Doing Business As (DBA) FAQs
What is a doing business as (DBA)?
A DBA filing is an official and public registration of a business name with either the state or local jurisdiction. A DBA name is also called an assumed name, trade name or fictitious business name.
Back to TopCan I file a DBA if my company is not incorporated?
Yes. Many sole proprietorships and general partnerships file DBAs. In fact, in order to open a business bank account, most banks will require sole proprietorships or general partnerships to have a DBA. Because the owners of sole proprietorships and general partnerships are legally considered the same as the business, without a DBA you must transact business using your personal name.
Back to TopWhen does a corporation or limited liability company (LLC) file a DBA?
File a DBA registration if your company intends to do business under a name other than the legal name that appears on the corporation’s or LLC’s state-approved incorporation documents or foreign qualification documents (if registered to transact business in a state other than the state of incorporation). The corporation or LLC must file the DBA with the appropriate state and/or county agency in the state in which the company is formed or foreign qualified.
Back to TopWhy should I file a DBA?
The reasons for filing a DBA often vary by your business type. Common reasons include:
- To transact business under a name other than your personal name (sole proprietorships and general partnerships)
- To open a business bank account (sole proprietorships and general partnerships)
- To transact business under a name that is different from your company name in your state-approved incorporation or foreign qualification documents (corporations, LLCs, limited partnerships, limited liability partnerships)
- To transact business under a different name in addition to your official company name, for example, under your domain name or the name of a specific product or service (corporations, LLCs, LPs, LLPs)
The DBA filing also becomes part of the public record, giving other businesses official notice that this name is in use in the state and/or county where the DBA was filed.
Back to TopAre DBA filings mandatory?
An individual or company will be required, in most jurisdictions, to file a DBA if they choose to transact business under a name other than the owner's personal name(s), for sole proprietorships and general partnerships, or the name used on the company’s incorporation documents. Most banks will also require sole proprietorships and general partnerships to have a DBA in order to open a business bank account. The DBA should be filed before you begin transacting business with that business name.
Back to TopWhere should I file my DBA?
DBAs are typically filed in the state and/or county where the principal business address or street address of the business is located. If you are incorporated in a state other than the state where your business is located, you typically need to file the DBA in your state of incorporation. In some cases, you must file the DBA in other local jurisdictions, such as with the city or town clerk.
Back to TopWhat steps are involved in filing a DBA?
Filing a DBA involves the following steps:
- Undertaking a preliminary name check with the appropriate state and/or county agency (if applicable)
- Preparation and filing of the DBA document(s)
- Payment of DBA filing fees to the state and/or county agency
- Publication of DBA filing with local newspapers (if applicable)
- Re-file publication with state and/or county agencies (if applicable)
With BizFilings' DBA Filing Service, we undertake the necessary steps on your behalf.
Back to TopWhat words are prohibited in a DBA or fictitious business name?
There are some restrictions: you cannot use words that may mislead the general public into believing the company is something other than what is being portrayed by the DBA name. For example, you may not use corporate name endings such as Inc., Incorporated or Corp. if the company is not officially formed as a corporation. Also, you may not use Limited Liability Company or LLC if the company is not officially formed as an LLC.
Back to TopHow long does it take to complete the DBA Filing Service?
The typical completion time for our DBA Filing Service is 4 to 6 weeks.
Back to TopCan I expedite a DBA filing?
To get your DBA filing sooner, add expedited processing to your DBA Filing Service order. We will send you the necessary document(s) for signature via FedEx 2Day delivery and ship your approved DBA document(s) via FedEx 2Day delivery both to the state and/or county and to you after receiving them from the appropriate office. Typical completion time for an expedited DBA Filing Service order is 2 to 4 weeks. Please note, BizFilings cannot guarantee this timeframe, as processing procedures vary greatly by state and/or county.
Back to TopHow many DBA names can I register?
There are no state and/or county restrictions as to the number of DBA names you may file.
Back to TopCan someone else use my DBA name?
Registering a DBA typically does not reserve the name against future use by another party. In most cases, registration of a DBA or fictitious business name is for public notice only and should not be presumed that the registrant’s rights to own or use the name are protected. In order to protect your business name, you should consider registering a trademark.
Back to TopDo DBA filings expire?
DBA filings can be valid for any number of years and may or may not expire. Each state and/or county establishes its own expiration requirements for DBA filings. If your filing expires, the appropriate agency will notify you at the address you have on record and you will need to re-file the DBA name. Maintaining a current DBA business address with the appropriate agency is very important.
Back to TopWhat are the publication requirements for DBA filings?
Some states require publication of the DBA filing in a specific newspaper for a specific time frame. Requirements vary by the state and/or county in which the DBA is filed. In some cases, upon satisfaction of the publication requirement, you will need to file your proof of publication with the appropriate agency. BizFilings' DBA Filing Service includes the completion of the necessary publication requirement(s) associated with your DBA name.
Back to TopHow do I get started with the filing process?
DBA filings may be needed in the state, county, or in some cases, possibly the city where you are planning to use the name. There are also naming issues and publication requirements that are specific to each government jurisdiction. BizFilings' DBA Filing Service satisfies all of these requirements. By placing your order with BizFilings, we undertake the entire process for you.
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