Key Takeaways

  • A DBA (Doing Business As) lets you operate under a name different from your legal business name.
  • Filing requirements and procedures vary by business type and state but generally include a name search, application, fees, and sometimes publication.
  • A DBA is not a legal entity and does not offer liability protection or ownership rights.
  • You must file a separate DBA for each name your business will use.
  • Some states require publication of the DBA in a local newspaper, and renewal periods may vary.
  • Using a DBA can streamline branding, banking, and operations without forming a new legal entity.
  • Legal guidance may help ensure compliance and accuracy in your filing.

Knowing how to fill out a DBA is critical if you plan on doing business under any name different from your original registered name. DBA stands for doing business as and can also be referred to as a:

  • Trade name
  • Fictitious name
  • Assumed name

If you wish to operate under any name other than the name that you legally filed your business under, you will be required to file for a DBA. A DBA will allow you to operate and perform financial transactions under a different name. With a DBA, you can also exclude the necessary legal endings such as Inc, Corporations, or LLC. This can make the name easier for customers to remember and easier to market.

While a trade name can also be a trademark, a DBA is not considered to be intellectual property. Additionally, a DBA will not change or affect how the business will be taxed. A DBA will allow customers to know who is behind the company and provide a brand association in customers' minds.

DBAs also can be a valuable opportunity for both corporations and LLCs to be able to pursue multiple ventures and use separate identities for each. For partnerships and sole proprietorships, it can make it easier to open business banking.

Legal Business Name vs. DBA

The legal business name of a company is the name of either the person or the entity that has ownership of the company. Your business's legal name will be determined partially by the type of business structure that you form.

  • Sole proprietorships — When your business is registered as a sole proprietorship, the legal name of the company will be your name as this is considered a pass-through tax entity. In some states, you may be able to use your name in combination with the description of your type of work without filing for a DBA.
  • Partnerships — In a partnership, the legal name will be the name that is stated in the partnership agreement that is drafted. This will be similar to a sole proprietorship, but usually only uses the last name of the partners.
  • Corporations and LLCs — LLCs and corporations will choose their legal business name when they file their state business registration. These names will be required to have some form of designation at the end such as LLC or Corp. In some situations, you may still have to use your legal name even if you have filed a DBA.

How to File for a DBA

The way to file for a DBA may be different depending on the entity of the business. You will be required to file a DBA certificate that is in compliance with Section 130 of General Business Law if your business is a:

  • Limits liability company
  • Limited partnership
  • Corporation
  1. Decide on Your Name — Before you choose your name, you will have to search to see if the name is too similar to another business name that is registered in the state. You also will be unable to use certain words such as Incorporated, Limited, etc.
  2. Obtain a Certificate of Assumed Name — After determining your name, you will need to file a Certificate of Assumed Name which can often be obtained at the local County Clerk's Office.
  3. Fill out the DBA Form — You will need to use black ink or type the information into your application form. Forms are often available for pickup or download from your local Secretary of State's Office. While each jurisdiction will have its own requirements, you will need to include the legal name of your company, the company phone number, the chosen DBA name, the kind of business, and the type of business entity. Check for errors, have it notarized, and sign where necessary.
  4. Submit Your Form After you have checked your form for accuracy, you will need to send in the form along with a filing fee of $25 to your local county entity. Make sure you use a check for the fee or when you can pay online. Never send cash for a filing fee.

Accuracy is important when filling out your DBA so it may be best to consult with an attorney when filing.

Legal Limitations and Protections of a DBA

A DBA is not a separate legal entity and does not offer liability protection. It’s a naming mechanism, not a legal shield. Consider the following:

  • No asset protection: If you're a sole proprietor, your personal assets are still at risk.
  • No exclusivity: Filing a DBA does not give you trademark rights. Someone in another state may use the same name.
  • No tax benefits: A DBA does not alter how you are taxed; that is determined by your underlying business structure.

If you need protection, consider forming an LLC or corporation, and use a DBA under that entity if needed.

When You Might Not Need a DBA

You might not need to file a DBA if:

  • You are a sole proprietor operating under your legal personal name (e.g., “Jane Doe” rather than “Jane's Design Studio”).
  • Your LLC or corporation conducts all activities under its legal registered name.
  • Your state or county doesn’t require one (always confirm with local regulations).

However, operating without a required DBA may lead to penalties, legal complications, or branding confusion.

What Happens After You File

Once your DBA filing is submitted and approved:

  • You’ll receive a DBA certificate or acknowledgment from the county or state.
  • You can open a bank account, enter into contracts, and legally operate under the new name.
  • If your state requires publication, ensure the notice is published and proof of publication is filed, if applicable.
  • Store your approved DBA documents securely—they may be required for licensing, banking, or compliance audits.

Do I Need a DBA for Each Name?

Yes. If your business uses multiple names, a separate DBA must be registered for each one. For example:

  • A bakery operating as “Sweet Crumbs” and expanding into catering under “Crumb Kitchen” would need two separate DBAs.

Each DBA must go through its own filing, approval, and publication process, and fees apply separately.

DBA Costs and Renewal Requirements

DBA filing costs vary depending on your location. Here’s a general overview:

  • Filing Fee: Typically ranges from $10 to $100, depending on the state and county.
  • Publication Fee: In states like California, the cost of mandatory newspaper publication can range from $40 to $150.
  • Renewal: Many jurisdictions require renewal every 1 to 5 years. Check with your local agency to confirm renewal frequency.

Failing to renew your DBA could result in its expiration, making the name available to others and potentially disrupting your business operations.

Common Reasons to File a DBA

Businesses file a DBA for several practical and strategic reasons:

  • Operate under a new brand without forming a new entity.
  • Launch a separate line of business using the same LLC or corporation.
  • Open a business bank account under a name other than the legal name.
  • Maintain privacy for sole proprietors who don’t want to use their full legal name.
  • Comply with state and local laws, which may require a DBA when using any name other than the legal business name.

What to Consider When Choosing a DBA Name

Selecting your DBA name is a critical part of branding and compliance. Here are important considerations:

  • Uniqueness: Avoid names already registered with your state. Many states offer online databases for searching.
  • Compliance: You may not include corporate suffixes like “Inc.” or “LLC” unless you’re legally organized as such.
  • Trademark Conflicts: A DBA doesn’t protect you from trademark claims. It’s wise to check the USPTO trademark database before filing.
  • Descriptiveness: Choose a name that clearly reflects your business activities to strengthen your marketing presence.

Understanding the DBA Filing Process by State

While the basic process of filing a DBA includes choosing a name, completing a form, and paying a fee, state-specific rules can significantly affect the process.

In California, for example:

  • A Fictitious Business Name (FBN) Statement must be filed with the county clerk where your principal place of business is located.
  • If your business is out of state, you must file in Sacramento County.
  • You must publish the DBA name in a general circulation newspaper once a week for four consecutive weeks, typically within 30 days of filing.
  • A renewal is required every five years or if business information changes.

Other states may not require publication or have shorter renewal cycles. Always check with your local or state agency (like a county clerk’s office or secretary of state) to ensure compliance.

Frequently Asked Questions

1. How do you file for a DBA if you have an LLC? You file a Certificate of Assumed Name (or equivalent) with your local authority, typically the county clerk or state agency, depending on your jurisdiction.

2. Is a DBA the same as a business license? No. A DBA allows you to operate under a different name; a business license authorizes you to legally conduct business in a particular location.

3. How long does it take to get a DBA? Processing times vary but can range from a few days to several weeks, especially if publication is required.

4. Can I have multiple DBAs under one business? Yes, but you must file and pay for each DBA separately, and each must be approved individually.

5. Do I need an attorney to file a DBA? While it's not required, legal guidance can help ensure you meet all requirements and avoid future issues. You can find a qualified attorney on UpCounsel.

If you need help with how to fill out a dba, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.