Key Takeaways

  • A “doing business as” (DBA) name in Virginia is also referred to as an “assumed name.”
  • Sole proprietors and entities such as LLCs or corporations must register a DBA to operate under any name other than their legal name.
  • DBA registration in Virginia occurs at the Virginia State Corporation Commission (SCC) and requires filing Form SCC59.1-70 and paying a $10 filing fee.
  • Registration must be renewed if there is a change to business ownership or structure.
  • DBAs in Virginia do not grant business licenses or exclusive name rights and must comply with naming restrictions.
  • Expedited filing is available for online submissions via SCC Clerk’s Information System (CIS).
  • Failure to register a DBA can result in civil penalties or criminal misdemeanor charges.

The steps to register a business name in VA are rather easy, but you must follow all the steps carefully so that you do not miss any important deadlines or fee payments.

How to Form an LLC in Virginia

The following steps need to be taken when you want to register an LLC in Virginia:

1. Pick a name for your LLC. Under state law, you must include “Limited Liability Company” or an abbreviation. The name also needs to be distinguishable from the names of businesses that are already in existence with the state. The names will be checked for availability in the state database. You can reserve your name for 120 days by filing an Application for Reservation or for Renewal of Reservation of a Business Entity Name in Virginia and pay a filing fee of $100. If you choose to use a business name that is not the same as your legal name, you will have to register an assumed name certificate in the county where you intend to operate. You will register your assumed name with the county clerk’s office.

2. File the Articles of Organization. An LLC in Virginia is created by filing Form LLC-1011 with the state corporations commission. The articles have to include the name and address of the LLC along with the contact information for the LLC’s registered agent. You can file your articles online or by mail. The fee to file is $100.

3. Name a registered agent. All Virginal LLCs need to have a registered agent for process service in the state. This person or business will agree to accept any legal papers on behalf of the LLC, should it be sued.

4. Create an operating agreement. Operating agreements are not required by the state, but they are very helpful. You do not need to file anything with the state.

5. Follow all regulatory and tax requirements. A sole proprietor that wants to have employees needs to get an Employer Identification Number, also known as an EIN. This number is provided by the IRS and is used for reporting taxes. Any business that has employees has to report any wages to the IRS using an EIN. You can get an EIN by registering online with the IRS. You also need to get any licenses, zoning clearances, or permits necessary for your business. These will vary based on the nature of your business.

6. Pay your annual registration fees. LLCs in Virginia will need to pay an annual registration fee of $50. Your LLC’s registered agent will be mailed an assessment notice at the address you provide. If the fee is late, there will be an additional $25 penalty.

Next Steps in Forming a Sole Proprietorship

  • Open a business account at your bank. You should use your fictitious business name and your EIN. This should be completely separate from your personal finances.
  • Get general liability insurance. Since a sole proprietor will be held personally liable for all debts of a business, this insurance can be a form of protection in the event of a loss of money or lawsuit settlement.

File a DBA in Virginia

If you want your business to function using a name other than the one you chose to form the business, you will need to register the new name. You will need to file for a “doing business as”, or DBA. It is illegal to operate a business with a fictitious name if it has not been registered as a DBA. Not doing so can result in a $2,500 fine, a year in prison, or even both. By filing your DBA, you can get your chosen business name on all of your banking accounts, contracts, and the like.

You need to first decide what name you want to use and make sure it is available to use. To find out, you will need to search the Commonwealth of Virginia State Corporation Commission entity search.

Keep in mind there are some restrictions on the names that may be used. A business may not use a DBA that will not properly represent the geographical area. It also may not be similar to other business names that are already registered. You also need to avoid using any name that could be seen as fraudulent or deceptive. This includes adding “Inc.” to a business name that is not actually incorporated.

Does a DBA Grant Exclusive Rights or Licenses?

Registering a DBA in Virginia does not:

  • Provide exclusive rights to the name.
  • Prevent others from registering the same or a similar assumed name.
  • Function as a trademark or offer federal protection.
  • Serve as a business license or indicate compliance with local licensing requirements.

If you want to protect your name from use by others, you should consider registering a trademark at the state or federal level.

How Long It Takes and Expedited Options

Standard processing for DBA filings takes between 2–5 business days, depending on the volume of submissions. Online filings are processed faster than paper submissions. The Virginia SCC also offers expedited service for an additional fee:

  • $200 for same-day processing
  • $50–$100 for next-day processing

Expedited service is only available for online filings and not for mailed forms.

Restrictions on DBA Names in Virginia

When choosing a DBA, Virginia imposes the following restrictions:

  • The name must not include words like “Corporation,” “Incorporated,” “Inc.,” or “LLC” unless the business is legally organized as such.
  • It cannot mislead the public about the nature of the business.
  • The name must not be identical or deceptively similar to an existing registered business name in Virginia.
  • It must comply with rules about geographic indications (e.g., don't suggest your business is statewide if it's local).

For added protection, consider trademark registration if exclusive use of the name is important to your brand.

When You Must Register a DBA in Virginia

You are required to register a DBA if your business operates under any name other than:

  • Your own personal legal name (for sole proprietors).
  • The exact legal name registered with the SCC (for LLCs or corporations).

This requirement applies whether you're advertising, signing contracts, or opening bank accounts under the assumed name. Failure to register may result in civil penalties or misdemeanor charges under Virginia law.

Filing Requirements and Where to Register a DBA in Virginia

To file a DBA in Virginia, you must submit an Assumed Name Certificate (Form SCC59.1-70) to the State Corporation Commission (SCC). Previously, assumed names were filed at the local county clerk's office, but since 2020, Virginia centralized the process with the SCC.

Follow these steps on how to file a DBA in Virginia:

  1. Choose Your Name: Ensure the name is not already in use by checking the Virginia SCC business name database.
  2. Complete the Form: Use Form SCC59.1-70. You can complete this online through the Clerk’s Information System (CIS) or download a paper version from the SCC website.
  3. Pay the Fee: The filing fee is $10.

  4. Submit Online or by Mail: Online submissions can be made through cis.scc.virginia.gov, while paper filings should be mailed to:

    State Corporation Commission Office of the Clerk P.O. Box 1197Richmond, VA 23218-1197

Filing online is typically processed faster than mailed submissions. Once processed, your assumed name will be officially registered.

Frequently Asked Questions

  1. Is a DBA the same as a business license in Virginia?
    No. A DBA only allows you to operate under a different business name. You may still need a local business license depending on your locality and business type.
  2. How long does it take to get a DBA approved in Virginia?
    Processing typically takes 2–5 business days. Online filings are faster, and expedited services are available for an additional fee.
  3. Can someone else use my DBA name in Virginia?
    Yes. DBA names are not exclusive. If you want name protection, consider registering a trademark or forming a legal business entity.
  4. Do I need to renew my DBA in Virginia?
    You only need to refile your DBA if there’s a change in business structure, ownership, or if you discontinue use of the assumed name.
  5. Where do I file my DBA in Virginia?
    All DBA registrations in Virginia must be filed with the State Corporation Commission (SCC), not with local county offices. You can file online or by mail.

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