How to File a DBA in West Virginia
In West Virginia a DBA is a trade name registered statewide with the Secretary of State. No newspaper publication is required. Attorney review available.
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Introduction
West Virginia files a DBA, which it calls a trade name, with the Secretary of State, and a sole proprietor pays no filing fee for it; a trade name lets you use a business name different from your legal name and creates no separate legal entity. You register statewide with the West Virginia Secretary of State, not with a county. An individual, sole proprietor, or general partnership that conducts business under an assumed name files a certificate setting forth the assumed name and the true full name and address of each owner (W.Va. Code 47-8-2), while a corporation, LLC, limited partnership, or other registered entity files an application for a trade name and the Secretary of State grants a certificate of trade name (W.Va. Code 47-8-4). The forms and fees follow the filer type: an individual, sole proprietor, or general partnership uses Form TN-1 and pays no filing fee, and a corporation, LLC, or other registered entity uses Form NR-3 and pays a $25 fee. You can file online through the West Virginia One Stop Business Portal or on paper with the Secretary of State Business Division. Registering 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. West Virginia requires no newspaper publication of a trade name. West Virginia Code Article 8 sets no expiration date and no periodic renewal for a trade name registration, so it stays in effect until the registrant withdraws it. DocDraft builds your West Virginia trade name registration from your facts, with attorney review available before you file.
Key Things to Know
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In West Virginia a trade name (DBA) is filed with the Secretary of State, and it is free for an individual or sole proprietor. It lets you use a business name different from your legal name and creates no separate legal entity.
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You register statewide with the West Virginia Secretary of State, not with a county. An individual, sole proprietor, or general partnership files under W.Va. Code 47-8-2 and a corporation, LLC, or other entity files under W.Va. Code 47-8-4.
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The form and fee follow the filer type. An individual, sole proprietor, or general partnership uses Form TN-1 and pays no filing fee; a corporation, LLC, or other registered entity uses Form NR-3 and pays a $25 fee.
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You can file online through the West Virginia One Stop Business Portal or on paper with the Secretary of State Business Division. An individual filing sets forth the assumed name and the true full name and address of each owner.
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West Virginia requires no newspaper publication of a trade name. There is no publish-and-file-proof step after the Secretary of State accepts the registration.
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West Virginia Code Article 8 sets no expiration date and no periodic renewal for a trade name registration. It stays in effect until the registrant withdraws it.
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A DBA does not give you an exclusive right to the name and does not limit your liability. A sole proprietor with a trade name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in West 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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West Virginia Requirements for DBA (Doing Business As)
In West Virginia a DBA is a trade name registered statewide with the West Virginia Secretary of State, not with a county. Individuals and partnerships file under W.Va. Code 47-8-2 and entities file under W.Va. Code 47-8-4.
The form and fee follow the filer. An individual, sole proprietor, or general partnership uses Form TN-1 with no filing fee. A corporation, LLC, or other registered entity uses Form NR-3 and pays a 25 dollar fee to the Secretary of State.
The exact trade name to register. It must be distinguishable from other names on file and must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity.
The full legal name and address of the registrant and the filer type. An individual or general partnership filing sets forth the true full name and address of each owner, and for a partnership every partner is listed.
The street address and county of the principal office or place of business, and for an entity the state of organization. File online through the West Virginia One Stop Business Portal or on paper with the Business Division.
West Virginia requires no newspaper publication of a trade name. There is no publish step and no proof-of-publication filing once the Secretary of State accepts the registration.
West Virginia Code Article 8 sets no expiration date and no periodic renewal for a trade name registration. It stays in effect until the registrant files an update or withdrawal with the Secretary of State.
A West 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 West Virginia a DBA is a trade name, a public filing that lets a person or company do business under a name different from the owner's legal name. You register it with the West Virginia Secretary of State (W.Va. Code 47-8-2 for individuals and partnerships, W.Va. Code 47-8-4 for corporations and LLCs). It connects the name to you on the public record. It does not create a separate legal entity, give an exclusive right to the name, or limit your liability.
In West Virginia a DBA (a trade name) is only a name registration you file with the Secretary of State; it creates no new entity and gives no liability protection. A West Virginia LLC is a separate legal entity you form by filing Articles of Organization with the Secretary of State, and it shields the owners' personal assets. You can have both, since an existing LLC can register a trade name to run a brand under another name. Choose based on whether you need liability protection or just a name.
You register statewide with the West Virginia Secretary of State, not with a county, online through the West Virginia One Stop Business Portal or on paper with the Business Division. The cost depends on the filer. An individual, sole proprietor, or general partnership files Form TN-1 with no filing fee (W.Va. Code 47-8-2). A corporation, LLC, or other registered entity files Form NR-3 and pays a $25 fee (W.Va. Code 47-8-4).
It depends on who is filing in West Virginia. An individual, sole proprietor, or general partnership uses Form TN-1, the trade name registration for individuals and partnerships, and pays no filing fee. A corporation, LLC, limited partnership, limited liability partnership, business trust, or voluntary association uses Form NR-3, the application for a trade name, and pays a $25 fee. Both are filed with the Secretary of State, so pick the form that matches your business structure.
No. West Virginia does not require you to publish a trade name in a newspaper. West Virginia Code Article 8 sets no publication step and no proof-of-publication filing, so once the Secretary of State accepts your registration there is nothing further to publish. This is different from states that require a notice to run for several weeks after filing.
West Virginia Code Article 8 sets no expiration date and no periodic renewal for a trade name registration, so a West Virginia trade name generally stays in effect until you withdraw it. There is no five-year or ten-year renewal cycle to track. You would file an update or withdrawal with the Secretary of State if the owner, the address, or the name changes, or if you stop using the name.
You generally register in West Virginia when you regularly do business under a name that is different from the owner's legal name or a company's registered name. An individual, sole proprietor, or general partnership operating under an assumed name files under W.Va. Code 47-8-2, and a corporation, LLC, or other entity that wants to use a name other than its registered name files under W.Va. Code 47-8-4. Filing puts the true owners on the public record.
No. A West Virginia trade name registration 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 a trade 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.