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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

  1. 1

    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.

  2. 2

    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.

  3. 3

    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.

  4. 4

    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.

  5. 5

    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.

  6. 6

    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.

  7. 7

    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)

  • Register With the Secretary of State

    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.

  • Form and Fee by Filer Type

    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 Trade Name Being Registered

    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.

  • Registrant and True Names

    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.

  • Principal Office and Business

    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.

  • No Newspaper Publication

    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.

  • No Fixed Expiration

    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.

  • No Entity, No Trademark, No Liability Shield

    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