How to File a DBA in Virginia
In Virginia a DBA is a Certificate of Assumed or Fictitious Name filed statewide with the State Corporation Commission for a $10 fee, with no newspaper publication. Attorney review available.
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Introduction
In Virginia, a DBA is registered as an assumed or fictitious name, the public filing that lets a person or business use a name different from its legal name. Virginia files these statewide, not by county: you file a Certificate of Assumed or Fictitious Name with the office of the clerk of the State Corporation Commission (SCC), the office that now handles these filings after they were moved from the circuit court clerks (Va. Code 59.1-69). This applies to individuals and to entities such as partnerships, LLCs, and corporations that do business under a name other than their legal name. The clerk of the Commission charges a fee of $10 to file the certificate (Va. Code 59.1-70). 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. Unlike some states, Virginia does not require you to publish the name in a newspaper, so there is no publication notice or affidavit step. A Virginia certificate also does not expire and needs no periodic renewal; when you stop using the name you file a Certificate of Release of Assumed or Fictitious Name with the SCC (Va. Code 59.1-70.1). DocDraft builds your Virginia assumed name certificate from your facts, with attorney review available before you file.
Key Things to Know
- 1
In Virginia a DBA is called an assumed or fictitious name. It is a public registration that lets you use a business name different from your legal name; it creates no separate legal entity.
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You file a Certificate of Assumed or Fictitious Name with the office of the clerk of the State Corporation Commission (SCC), statewide, not with a county (Va. Code 59.1-69). Filing moved to the SCC from the circuit court clerks as of 2020.
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The clerk of the Commission charges a flat fee of $10 to file the certificate (Va. Code 59.1-70). Both individuals and entities such as partnerships, LLCs, and corporations use the same statewide filing.
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Virginia does not require newspaper publication of an assumed name. There is no publication notice and no affidavit of publication to file after you register.
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A Virginia assumed name certificate does not expire and needs no periodic renewal. When you stop using the name you file a Certificate of Release of Assumed or Fictitious Name with the SCC (Va. Code 59.1-70.1), also a $10 fee.
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A DBA does not give you any 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.
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You must file in Virginia when you regularly do business under any assumed or fictitious name that is different from your legal name, whether you are an individual or a registered entity.
Key decisions before you file
Before you file a DBA (Doing Business As) in Virginia, 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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Virginia Requirements for DBA (Doing Business As)
In Virginia a DBA is a Certificate of Assumed or Fictitious Name filed statewide with the office of the clerk of the State Corporation Commission, not with a county (Va. Code 59.1-69). Filing moved to the SCC from the circuit court clerks as of 2020.
The clerk of the Commission charges a flat fee of 10 dollars to file the certificate (Va. Code 59.1-70). Virginia uses one statewide filing, so there is no separate county form or county fee, and you can file online or by mail.
The exact assumed name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the person filing is that type of entity, and a filing is required whenever the name is different from the legal name.
The full legal name and type of the person filing, any Virginia SCC identification number for a registered entity, and the name and address of each additional owner. For a general partnership, each partner is identified.
The Virginia address where business is conducted under the assumed name, including the city or county. Because the filing is statewide, this address does not change where you file, but it is stated on the certificate.
Virginia does not require the assumed name to be published in a newspaper. There is no publication notice and no affidavit of publication to file after the certificate is accepted by the clerk of the Commission.
A Virginia assumed name certificate does not expire and needs no periodic renewal. When you stop using the name you file a Certificate of Release of Assumed or Fictitious Name with the SCC (Va. Code 59.1-70.1), which also carries a 10 dollar fee.
A Virginia 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.
Frequently Asked Questions
In Virginia a DBA is an assumed or fictitious name, a public filing that lets a person or company do business under a name different from its legal name. You register it by filing a Certificate of Assumed or Fictitious Name with the office of the clerk of the State Corporation Commission (Va. Code 59.1-69). It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In Virginia a DBA (assumed or fictitious name) is only a name registration you file with the State Corporation Commission; it creates no new entity and gives no liability protection. A Virginia LLC is a separate legal entity you form by filing Articles of Organization with the same Commission, and it shields the owners' personal assets. You can have both, since an existing LLC can file an assumed name to run a brand under another name. Choose based on whether you need liability protection or just a name.
You file a Certificate of Assumed or Fictitious Name with the office of the clerk of the State Corporation Commission (SCC), statewide, not with a county clerk (Va. Code 59.1-69). Filing moved to the SCC from the circuit court clerks as of 2020. The clerk of the Commission charges a flat fee of $10 to file the certificate (Va. Code 59.1-70). You can file with the SCC online or by mail.
No. Virginia does not require you to publish an assumed or fictitious name in a newspaper. There is no publication notice and no affidavit of publication to file after you register with the State Corporation Commission. You complete the filing when the Certificate of Assumed or Fictitious Name is accepted by the clerk of the Commission, which is different from states that require a four-week newspaper notice.
A Virginia assumed or fictitious name certificate does not expire and needs no periodic renewal, so there is no set term to track. It stays on the public record until you end it. When you stop using the name or change your information, you file a Certificate of Release of Assumed or Fictitious Name with the State Corporation Commission (Va. Code 59.1-70.1), which also carries a $10 fee. Keep the certificate current if your business details change.
You generally need to file in Virginia when you regularly conduct business under any assumed or fictitious name that is different from your legal name, whether you are an individual, a partnership, an LLC, or a corporation (Va. Code 59.1-69). Filing matters because Virginia law can limit your right to bring a lawsuit on a contract made under an unfiled assumed name until you file the certificate. When in doubt, file before you begin using the name.
No. A Virginia Certificate of Assumed or Fictitious Name is a public record connecting a name to the person using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor filing an assumed name remains personally liable for the business. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.
Yes. In Virginia the same Certificate of Assumed or Fictitious Name is used by individuals and by registered entities such as partnerships, LLCs, and corporations that do business under a name other than their legal name (Va. Code 59.1-69). An entity files the statewide certificate with the State Corporation Commission for the same $10 fee. This lets a company run a separate brand or storefront name while keeping its registered legal name.