Starting a business is an undertaking. Every choice can feel permanent—even fateful. Choosing a business name, for example, may seem like a decision that can make or break your business prospects. Fortunately, there’s a handy legal loophole that lets businesses assume a new identity, even after the original, official name has been filed. This new identity is a “doing business as” name, or DBA. It’s like a pen name for a business.
Even if you don’t adopt a DBA, you’ll likely come across organizations that do. Whether you’re a sole proprietor, part of a limited liability company (LLC), or manage multiple businesses, it’s best to understand the ins and outs of DBA registration.
Here’s what a DBA is, common misconceptions, the benefits of registration, and how to register one yourself.
What is a DBA?
DBA stands for “doing business as.” DBA registration allows your business to operate under a name different from its legal business entity name. Sometimes called a fictitious business name, trade name, or assumed business name, it essentially serves as an alias, giving you the flexibility to operate under a name that might better align with your evolving branding or business strategy.
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How to register a DBA
- Choose your fictitious business name
- Check availability
- File with the county clerk
- Publish a public notice
- Pay attention to renewal requirements
The steps to register your DBA vary depending on the state and county in which your business is registered. However, these are a few standard state and local processes:
1. Choose your fictitious business name
Select a unique and compelling DBA name that aligns with the goals of having a fictitious name (such as ensuring brand cohesion) and complies with local regulations. Depending on your underlying entity type, your city or county office likely has information on its website about what your DBA can and can’t include.
For example, if you operate as a sole proprietorship, you probably can’t use the words “Limited Liability Company” or “LLC” in your name.
2. Check availability
Before finalizing your DBA filing, make sure your new name is available. There are likely rules at the county and state level about selecting a DBA that’s the same as an existing business name within the state.
3. File with the county clerk
Complete the necessary registration forms available through your local county clerk’s office. You likely also will have to pay the required filing fees when you submit the paperwork. In most places, you can register online or by mail.
4. Publish a public notice
In many jurisdictions, businesses must publish a notice in a local newspaper announcing their intention to operate under a chosen DBA. The public notice serves to inform the community, promote transparency, and deter businesses from adopting DBAs to avoid creditor or legal disputes.
You may want to consult a small business attorney to ensure compliance with local regulations and a smooth registration process.
5. Pay attention to renewal requirements
Some states and counties may require you to renew your DBA every few years. Be aware of and note any such deadlines so that your DBA does not inadvertently become unregistered.
Why should you register a DBA?
- Circumventing legal naming conventions
- Enhanced branding
- Privacy for sole proprietors
- Compliance with banking requirements
- Switching fields
- Alignment with available domain names
There are a few reasons you may adopt a DBA, beyond wanting to operate under a different business name. Here are some:
Circumventing legal naming conventions
Certain business entities are subject to rigid naming rules. For example, sole proprietorships must be legally named for the full legal name of the sole proprietor. If your name is “John Smith,” your sole proprietorship is also “John Smith.” LLCs in most states must contain “Limited Liability Company,” or an abbreviation thereof, in the business’s name. General partnerships typically must contain the surnames of the general partners in the name.
If you want to market your sole proprietorship, LLC, or general partnership outside the confines of these naming rules (such as dropping the “LLC”), register a DBA. Once you do, you can list your DBA as your business name on all marketing materials. You only need to indicate that you operate under a DBA on legal documents like contracts, leases, etc.
Enhanced branding
Registering a DBA lets you create a distinctive brand separate from your legal entity name, which can be useful as your marketing and branding strategies evolve. Alternatively, you might register a DBA to avoid the complications of terminating your business and starting a new one under the new name.
Privacy for sole proprietors
Sole proprietors must legally operate the sole proprietorship under their legal name. For privacy reasons, a sole proprietor may wish to use a fictitious business name on marketing materials, a professional website, or business cards. Registering a DBA lets a sole proprietor do so without forfeiting the flexibility the entity type affords.
Compliance with banking requirements
Banks may require sole proprietors and partners in general partnerships to have DBAs to open business accounts. You may also be required to produce your DBA certificate as proof of registration.
Switching fields
A business owner may adopt a DBA when entering a new line of business or a new geographic market, when their original business name doesn’t adequately reflect these new goals.
For example, if you initially registered your business as “Chicago Ad-Sales Associates, Inc.” but want to expand your business regionally, you may adopt a DBA like “Midwest Ad-Sales Associates, Inc.”
Alignment with available domain names
Perhaps you didn’t check to see if a recognizable domain name was available when you originally filed your business name. When so much business (and marketing) is conducted online, you need an easy-to-remember domain name that reflects your branding.
If you find that there are no available domain names that align with company branding after registering your business with the state, you can adopt a DBA that more closely aligns with the options available.
DBA myths, debunked
There are several common misconceptions about DBAs, including the following:
A DBA changes the name of your business
Not really. Your business’s original name, as recorded with the secretary of state’s office in the state in which you do business, remains the same, even after you adopt a DBA. A DBA is simply another, less formal business name.
A DBA is a formal business entity
False. Unlike a formal business entity, like a limited liability company (LLC) or a corporation, a DBA is not a separate legal structure. It’s a registration function that lets a business use an alternate name while remaining active under its original, legal entity name.
Adopting a DBA changes the underlying entity structure
False. Registering a DBA does not impact the entity type you registered your business as. An LLC operating under a DBA remains an LLC; an S corporation operating under a DBA is still an S corp.
Sole proprietors don’t need DBAs
Not necessarily. While a sole proprietor can operate under their personal name, registering a DBA can allow them to conduct business under a company name while still retaining the sole proprietorship structure. This enables branding opportunities and can add a certain professional flair to operations.
DBAs provide legal protection
False. Registering a DBA does not grant the same legal protections to the name that a trademark would. It primarily serves public transparency and marketing purposes, letting businesses operate under an alternative, recognizable name.
How To Register a DBA FAQ
Are there disadvantages to having a DBA?
One significant drawback is that a DBA does not provide legal protection comparable to trademarks or copyrights, meaning other businesses may use a similar name and potentially create confusion.
What is the cost of registering a DBA?
The cost of registering a DBA varies depending on the jurisdiction and local regulations. Generally, the fees associated with DBA registration can range from $10 to $100. Some regions may require businesses to renew their DBA registration periodically, incurring additional fees.
What is the difference between a DBA and an LLC?
A DBA is not a legal business entity but a registration that lets a business operate under a name different from its legal business name. An LLC is a distinct legal entity that provides limited liability protection to its owners, known as members, by separating personal and business entities and offers a formal structure with its own legal rights and obligations. An LLC can adopt a DBA.
Do you need an EIN for a DBA?
You do not necessarily need an employer identification number (EIN) to obtain a DBA. However, some banks that require a business to have a DBA to obtain a business bank account may also require an EIN.