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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. 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.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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)

  • File Statewide With the SCC

    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.

  • Flat Statewide Filing Fee

    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 Assumed or Fictitious Name

    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.

  • Person Filing and Owners

    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.

  • Principal Place of Business

    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.

  • No Newspaper Publication

    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.

  • No Expiration, Release to End

    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.

  • No Entity, No Trademark, No Liability Shield

    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