Key Takeaways

  • Alabama does not require DBA registration for sole proprietors or general partnerships.
  • Only foreign entities, LLCs, corporations, and LPs need to file an Alabama DBA.
  • Businesses must already be using the fictitious name before registering it in Alabama.
  • The Alabama DBA registration form is called the "Application for Registration of Foreign Corporate Name."
  • The Alabama Secretary of State does not grant exclusive rights to fictitious names through DBA registration.
  • Filing a DBA in Alabama is separate from trademark protection.

Alabama fictitious name registration is required when an Alabama company plans to conduct business under a different name than it has already registered. In most states, this is known as a "doing business as," or DBA.

In the state of Alabama, it is mandated by law that your business already be using the other name you want to use when you file a DBA. This is a distinguishing characteristic for the state of Alabama. In most other states, you can't operate a business under a DBA name until the proper registration has taken place.

Since you can use a DBA name without first having to register it in the state of Alabama, this means you only need to file a DBA if you are a foreign entity that wants to do business under a different name. Because of this, sole proprietors along with general partnerships are exempt from having to file for a DBA. If you are operating a corporation or a limited liability company, however, you will need to file for a DBA. This also applies to limited partnerships.

How to File for a DBA in Alabama

Just the same as other states, the first step you need to take when filing a DBA in Alabama is to conduct a search to make sure the name is not in use by another company. Once it has been verified that the name is not being used by another company, you can then fill out an Application for Registration of Foreign Corporate Name. The verification to ensure the name is not being used by another company takes place by doing a search in the Government Records Inquiry System.

Filing Requirements for Different Business Types in Alabama

In Alabama, DBA registration is only required for certain types of businesses:

  • Corporations, LLCs, and Limited Partnerships must register a DBA if they intend to operate under a different name than the one registered with the state.
  • Foreign entities (businesses formed in other states) must file an Application for Registration of Foreign Corporate Name with the Alabama Secretary of State to use a fictitious name.
  • Sole proprietors and general partnerships are exempt from DBA filing unless they want a record of name usage for branding or liability clarity.

This distinction is important for correctly determining whether you need to file the Alabama DBA registration form for your specific entity type.

How to Start the Process for a DBA

There are several ways you can start the process for a DBA in Alabama:

  • Call the Alabama Corporations Call Center to start the process of filing a DBA.
  • Go online and print a name reservation form and mail it in.
  • Go online and print a name reservation and fax it.

Step-by-Step Instructions for Completing the Alabama DBA Registration Form

To complete the Alabama DBA registration form, follow these steps:

  1. Download the Application
    Visit the Alabama Secretary of State’s website and download the Application for Registration of Foreign Corporate Name (PDF format).
  2. Verify Name Availability
    Use the Alabama Business Entity Records search tool to check that the desired fictitious name is not already in use.
  3. Complete the Application
    Include the following information:
    • Legal name of the entity
    • Jurisdiction of incorporation
    • Date of incorporation
    • The fictitious name to be used
    • A statement that the entity is authorized to do business under this name
  4. Submit the Form and Fee

    • Mail the completed form and $10 filing fee to:

      Office of the Secretary of StateP.O. Box 5616Montgomery, AL 36103

    • For expedited service, include a $25 expedite fee.
  5. Processing Time
    Regular processing takes approximately 3–5 business days. Expedited processing may be completed in 1–2 days.

Does an Alabama Fictitious Name Registration Impact Tax Status?

It's important to note that when filing a DBA in the state of Alabama, it will not impact the tax status of your company.

Does a Business Owner Have to File for a Fictitious Business Name?

The state of Alabama is quite lenient when it comes to registering a name for your business. Most times, it is left up to you as a business owner as to whether or not you want to register a fictitious name. You don't have to if you don't want to.

You as the business owner get to decide what name you want to use when incorporating your company. For example, if your name is Zachary Robinson and you own a welding shop, and you choose to name it Robinson Welding, the state of Alabama will not consider this business name as being fictitious since your last name is part of the business name. On the other hand, if you were to choose the name of the business to be Lighting Welding, the state would then deem the name as being fictitious, so you would need to file a DBA.

Is a DBA Considered an Alias?

A DBA is commonly referred to as a trade name or an alias. It's also considered an assumed name.

Tip to Remember When Choosing Whether to File a DBA

Just because you search the state's database and determine the name you want to name your company is not being used by another business doesn't necessarily mean it's not being used. It simply means no other company has registered the name. Because of this, it's always a good idea to file a DBA for your company's trade name to ensure all other businesses are aware that you are using the name. It also helps mitigate instances of trademark infringement.

Registering a DBA can also prove beneficial if you are involved in a lawsuit because it will help you show that you were the first entity to register the name.

If you don't want to go online to download the proper DBA form, you can call 334-242-5324 and speak with a staff member at the Business Services Department. Simply ask for the form to be mailed to you, and then you can mail it back in.

Trademark vs. Fictitious Name Registration in Alabama

Registering a DBA in Alabama does not grant exclusive rights to the business name. It simply records the name with the state and allows the business to operate under that name. If you want to protect your brand name statewide, consider applying for a state trademark through the Alabama Secretary of State.

The trademark registration process is separate from the fictitious name filing and includes:

  • A different application form
  • A $30 filing fee
  • Proof of name usage in commerce within Alabama

More details and the trademark application form can be found on the Alabama Secretary of State Trademarks page.

Frequently Asked Questions

  1. What is the Alabama DBA registration form called?
    It’s formally called the "Application for Registration of Foreign Corporate Name" and is used to file a fictitious name in Alabama.
  2. Do I need to register a DBA in Alabama as a sole proprietor?
    No. Sole proprietors and general partnerships are not required to file a DBA in Alabama unless they want public record of their trade name.
  3. Where do I file my Alabama DBA form?
    You must mail the completed form to the Alabama Secretary of State’s Office at the address provided on the application.
  4. Does a DBA registration protect my business name in Alabama?
    No. A DBA does not provide exclusive rights. To protect your name, you should register a trademark.
  5. How long does it take to process a DBA in Alabama?
    Processing usually takes 3–5 business days for standard submissions, or 1–2 business days with expedited service.

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