing an assumed 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. Tennessee does not require you to publish the assumed name in a newspaper. The right to use the assumed name is effective for five years from the date it is filed with the Secretary of State (Tenn. Code 48-14-101(d)(4) and 48-249-106(d)(4)), and to keep it you file a renewal within the two months before it expires, for another five years (Tenn. Code 48-14-101(d)(5) and 48-249-106(d)(5)). DocDraft builds your Tennessee assumed name application from your facts, with attorney review available before you file.
Key Things to Know
- 1
In Tennessee a DBA is called an assumed name. It is a public registration that lets a business use a name different from its legal name; it creates no separate legal entity and gives no liability protection.
- 2
The assumed name is filed with the Tennessee Secretary of State, and only by a registered entity. A corporation files under Tenn. Code 48-14-101 and a domestic or foreign LLC under Tenn. Code 48-249-106; a limited partnership files the same way.
- 3
A sole proprietor or general partnership does not file an assumed name with the State of Tennessee. Any name requirement for them is at the county level, and often there is none, so check with the county clerk.
- 4
The filing fee for a Tennessee assumed name application is $20, and the same $20 applies to a change, cancellation, or renewal (Tenn. Code 48-11-303).
- 5
Tennessee does not require newspaper publication of an assumed name. Title 48 has no publication step, so once the application is filed with the Secretary of State there is nothing to publish.
- 6
The right to use a Tennessee assumed name is effective for five years from the date of filing, and you renew it within the two months before it expires for another five years (Tenn. Code 48-14-101(d)(4) and (d)(5)).
- 7
A DBA does not give you ownership of or an exclusive right to the name, and it does not limit liability. For exclusive name rights you seek a trademark, and for liability protection you form an LLC or corporation.
Key decisions before you file
Before you file a DBA (Doing Business As) in Tennessee, 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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Tennessee Requirements for DBA (Doing Business As)
File With the Secretary of State
In Tennessee an assumed name is filed with the Secretary of State, not a county, and only by a registered entity. A corporation files under Tenn. Code 48-14-101 and a domestic or foreign LLC under Tenn. Code 48-249-106.
Who Must File
A corporation, LLC, or limited partnership files the assumed name with the state. A sole proprietor or general partnership does not file an assumed name with Tennessee; any requirement for them is at the county level and is often none, so check the county clerk.
Twenty Dollar Filing Fee
The filing fee for a Tennessee assumed name application is 20 dollars, and the same 20 dollars applies to a change, cancellation, or renewal of the assumed name (Tenn. Code 48-11-303).
The Assumed Name
The exact assumed name to register. It cannot imply that the registrant is a different type of entity than it is, and it must be distinguishable on the records of the Secretary of State.
Registrant Legal Name and Type
The true legal name of the entity, its type, and its jurisdiction of formation. The application also states the intent to transact business in Tennessee under the assumed name.
No Newspaper Publication
Tennessee does not require newspaper publication of an assumed name. Title 48 has no publication step, so once the application is filed with the Secretary of State there is nothing to publish.
Five-Year Term and Renewal
The right to use the assumed name is effective for five years from the date of filing with the Secretary of State (Tenn. Code 48-14-101 and 48-249-106). Renew within the two months before it expires for another five-year period.
No Entity, No Trademark, No Liability Shield
A Tennessee assumed 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 liability of the business or its owners.