Editorial · October 25, 2022
DBA Registration: How to Operate Under a Trade Name
DBA registration is the filing that lets a business use a name other than its legal name. DBA stands for "doing business as." It is also called a fictitious name, an assumed name or a trade name. If you sell under a name that is not the one on your formation papers, or your own name, many states want it on public record.
The short answer. You usually need a DBA filing when the name on your sign, invoices and website differs from your legal name. You file with a state office, a county office or both, depending on where you work and how your business is set up. It is a notice filing. It tells the public who is behind the name.
When you need one
Your legal name depends on your structure. An LLC's legal name is the one on its Articles of Organization. A corporation's is the one on its Articles of Incorporation. A sole proprietor's legal name is simply the owner's own name, because there are no formation papers.
FindLaw sets out three common cases. An LLC that wants to trade under a different name registers a DBA. A corporation does the same. A sole proprietor registers a DBA to trade under anything other than a personal name. Doing business under an unregistered name can bring legal penalties, so check before you print the cards.
Owners also pick a DBA to add a new line of work. A gift basket company that starts selling luggage may not want one brand for both. It can form a second company or register a DBA for the new line.
Sources: FindLaw, "DBA Registration," as archived on August 7, 2022.
Where to file
There is no single national DBA office. FindLaw says owners can typically register at the state level or the county level, with either the Secretary of State or the county clerk. The right office depends on your state and, often, your business type.
Texas shows how the split can work. The Texas Secretary of State's Form 503 says a corporation, LLC, limited partnership or similar entity that does business under another name files an assumed name certificate with the Secretary of State. The same form notes that these entities do not also file with the county clerk.
California works at the county level. In Los Angeles County, the Registrar-Recorder/County Clerk takes the Fictitious Business Name Statement. Other states use their own offices. Search for your state's name plus "fictitious name" or "assumed name" to find yours.
Sources: FindLaw, "DBA Registration" (archived August 7, 2022); Texas Secretary of State, Form 503 General Information (archived September 6, 2022); Los Angeles County Registrar-Recorder/County Clerk, Fictitious Business Names filing requirements and publication pages (archived October 5, 2022).
The usual steps
The process is similar in most places. FindLaw lists four steps:
- Search the state or county database to see if the name is already in use.
- File a fictitious business name statement.
- Pay the filing fee, which varies by state or county.
- Publish a notice in a local paper, if your area requires it.
Publication is the step that surprises people. Its purpose is to put the public on notice of your assumed name. In Los Angeles County, the filed statement must run once a week for four weeks in a newspaper approved for that purpose. Publication must begin within 30 days after filing. That county also requires a notarized affidavit of identity with every statement. Other places have no newspaper step at all, so read your local rules first.
Sources: FindLaw, "DBA Registration" (archived August 7, 2022); Los Angeles County Registrar-Recorder/County Clerk, Fictitious Business Names filing requirements and publication pages (archived October 5, 2022).
What it costs and how long it lasts
Fees differ by place. In Texas, the Secretary of State charges $25 for an assumed name certificate, according to the Form 503 instructions. County fees elsewhere are set locally, and newspaper notices cost extra.
A filing does not last forever. A Texas certificate stays effective for up to ten years and can be renewed by filing a new one within six months before it expires. If key details change, such as the name or form of business, Texas asks for a new certificate within 60 days. FindLaw says five years is common elsewhere, so put the renewal date in your calendar when you file.
Sources: Texas Secretary of State, Form 503 General Information and filing instructions (archived September 6, 2022).
What a DBA does not do
A DBA is not a new company. It does not create a separate legal entity and does not shield your personal assets. Your LLC or corporation keeps whatever protection it already had, and a sole proprietor stays personally responsible.
It is also not a trademark. Texas puts this in plain terms: filing an assumed name does not give the registrant any right to use the name where that would conflict with unfair competition law. The state office does not check whether another business already uses a similar name. A clear search before you file saves trouble later.
What a DBA does give you is practical. FindLaw notes that some banks ask for a DBA certificate before they open an account in an assumed name. It also notes that if you sign a contract under an unregistered assumed name, enforcing your rights might be hard. Filing first avoids both problems.
Sources: Texas Secretary of State, Form 503 General Information (archived September 6, 2022); FindLaw, "DBA Registration" (archived August 7, 2022).
A simple checklist
Before you file, write down your legal name and the name you want to use. Find your state or county filing office. Run the name search. Ask what the fee, the renewal term and any publication rule are. File, keep the stamped copy, and show it to your bank. If you are unsure which rules apply to your structure, a local attorney or a small business development center can answer in one visit.
Sources: FindLaw, "DBA Registration" (archived August 7, 2022).