When starting a business, there are some critical decisions that you need to make. Some of them include selecting an ideal location and choosing a business structure and name for your entity. Next up, you may need to register your entity with the state.
Most states, however, don’t require you to register some business structures, for example, sole proprietorships. In most cases, you’ll only need to file for a DBA.
Key Points and Facts About DBA Registration
- It’s just a name. A DBA doesn’t create a new legal entity and doesn’t change your liability protection or tax status — it’s only a name your business is authorized to operate under.
- Rules vary by state and county. Filing requirements, fees, and renewal periods differ from state to state and often from county to county.
- Seven states require publication. California, Florida, Georgia, Illinois, Minnesota, Nebraska, and Pennsylvania require you to publish your new DBA in a local newspaper.
- Filing late has real consequences. In New York, for example, a sole proprietorship or general partnership that hasn’t filed a required Business Certificate can be barred from suing in New York courts over a contract made under that name.
- Fees are modest. DBA filing fees typically run $10 to $100, though a few jurisdictions charge more.
How to Register a DBA
The term DBA is short for “doing business as.” It is also referred to as a fictitious name, trade name, or assumed name and can mean different things depending on the business structure.
A DBA is a name you file when you want to conduct business operations with a name that isn’t the owners’ names or surnames. This definition is suitable for a sole proprietorship or general partnership since you don’t need to register these two entities.
A DBA can also be the name you file when you want to conduct business operations with a name different from that registered with your state. This definition represents an LLC and limited partnership since you should register these two entities.
Let’s discuss how to register a DBA as we answer any other questions you may have about using a DBA for your business.
The Steps to Register a DBA
You can register a DBA through your local or county clerk’s office or your Secretary of State. The registration process will require you to fill in some paperwork and pay the filing fees, which may vary depending on the state.
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Here are the steps to register a DBA:
1. Conduct a Name Check
Before you file for a DBA, you need to ensure the name you want is not already in use with another business in your state. The DBA name needs to be available for use.
Take a couple of minutes to conduct a name search online on search engines and social media. You should also do a name check on your state’s Secretary of State website. Most states offer a name check tool that you can use to check if a business name is available or not. Alternatively, you can search your county clerk’s database or send a search request to their office.
If the name you want is not available, you’ll need to find another one. Most states won’t allow you to register a DBA already in use with another entity.
2. Fill In Required Paperwork
Once you determine that the name is available, head to your Secretary of State website or local county clerk office to file for a DBA. You’ll need to fill in a few forms, which may vary with your state. In some states, you may have to file with different agencies depending on your business structure.
In New York, for instance, sole proprietorships and general partnerships file with the county clerk’s office, while LLCs, corporations, and limited partnerships file a Certificate of Assumed Name with the New York Department of State.
Some states may allow you to fill in and submit your paperwork online. In others, you may have to file the documents physically at the county clerk or Secretary of State office.
Here is the information you’ll need to complete in the paperwork:
- Original business name
- The DBA name
- Business address
- Names and addresses of the business’s legal owners
- Type of business
- Signature of one of the owners or officers in the entity
Some states may require you to complete and submit the paperwork within a specific timeframe from when you started your business. For example, in California, you need to submit the paperwork within 40 days of starting the entity.
3. Publish the New Name
Some states may require you to publish a DBA statement with your local newspaper. The intention is to inform the public that you have registered a DBA.
The requirements for publishing your DBA statement vary by state. In California, you need to publish your statement within 45 days after filing the required paperwork, and the notice must run once a week for four consecutive weeks.
Here are the states that currently require a DBA publication:
- California
- Florida
- Georgia
- Illinois
- Minnesota
- Nebraska
- Pennsylvania
4. Pay Filing Fees
Once you present your DBA registration paperwork, you’ll need to pay the necessary filing fees. DBA filing fees vary from one state to another. It can also vary between counties in one state.
DBA filing fees generally range from $10 to $100, though a handful of jurisdictions charge more. Most states fall in the $20 to $50 range.
For example, in Los Angeles (California), the filing fee is $26 for the first DBA name and $5 for other additional DBA names. The filing fee in Placer County, still in California, is $30 for the first DBA filing and $5.50 for other additional DBA names.
The Advantages of Using a DBA
Here are the key advantages of using a DBA.
Business Rebranding
Although not the best reason for filing a DBA, getting one can help you rebrand your business. If your existing business suffers bad publicity that affects your growth, you don’t necessarily have to register a new entity and try again. You can file for a DBA and use a different brand name to conduct business.
Opening a Business Bank Account
When opening a business bank account for a sole proprietorship or a general partnership, the bank may request DBA registration documents. These documents will serve as proof of business name and entity existence. They will help increase the bank’s confidence in opening your business bank account.
Most states don’t require a sole proprietorship and general partnership to register. The owners should file for a DBA if they use a trade or fictitious name. Since there is no business formation certificate, DBA registration will help show the bank that your sole proprietorship or general partnership is genuine.
Improved Scaling Capabilities
Filing a DBA allows you to expand into new locations and new lines of business with a different name. You don’t have to create a new business every time you want to sell something new.
For example, say you own a restaurant called Spoons, Chops & Hops. You can open a coffee and refreshments café and name it The Coffee Lounge. “Spoons, Chops & Hops” may not be the best name for a coffee shop. Filing a DBA gives you the flexibility to name each part of your business the way that fits it best.
Easy to File
The process of applying for a DBA is simple. It doesn’t involve a lot of paperwork. The filing fees are not high either. And unlike some business structures, you don’t have to meet specific requirements and obligations to get a DBA.
You just need to choose the right business name and then file a DBA with your state’s Secretary of State or county clerk’s office. Registering a DBA allows you to easily comply with the laws of running a business in your state.
The Disadvantage of Using a DBA
Let’s look at a few disadvantages of using a DBA.
No Personal Liability Protection
A DBA simply allows you to conduct operations under a trade business name. It doesn’t provide any personal liability protection. If you want personal protection from liability, you should register as an LLC or limited partnership. You can then file a DBA when expanding your business to new locations or products and services.
No Name Protection
Filing a DBA doesn’t grant you exclusive rights to use the business name. It simply allows you to do business under that name. Some states may prevent other entities from registering with your name within the state. But outside it, entities can register with your DBA name. If you want to protect your business name, it’s better to trademark it with the USPTO (the United States Patent and Trademark Office).
Can Get Time-consuming
Some states may require you to file a DBA in each county where you conduct business. In this case, the DBA filing process may become expensive and time-consuming if you have operations in many states. Having to repeat the registration process is burdensome even when registering online. You’ll also need to renew your DBA periodically — the renewal window depends on your state, as covered in the FAQ section below — which means going through the filing process again in every county where you operate.
Checklist for Registering a DBA
- Check name availability
- Search your state’s Secretary of State database, your county clerk’s database, search engines, and social media for conflicts.
- Choose where to file
- County clerk or Secretary of State — this depends on your business structure and state.
- Complete the paperwork
- Have your business name, DBA name, address, owner information, business type, and signature ready.
- Pay the filing fee
- Typically $10–$100 — confirm the exact fee with your county or state.
- Publish your DBA, if required
- Check whether your state is one of the seven that require newspaper publication.
- File proof of publication, if required
- Submit the affidavit of publication within your state’s deadline.
- Mark your renewal date
- Renewal windows range from one year to ten years, or never, depending on the state.
FAQS
Below are some frequently asked questions you can go over for a broader understanding of the topic.
Why Do You Need a DBA?
There are two situations why you would need a DBA. It depends on your business structure.
Sole Proprietorship and General Partnership
As mentioned above, most states don’t require you to register a sole proprietorship or general partnership. You need to apply for a DBA if you plan to use a business name that’s not any owners’ names or surnames.
LLC or Limited Partnerships
If you have already registered your business as an LLC or limited partnership, you need to file for a DBA if you plan to use a different name other than the one registered. For example, let’s assume you register your LLC as John Deck Construction Company. You should file a DBA if you plan to use John & Deck Builders as your trade name.
Does a DBA Expire?
Yes, a DBA can expire, although it depends on the state. Most states require you to renew your DBA after expiry. The timeframe for renewal also depends on the state. The average is, however, five years after DBA filing. Some states, like Texas, don’t require you to renew your DBA until after ten years.
In New York, it depends on how the DBA was filed. A DBA filed with the county clerk (for a sole proprietorship or general partnership) doesn’t expire. A DBA filed with the Department of State for a business entity, such as an LLC or corporation, must be renewed every ten years.
To know your DBA’s expiration date, you can check your DBA paperwork or consult your county clerk or Secretary of State. Some states also give a grace period to renew your DBA once it expires.
If you fail to renew within the required timeframe, your DBA ceases to exist and becomes available for use by another business. In such a case, you will need to file for a new DBA instead of renewing.
How Many DBAs Can You Register Under Your Business?
You can register as many DBAs under your entity as you’d like. There is no limit.
Does Every State Require You to Register a DBA?
No. Twelve states — Alabama, Alaska, Arizona, Delaware, Hawaii, Kansas, Maryland, Mississippi, Nebraska, Ohio, Wisconsin, and Wyoming — have no state-level DBA filing requirement. Even in these states, you may still need to register at the county or city level, so check with your local clerk’s office before assuming no filing is required.
What Are the Restrictions of Using a DBA?
There are a few rules and restrictions to be mindful of when registering a DBA. If you’re filing a DBA for a sole proprietorship or general partnership, your business name can’t imply that you’re a different type of business structure. For example, you can’t use terms like “Inc.,” “Limited,” “Corp,” or “Corporation” unless your business is actually registered as that structure.
What Changes Can Impact Your DBA?
The one factor that can affect your DBA is a name change. If you want to conduct business in a name different from your DBA, you need to change the DBA name.
The guidelines for changing a DBA vary from one state to another. Some states allow you to amend your original DBA name registration form. In others, you’ll need to apply for a new DBA.
The steps to change a DBA are somewhat the same as applying for a new one. You need to:
- Do a name check.
- Fill in and submit the required forms with your state or county.
- Publish a DBA statement (if required).
After changing your DBA, you also should:
- Inform your customers, partners, and suppliers.
- Update your branding materials.
- Notify your bank and change your banking details to reflect the new name.
Is a DBA a Business License?
A business license is a permit that you get from your state or a federal entity to allow you to conduct business. A DBA is simply a name that you register, and that’s different from your registered business name or the owners’ names.
A DBA isn’t a kind of business structure. It offers no legal protection but is simply an operable name for your business.
Conclusion
Filing a DBA enables you to conduct business under a name different from your business registration name or owner’s names and surnames. To register a DBA, you should first do a name check and then file the required paperwork with your Secretary of State or county clerk’s office. You may also need to publish a DBA statement with your local newspaper.
The average timeframe for DBA renewal is five years, but it can run longer or shorter depending on the state. You need to renew your DBA before the expiry date. If you fail to, you’ll have to create a new DBA name. There is no limit to the number of DBAs you can register for your business. There are, however, some restrictions, with one being you can’t use suffix names like Inc. or Corp unless your business is actually organized that way.
References
- Riverside County Assessor-County Clerk-Recorder — Fictitious Business Names
- Placer County, CA — Fictitious Business Name Statements
- Los Angeles County Registrar-Recorder/County Clerk — Fictitious Business Name (FBN) Fees
- Justia — California Business and Professions Code Section 17917
- Santa Clara County Clerk-Recorder — Publishing Information
- Harbor Compliance — Doing Business Under a Fictitious Name
- LegalZoom — Do You Have to Renew a DBA?
- LegalZoom — How to File a DBA in New York
- Swyft Filings — New York Assumed Name (DBA) Registration
- Tailor Brands — How Much Does it Cost to Start a DBA in the United States?
- Bizee — Do DBAs Expire? How to Check and Renew Yours
- Florida Department of State, Division of Corporations — Fictitious Name Registration
- LegalZoom — File a DBA in Nebraska
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