Does Your Business Need a DBA?
Have you ever wondered about the meaning behind those seemingly endless listings of ‘Fictitious Business Name’ entries in the newspaper classifieds? Do you know if your business needs to file one? Read on to learn all about the DBA or Fictitious Business name.
Fictitious Business Name: An Overview
Sometimes called a Fictitious Business Name, Doing Business As (DBA), assumed business name, or trade name, these filings let the public know the true owner of a business. Note that I’ll be using DBA and Fictitious Business Name interchangeably throughout this article.
The DBA or Fictitious Business Name designation was created as a form of consumer protection, to prevent unscrupulous business owners from operating under a different name to avoid legal trouble. When a business files a DBA, it’s typically printed in the local newspaper, so the community can see who is behind the business.
Who needs to file a DBA?
There are two circumstances when your business needs to file a DBA registration:
1: If you are a sole proprietor or general partnership conducting business using a name that’s different from your own name. For example, if Jane Doe wants to open a bookstore called Books for Cooks, she would need to file a DBA. In some places, you’re able to use your name plus a description of your product/service without filing a DBA. For example, if Jane Doe wanted to open a bookstore called Jane Doe’s Cookbooks, she may not have to file a DBA. If your business name implies a group (i.e. The Doe Group) or you just use your first name (i.e. Jane’s Cookbooks), you’ll have to file a DBA.
2: If you have incorporated or formed a limited liability company (LLC) and are operating the business under a name that is different from the name of the company or LLC. For example, let’s say that Jane Doe Cookbooks, LLC also wants to operate under the name JanesCookbooks.com, the LLC would need to file for a DBA for JanesCookbooks.com. Likewise, if Jane Doe wanted to expand into cooking supplies, then Jane Doe Cookbooks, LLC would need to file a DBA to do business as Jane Doe Cooking Supplies.
The benefits of a DBA
The main benefit of filing a DBA registration is it will keep you in compliance with the law. For sole proprietors, a DBA lets them use a typical business name without creating a formal legal entity (i.e. corporation or LLC). This is typically the least expensive way to legally conduct business under a different business name.
Filing a DBA gives the sole proprietor the freedom to use a business name what helps market their products or services, as well as create a separate professional business identity. However, be advised that a DBA doesn’t protect your business name from being used by others. For that, you will need to seek trademark protection.
For sole proprietors, filing a DBA is required to open a bank account and receive payment in the name of your business. Most banks will not allow you to open an account without receiving a copy of your filed DBA (for this reason, it’s best to file your DBA from the start!).
For an LLC or corporation, a DBA lets the company operate multiple businesses without having to create separate legal entities for each business. For example, if you plan on opening a series of websites, boutique shops, or restaurants, you might want to set up one corporation with a relatively generic name and then file a DBA for each website, shop, or restaurant. This will help you control costs and paperwork, while still expanding your business.
How to File a DBA
Specific requirements for filing a DBA vary from state to state, county to county. In some states, you register your DBA with the State Secretary of State or other state agency. In some states, registration is handled at the county level and each county may have different forms and fees for the process.
The Small Business Administration (SBA) offers a chart outlining the different requirements for fictitious name filings state by state. Some states also require that you publish a notice in your local newspaper and then submit proof that you have fulfilled the publication requirement. Of course, specific publication requirements vary. Turning to a professional legal document filing service can take the complexity out of the process and make sure that you’re following your county and state requirements to a T.
Deadline to File
DBAs should be filed before any business is conducted using the fictitious business name. Some jurisdictions will allow you to file within a short time period of first using the name. However, since a DBA is usually a prerequisite to opening a bank account for the business or using the name in contracts, it is best to get it done upfront. It’s an affordable process and will keep your business in good legal standing from the start.
Fictitious Concept Photo via Shutterstock
About Nellie Akalp
Nellie Akalp is CEO of CorpNet, her second incorporation filing service based on her strong passion to assist small business owners and entrepreneurs in starting their business. Free guides, advice and videos on small business legal topics are available at her Small Biz Corner. 
So basically, this rule is to protect consumers from being deceived and you just need to file if the name of the legal entity is different from the name consumers see?
Hi Robert – Filing a DBA gives the sole proprietor the freedom to use a business name what helps market their products or services, as well as create a separate professional business identity. However, be advised that a DBA doesn’t protect your business name from being used by others. For that, you will need to seek trademark protection.
Also, if you are going to conduct business under a name different than your name and accept payments under that name, the bank will require you to file a DBA as well…make sense? Please reach out with any other questions – Nellie
[...] talk business for a second. Do you need to file a DBA? It’s a dry but incredibly useful article. Eventually, I need to get around to filing for [...]
In my opinion, especially in this day and age, a DBA is NOTHING more than a way to extract money form a business. No rights are protected or otherwise of value and the licensing entity sells your name out to panderers that smother you with sales pitches. I have been in business for over thirty years and can speak from knowledge and experience. The IRS and state taxing authority know who you are and its not anyone else’ business. There is NO reason a bank needs to know – who goes to the bank when your check fails – isn’t that shutting the barn after the cows ran away? More bureaucracy!
If I have two home offices in different counties (Orange and LA county), do I need to file a DBA in both counties?
[...] If you really want to set up a DBA, you can find out more here: DBA Why and How [...]
i have a question, i filled for a fictitious name for my business and its $99 leak detection LLC do i still have to file for a D.B.A?
Hi Gary – If you are going to be conducting business under any other name other than the name of the LLC, then one must file a DBA under the LLC for each variation of the business name EX. If your Business name is ABC, LLC and you would like to simply use the name ABC without the LLC designation, then you must file a DBA for the name “ABC” under the LLC without the LLC designation …
Hi Nellie, I’ve owned a clothing brand for just over 9 years (It’s an LLC). More and more often I’m asked by friends or people that we do business with to screenprint shirts/garments for them. My business partner and I have talked about it and we want to be able to offer that service, but under a different name than our clothing brand (so as not to create confusion as to what we do… we don’t want people asking ‘are you guys a clothing brand or a screen printer?’) We’re currently wondering whether or not we should file for a completely separate business license (probably a new LLC) for the new screenprinting business, or if we should run it as a DBA under our existing clothing brand. We’ve weighed out the pros/cons and although it seems simpler to us to separate the two, our banker, bookkeeper, and accountant have all suggested that filing it as a DBA would make more sense and not over-complicate things (even though that sounds more confusing to us). Our thought right now is to start it up as a DBA and if it’s grown into a large part of the business within a year or two to separate it into it’s own entity, but I’d love your advice! Secondly, if we are to file the screenprinting company as a DBA, does it make more sense to open a separate checking account for it, or should we use our existing LLC’s checking account and separate everything out when doing our bookkeeping? Any advice you could give me would be MUCH appreciated. Thanks!
Greg:
Thanks for reaching my post. Your accountant/bookkeeper is right on the money with the advice they are giving you and you should proceed as they recommend: Consider having the LLC file a DBA for the screen printing business. Re: the set up of the bank account: You have 2 options here since the main entity is the LLC…you can either use the existing account or set up a new account under the LLC/DBA to keep things separate…I can def assist you with filing the DBA under the LLC if you would like to reach out to us and have us handle the filing for you. let me know Nakalp@corpnet.com.
Thanks very much for your help! I just filed for the DBA and we’re moving forward with your suggestion. As far as the bank account goes, I suppose it’s just a preference, but I’d still love outside input. Do you see one option’s benefits outweighing the other’s? We’re leaning towards opening a separate account for our DBA, but I’d love to hear your advice if you have any. Thanks again for your help!
Hi Greg – In answer to your question below, I would suggest you go with what your banker, bookkeeper, and accountant have all suggested that filing it as a DBA would make more sense and not over-complicate things. Also, I like your idea of to start it up as a DBA and if it’s grown into a large part of the business within a year or two to separate it into its own entity!
If you were to file the screen-printing company as a separate DBA not under the LLC, then you would have to open up a separate checking account. Reach out to me to info@corpnet.com with any ther questions.
Hello, im in the process of starting my own taxi company i have filed for an LLC but do i really need to file for a DBA since the name of the company will be the same name displayed to the customers but i just wont put the LLC at the end of the name. Also how can i trademark my logo? i have designed one myself and i would like to trade mark my business name and my logo?
If you are going to be using the name without the LLC designation after the name, then its recommended that you have the LLC file a fictitious business name filing registering the name without the LLC designation. If you would like to trademark your business name and logo, we can assist you with both of those filings (you must file a trademark for the business name and then one for the logo) for a minimal service fee of 4149 plus the USPTO filing fees by filing the trademark application for you with the USPTO office or you can directly go onto the USPTO website and file it on your own. Please feel free to reach out to me directly to info@corpnet.com for more information.
Thank you again for reading my post.
Nellie
I filed an LLC back in Sept 2012 and this LLC owns a magazine. The magazine although not published yet, is not the same name as the LLC. I know this is probably redundant to you by now but, should I file a dba for the actual name of the magazine? Another quick question, am I able to have more than one DBA under one LLC? Thanks in advance!
Hi Stacy –
Thanks for reading my post and commenting! You must file a Dba for the magazine under the LLC if you plan to have the magazine under the LLC. You can have multiple dba’s under one LLC. If you have questions, we can assist you no problem. I am currently out of the office, but you can call Katie Hendrix at 888-449-2638 Ext. 110 and she will gladly assist.
Thanks again!
-Nellie
Hi Nellie,
If a corporation has the incorporated name Systems Solutions, Inc. would be correct to assume they can also go by the name SSI since SSI represents the ACRN for the business or would a DBA need to be done? We just want to be able to shorten our name on some documentation. The services we performed would not change nor would anything else.
Hi Diana! If a corporation has the incorporated name Systems Solutions, Inc., you can also go by the name SSI since SSI represents the ACRN for the business. However, in order to do that you MUST file a DBA under the corporation in the state/ county that your corporation is conducting business within doing business under the name SSI or any other ACRN for the business. We can assist you with filing a dba under the corporation in any state or county. For further info, you can reach out to info@corpnet.com or call 1/888/449/2638. Thank you for reading my post!
This article answered SO many questions for me! Thanks! This is probably going to sound like a strange question, but I am getting an e-commerce site going (on Etsy) AND a local freelance videographer company in my area–AND I really like a certain name. If I want each company to have the same name, in essence, could I form “ABC LLC” and then file two DBAs as “ABC Antiques” and “ABC VIDEOGRAPHY”? Or will that just complicate my life out of existence? Haha! Thanks in advance!
Hi Katie – You can definitely consider going that option and in fact that would be the easiest way to go to minimize paperwork for you down the road in keeping the LLC in compliance with all state requirements and filings. If you would like, feel free to reach out to one our business formation experts at corpnet.com and they can further assist you by conducting a name search for you for the name you are trying to select for the LLC and can also assist you with the filing for both the LLC and the dba under the LLC. You can reach out to us direct to info@corpnet.com and ask for Katie Hendrix or call toll free at 1-888-752-0363 – Nellie
So I filed for an ,LLC and was rejected due to it being to close to another name. I want an called abc studios and they have one called abc studio so it was to close. Can I do DBA on this issue or should I try and file for “The abc studios” or what would be my best option to do.
Hi Seth – Filing for The ABC studios as an alternate name for the LLC will also be rejected by the state as the state will not take into consideration the word “the” as a differentiator. Your best option to consider would be to file the LLC under a different name of your choice and then have the LLC file a DBA doing business as ABC studios or the ABC studios. If you would like, feel free to reach out to one our business formation experts at corpnet.com and they can further assist you by conducting a name search for you for the name you are trying to select for the LLC and can also assist you with the filing for both the LLC and the dba under the LLC. You can reach out to us direct to info@corpnet.com and ask for Katie Hendrix or call toll free at 1-888-752-0363 -Nellie
Hi…. i want to start a e-commerce online website selling t-shirts etc…. do i need to register my online company entity and name in order to do bussiness?…. i understand that applying for a DBA is a county or state thing so since im talking about online bussiness then im a little lost… any gudiance would be appreciated…thx
Hi Ed, Thank you for reading my post and this is a great questions and one that is most often asked and here’s the answer:
If you’re operating your e commerce business as a sole proprietor (it is only you running the show), then you’ll need to file for a DBA if your business has a different name than your own name. So, let’s say I’ve started a gardening business online called SpringFlowersGardening.com; I’ll need to file for a DBA for “SpringFlowersGardening.com” since I will be doing business under this name and it is different than my name.
In the U.S., a DBA lets the public know who the real owner of a business is even if it is an online business and you must file one in the state or county that you plan to operate and host the operation of the business…i.e. where you plan to make the t-shirts. The DBA is also called a Fictitious Business Name or Assumed Business Name. It got its origins as a form of consumer protection, so dishonest business owners can’t try to avoid legal trouble by operating under a different name. When someone files a DBA, it’s normally circulated in some kind of print newspaper (maybe you’ve noticed all those “fictitious business name” entries in the local classifieds). It lets the community know exactly what people are behind a business.
So in your case, whether you are online or offline, if you plan to conduct a business, at the least you may want to consider filing for a DBA within the state or county you reside within and your business plans to operate within as this is also the ticket to obtaining merchant services and opening up a bank account. Reach out with any other questions and if you would like us to assist you in filing the DBA, we do offer that service and you can reach out to us at info@corpnet.com
Hi,
Do I need to file DBA form if for example my company name is Mike LLC. and I want to sell online and my webs site is Johnsales.com.
I will still issue invoices under Mike LLC.
Thanks!
Hi Mike, Thank you for reading my post and this is a great question and here’s the answer:
For corporations and LLCs: you will need to get a DBA if you plan on conducting business using a name that’s different than the name filed with your LLC/corporation paperwork. For example… I incorporated my business as Spring Flowers Gardening. My business will need to file a DBA in order to operate under “SpringFlowersGardening.com” or “Spring Flowers.” Likewise, if I opened a Garden Shop, I’d need a DBA for “Spring Flowers Garden Shop.” In short, you’ll need a DBA to operate with any kind of variation of your original name so in your case, you may want to consider filing a DBA under the LLC since the LLC will be conducting business under a different name and if you would like, I would be more than happy to take care of the filing for you. Reach out to me at info@corpnet.com and I can assist you .
Hello Nellie, I hope you can help me with this question. I own an adult business that is an s corp. We are intimates lingerie of Naples, INC. Just for publicity sake I use Intimates Adult Boutique sometimes when I advertise. Because it send a better message of what we sell. Should I or do I need to do this as a DBA. If I did do an DBA does mean I have to change the name on my business license or anything like a checking account or can that all remain under my s corp name. Please advise me. Thank you, Best regards Tim Sizemore
Hi Tim,
Thanks for reading my post and glad you found it informative. In response to your inquiry:
I cannot give you legal advice as CorpNet.com is not a legal service. As such, my response will be more of a general guidance for you to guide you in the right direction.
Generally speaking, if one is conducting business as a corporation and conducts business under any variation of the name other than the name of the corporation, then the corporation must file a DBA under alternate name or names that it is conducting business under.
Upon filing of the DBA under the alternative name, one does not have to change the name on the business license or anything like a checking account as all of those accounts should be under the name of the corporation. You can however, take the filing receipts of the DBA filings with the new names and offer them to the bank so that the bank now has knowledge of the other variation names as well.
Let me know if this makes sense and if I can assist you in filing the DBA for you as we offer the filing service in all 50 states.