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What Is a Doing Business As (DBA)?

A DBA, also called Doing Business As, is a registered alias that an individual or business uses rather than their legal name. It allows businesses to market under a different name while preserving the legal name for contracts and official documents. Depending on the state, a DBA may also be called a trade name, fictitious name, or assumed name.

Note that a DBA is not a legal business entity. It does not create a separate legal structure like an LLC, corporation, or partnership does. Regardless of the naming convention used in a state, a DBA is a name registration that generally allows a business to operate under a different name than its legal one. It does not create liability protection, tax status, or separate legal existence for the owner.

The primary purpose of a DBA is consumer protection. When a business uses a name besides its legal name, most states require that name to be registered through a DBA filing. This step ensures that the public has a way to identify the actual person behind the business. Hence, a DBA creates a public link between the business name and the real owner.

Who Needs to File a DBA?

Not all businesses require a DBA; however, many choose or are legally required to file a DBA registration depending on how they operate. Typically, when a business operates under a name other than its legally registered name, most state and local laws require disclosure to the public.

The two primary groups that typically file DBAs are:

Sole Proprietors and Partnerships

Individual owners of businesses and general partnerships often require a DBA if the business name is anything other than the owner's full legal name. For instance, if John K. Wilson operates a landscaping business called "Green Touch Landscaping," a DBA may be required since the business name does not match the name of the owner.

In this case, without a DBA, the business owner may not be able to:

  • Open a business bank account in the business name
  • Sign contracts using the business name
  • Market or advertise legally under that name

LLCs and Corporations

LLCs and corporations need a DBA if they intend to operate under a name different from their formal registered name. For example, a company registered as Zenaya Holdings, LLC, that wants to operate a coffee shop under the name "Morning Roast Café" must file a DBA for the name "Morning Roast Café".

Also, a corporation called TechNova Inc. launching a mobile app under the name "NovaChat" would require a DBA for the new product name if it is used independently in contracts, branding, or commerce.

In these situations, filing a DBA helps the companies to:

  • Operate multiple brands under a single legal entity
  • Simplify marketing and consumer recognition
  • Avoid registering a new LLC or corporation for every product line or business division

Although the steps to file a DBA vary slightly by state, the typical steps include the following:

  • Name Availability Check: After choosing your desired DBA name, you must ensure that the name is not already in use or too similar to another registered name. Most states offer online search tools to check for name availability on their websites. As part of your confirmation test, you should conduct a trademark search via the USPTO website to ensure your chosen name is not infringing on someone else's rights.
  • File your DBA Application with the Correct Agency: In most states, sole proprietors and partnerships file at the county clerk's office. However, corporations and LLCs generally file through the state's Secretary of State. Hence, check state and local application requirements and steps in the area where you intend to establish your business or company.
  • Pay the Filing Fee: Before submitting the application, you will be required to pay an application fee. This fee typically ranges between $10 and $150.
  • Publish a Notice: If required in your state, you may need to publish a notice of your DBA in a local newspaper for a specified period. This is a requirement in Illinois, California, and New York.
  • Obtain Confirmation and Keep Records: Upon the approval of your DBA application and the publication of your notice (if required), you will get an official confirmation. The confirmation may be in the form of a stamped copy of your application form, a digital verification, or a certificate. Keep the record as proof of your right to use the name and compliance with state or local business requirements.

Note that renewals are often required for DBA filings. Typically, a DBA lasts between 1 and 10 years.

How a DBA Differs from Other Business Types

It is important to note that a DBA is not a substitute for forming an LLC or corporation. It only registers an operating name and does not provide liability protection, legal separation, tax status, or the other legal benefits of a formal entity.

Therefore, filing a DBA alone does not protect your personal assets if your business is sued or falls into debt. Persons who want liability protection should consider forming an LLC or corporation.

The table below contrasts DBAs with LLCs and corporations on certain important key factors.

FeatureDBA (Doing Business As)Sole Proprietorship (No DBA)LLC (Limited Liability Company)
Legal StatusA Name Registration (Alias) filed for public transparencyThe Owner (The individual) is the businessA legally Separate Legal Entity
Personal LiabilityNO Protection. The owner is personally liable for all business debt.NO Protection. The owner is personally liable for all business debt.YES, Limited. Personal assets are protected from business debt.
Filing Required?Yes, if using any name other than your own.No, unless required for local licenses/permits.Yes, formal state filing is required.
ComplexitySimple and inexpensive.Simplest structure.More complex than a DBA; requires ongoing compliance.
Name ProtectionMinimal. Does not guarantee name exclusivity in most states.None (only your personal name).Strong. Name is reserved at the state level.

How a DBA Relates to an LLC or Corporation

For registered business entities such as limited liability companies or corporations, a DBA is not used to form the company. A DBA is a public-facing brand name that LLCs or corporations can use for branding, marketing, storefronts, or product lines.

For example, a company named Gravitas Holdings LLC that is a legal entity registered with the state may own and operate a fast-food franchise in Atlanta. For the purpose of marketing, Gravitas Holdings LLC may file a DBA to operate publicly as "Local Burger Joint".

In such a case, while Gravitas Holdings LLC is the true legal owner of the business, "Local Burger Joint" is the name customers see on signs, menus, and advertisements. All contracts, bank accounts, tax reporting, and liabilities still legally trace back to Gravitas Holdings LLC. If a liability claim arises, the LLC's limited liability protections apply to the business activities conducted under the Local Burger Joint name.

Why Businesses File a DBA

Businesses file DBAs for many reasons, including the following:

  • Bank compliance: Many banks require a DBA certificate to open a business bank account in the trade name. A DBA lets the bank accept deposits, issue checks, and sign contracts under the public name.
  • Branding and professionalism: A DBA allows a business to use a marketable, memorable name instead of an owner's personal name or a formal corporate name, which helps attract customers and build trust.
  • Legal and regulatory compliance: In many states, it is unlawful to operate under a trade name without registering it. Therefore, filing a DBA satisfies local disclosure rules.
  • Business flexibility and expansion: A single legal entity (an individual, LLC, or corporation) can launch multiple DBAs to run different brands, product lines, or storefronts without creating separate legal entities for each.
  • Simpler than forming a new entity: For testing new markets or brands, a DBA is faster and less expensive than forming a new LLC or corporation, while still enabling separate marketing and banking under the new name.

Why Search a DBA Record

A DBA record search is generally conducted for two reasons:

  • Compliance check: In a compliance check, an individual searches DBA records before filing for a DBA name to confirm that your chosen trade name is not already registered in the relevant county or state.
  • Verification: DBA records may also be searched to find the identity of the true legal owner of the business under an assumed name. This is important when deciding with whom to contract, where to send payments, or whom to sue if something goes wrong.

What You Will Find in a DBA Record

A DBA record typically lists the key information that links an assumed name to the true legal owner of a business. This information is the primary mechanism for consumer transparency.

Typical information that can be found in DBA records includes the following:

  • Registered DBA name: The exact trade name or assumed name.
  • Legal owner name: The individual's full name or the registered business entity that filed the DBA.
  • Owner type: This information indicates whether the owner is a sole proprietor, partnership, LLC, corporation, or other entity.
  • Filing date: The date the DBA was filed or recorded.
  • Filing jurisdiction: The county or state office where the DBA is registered.
  • Registration or record number: The unique ID assigned by the filing office.
  • Address for service or owner address: The contact or mailing address for the owner or business.
  • Status: This indicates the current standing of the DBA (whether active, expired, or cancelled) and any renewal/expiration information.

DBA Name Rules and Restrictions

Although DBA naming rules vary by state and county, there are common restrictions and principles guiding the choice of DBA names that may be used. These principles are established to prevent fraud, protect the public, and maintain clarity in the business registry.

Common restrictions encountered when choosing and filing a DBA include the following:

  • Restricted Suffixes: You cannot include legal entity designators such as LLC, Inc., or Corp. in your DBA unless your business is legally organized as that entity.
  • Misleading or Prohibited Terms: You cannot imply a government, banking, or licensed professional affiliation (such as Bank, Federal, Treasury, Municipal, Police, Attorney, CPA, or Trust) or suggest the business is regulated or licensed when it is not.
  • Name Uniqueness: The chosen name must be distinguishable from names already on file in the relevant jurisdiction.
  • Prohibited or offensive words: Names containing obscene, defamatory, or otherwise illegal language are commonly prohibited.
  • Use of personal names and deceptive phrasing: Using another person's name typically requires that person's consent. Hence, names that create a false impression of ownership or endorsement are often restricted.
  • Trademark conflicts: Even if a DBA is accepted by the local filing office, it cannot lawfully infringe a registered trademark. A name that conflicts with a federal trademark may expose the filer to legal challenge.
  • Formatting and character limits: Filing forms may limit punctuation, symbols, and length, as unusual characters or excessive length are disallowed.
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