Key Takeaways

  • A Delaware DBA (Doing Business As) allows a business to operate under a different name without forming a new legal entity.
  • You must file a DBA with the Prothonotary’s Office in the county where the business operates; Delaware has three counties.
  • Delaware DBAs cost $25 per filing per county, and you must file separately for each county in which you plan to operate.
  • DBA names must be unique and not conflict with existing business names or trademarks.
  • A DBA does not provide legal protection for the business name and does not replace the need for incorporation.
  • Renewal periods vary by county and typically require refiling after 5 years.
  • Foreign businesses also need to file a DBA if operating under a different name in Delaware.

Businesses need a Delaware DBA, or doing business as, when they decide to do business under a name other than the one used when the business was formed. A DBA is a fictitious name registration that allows a company to have multiple sub-company names that better describe what the company does. In Delaware, this registration is completed through the Delaware state courts. Doing business with a fictitious name shouldn't have any tax implications.

When and Why You Need a DBA

DBA registration is required for a company looking to do business under a different name on a county-by-county basis. This registration with the relevant counties in Delaware has nothing to do with the necessary business licenses. Filing a Fictitious Name Certificate is required by law to do business under a different name. This can be filed on the Division of Revenue's One Stop Business Registration and Licensing website.

Understanding County-Specific DBA Requirements

In Delaware, DBA filings are handled at the county level, not through the Secretary of State. Delaware has three counties—New Castle, Kent, and Sussex—and a separate application is required for each if your business will operate in multiple jurisdictions. Each county may also have slightly different processing timelines or procedural preferences, so it's important to confirm requirements with the relevant Prothonotary’s Office. Businesses should also ensure that the name they choose isn’t already registered in the counties where they intend to operate, which requires conducting separate searches per county.

Setting Up a DBA in Delaware

In Delaware, DBA registration is completed in the county in which the company operates and does business. If the company is located in Delaware and transacting business there, then it is required to file for a DBA in Delaware. The DBA filing process is begun by filing a DBA registration in the county, or counties, in which the business is doing business.

Filing a DBA in Delaware

Step 1: Verify Your DBA Name

Before filing for a DBA, you must make sure your desired name is available; a business name search is provided on the Delaware Courts website. If the name is already taken, you will have to change it to be unique. This may require:

  • Changing the spelling
  • Rearranging the words
  • Using a possessive

Once you have a variation that works, you can file with the state.

Step 2: Complete the Registration Form

Now that you've settled on a name, you can fill out the DBA registration form and register an LLC. This requires:

  • Name and address of corporation or LLC
  • Corporation or LLC's phone number
  • Date formed
  • Nature of business
  • DBA name
  • Owners/partners of the business and addresses
  • Date and signature of principal or agent
  • Notary in the state and county of filing

The Delaware DBA registration can be printed and mailed along with a $25 filing fee.

Step 3: Mail-in Documents

Your documents must be submitted to the county's Prothonotary's office, rather than the state. The office in which you send your documents depends on which county you are doing business in. Fictitious name registration is only applicable within the county in which you file. Multiple filings must be made to do business in multiple counties.

Delaware DBA Costs and Processing Times

The filing fee for a Delaware DBA is $25 per county. This means if you want to operate in all three counties under the same DBA, you must submit three applications and pay $75 in total. Processing times can vary slightly by county, but most filings are processed within a few business days after submission. Keep in mind that Delaware requires wet ink signatures on DBA filings, which means online filing is not an option—you must print and mail the original documents.

DBA Examples

  • Traditional LLC with divisions: If Joe has formed a company called Plant Food LLC and wants to open Joe Schmo's Coffee under that name, then the DBA filing would say “Plant Food LLC, DBA Joe Schmo's Coffee.” If Joe also has a bike shop, he can file “Cool Breeze LLC, DBA Joe's Bike Shop.”
  • Series LLC: In the case of a series LLC, where you want each series to have its own bank account and your series LLC is named: “Mad Roasters, LLC,” then your coffee shop could file a DBA under the name “Mad Roasters, LLC, Coffee Shop Series DBA Joe's Coffee Shop.”
  • International: In the case of foreign governments needing to see original documents and seals, the Delaware DBA is one of the only forms that is a “wet ink: original signature and stamp." This gives foreign officials more confidence when dealing with businesses in Delaware.

How Many DBAs Do I Need?

Unlimited DBAs allow an established entrepreneur to have multiple business names under one corporate umbrella. Though multiple DBAs can be issued for multiple trade names, a DBA is not enough to change the name of an entity — an amendment is required instead. While a DBA is usually for a company that has already incorporated, it's possible to have a DBA without being incorporated, but it lacks the asset protection of a corporate entity.

Delaware DBA for Foreign Entities

Foreign businesses—that is, companies formed outside Delaware but conducting business within the state—must file a DBA if they plan to operate under a name other than their legal entity name. This is especially common for companies expanding into Delaware markets under a more regionally tailored brand. The process is the same as it is for domestic businesses, including county-level filing and the $25 fee per county. However, foreign entities must also ensure they’re registered to do business in Delaware as a foreign corporation or LLC before filing a DBA.

Renewing and Updating a Delaware DBA

DBA registrations in Delaware generally remain valid for five years and must be renewed to remain in effect. The renewal process mirrors the initial filing and requires resubmitting the form and paying the applicable fee. If you make changes to your business name, ownership structure, or address, you may need to update your DBA filing or file a new one, depending on the nature of the change. It's recommended to keep a reminder for renewal deadlines, as failure to renew may lead to expiration and business interruption.

Frequently Asked Questions

  1. What is the purpose of a Delaware DBA?
    A Delaware DBA allows a business to operate under a different name than its legal entity name without forming a new corporation or LLC.
  2. How much does it cost to file a Delaware DBA?
    Each county in Delaware charges $25 for a DBA filing. If operating in multiple counties, you must pay per county.
  3. Can I file a Delaware DBA online?
    No. Delaware requires physical forms with original (wet ink) signatures to be mailed to the Prothonotary’s Office of the applicable county.
  4. Do I need a DBA for each county in Delaware?
    Yes, if you operate in more than one county under a fictitious name, you must file separately in each applicable county.
  5. How long does a Delaware DBA last?
    DBA filings in Delaware are generally valid for five years and must be renewed by refiling and paying the fee again.

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