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A fictitious business name and a DBA or "doing business as" name are one in the same. There’s absolutely no difference between the two. A fictitious business name is, in fact, frequently referred to as a DBA and vice versa. It’s also often called an assumed business name or a trade name, the latter because it’s the name you are using to engage in your chosen trade, occupation or business.
You must register your DBA in the state and/or county in which your principal place of business is located. Each state has its own legalities and procedures for registering a DBA, including the requirement that you file your DBA at additional government levels, like a county or municipality.
No. A DBA is required to be filed only if your corporation or LLC is conducting business under a name other than its legal name as filed with your chosen state. A fictitious business name is not required if you are using the same name as your business entity’s legal name. In other words, if the name of your corporation (as filed in the state of Delaware) is the A1 Candy Corporation, but as part of your corporation or LLC you have a chain of retail stores called Miss Kiss Chocolates, you would need to file a DBA in the name of Miss Kiss Chocolates in each state or county in which you are operating one or more of your retail outlets. It’s a lot less expensive, and easier, to file a DBA form than it is to create a business entity for each of your retail outlets.
Keep in mind that a DBA is basically a form you file to register your trade name. It’s not an official document that creates a business entity, as are the articles of incorporation for your corporation or the articles of organization for your LLC. At the time you file your articles for either of those entities, those formation documents also serve as registration of your official name. Transactions with financial institutions may then be conducted as long as your corporation or LLC uses its legal name.
Yes and no. If your sole proprietorship or partnership is a name different from your individual (legal) or that of your partners, then you have to file a DBA. If your sole proprietorship or partnership is the same name as your own (legal) name or that of your partners, then the filing of a DBA is not required. If, for instance, your legal name as an individual is Donald Johnson, and the sole proprietorship you are operating is named Donald Johnson Consulting Services, it would not be necessary for you to file a DBA. If you, Donald Johnson, have a partnership with William Jones called Johnson & Jones Consulting, you would not need to file a DBA to conduct business either.
But if you are Donald Johnson, a sole proprietor conducting business under the name of Donald Johnson & Associates, then you would have to file a DBA. Similarly, if you are a partnership composed of only two partners, Donald Johnson and William Jones, yet you decide to name your company Johnson, Jones & Associates, you must register a DBA. Otherwise, you might mislead the public into thinking that instead of just you, or you and your named partner, your company is made up of many individuals.
No such luck. The filing of a DBA form does not guarantee you absolute use of a trade name. In many states or counties, as long as you’ve filled out the fictitious business name statement correctly, the document is processed regardless of the similarity of your business’ name to that of another business. In other states and counties (and as it is with corporations and LLCs), you may not be able to use the name if it’s currently being used or is too close to that of an existing business. In some states, the first person to register for a DBA is entitled to use the name in business. So as to avoid confusion, it’s a good idea to try and be different from an existing name if at all possible.
Anytime you start a business, it’s necessary for you to use either your Social Security number or a taxpayer ID number for federal tax purposes. Obtaining a unique taxpayer ID number, which is also known as an EIN or federal tax ID number, for your business is always a good idea because it clearly delineates the difference between your business entity and you as an individual.
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Doing Business As (DBA) Overview:
Your trade name DBA stands for "doing business as". A DBA is an invented name that your business structure (whether a sole proprietorship, a partnership, a corporation or an LLC) must apply for if your business intends to operate under a name other than your legal name, your partners’ legal names, or the business entity’s official registered name, respectively.
With your DBA you will lawfully be able to open a bank account, conduct business, collect payments and generally serve to present yourself to the public using your trade name. While these are important everyday practicalities for your company, the real value of your DBA or trade name lies in creating brand recognition.
Connecting your name to what you make or sell ultimately helps in growing your business and solidifying your company’s reputation in the marketplace. The more commonplace your name becomes among consumers, the more your customer base is likely to expand and the greater sales and earnings you are apt to realize.
Doing Business As (DBA) - How it works:
You won’t have to read any demanding instructions, & there’s nothing to print out or put together on your end. LegalCPU has eliminated the hassle of filing for a DBA with just 3 Easy Steps...
Information:
Start the DBA process by filling out a precise online questionnaire developed by our staff of legal advisors. Part of the LegalCPU guarantee is that our professionals handle every order personally and that your data remains confidential. Our online questionnaire is free, safe & secure! You can save your work & return to it at any time. You may also call us toll free at 866-662-5467.
Preparation:
As soon as we receive your completed questionnaire, the experts at LegalCPU perform a thorough review of your information — including a check for accuracy and to make sure that nothing has been overlooked. We then conduct a comprehensive name search, prepare the proper legal forms, file your DBA forms and post notice of your DBA in an approved newspaper. Publication fees are included in the DBA package cost.
Completion:
Once your DBA has been filed & approved, we will ship your DBA completion package directly to your doorstep. In the meantime, all you have to do is sit back and let the specialists at LegalCPU take care of business.
Doing Business As (DBA) Prices:
Increase your profits and your company’s reputation by filing a DBA. With the experts at LegalCPU, you’ll save time and costly attorney’s fees — one online visit or phone call to our central processing unit is all it takes to get started. Family owned and operated, LegalCPU is dedicated to providing quality service for our valued clients.
- Easy! Make only one online visit or call to our online document processing center — we do the rest.
- Affordable! Much less than attorney’s fees and competitive in the online market.
- Fast! We start processing your order within 24 hours or less!
- Personal! We take pride in the services we offer and guarantee your satisfaction.
Brand your business with a trade name today!
We'll then prepare and file your Assumed Name (DBA) with the appropriate County or State.
Upon completion you will receive the original, certified Assumed Name (DBA) which will allow you to open a bank account & apply for any licenses needed.
3 Easy Steps
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