Business Name Registration (Doing Business As)
The legal name of a business is the name of the person or entity that owns a business. If you are the sole owner of your business, its legal name is your full name. If your business is a partnership, the legal name is the name given in your partnership agreement or the last names of the partners. For limited liability corporations (LLCs) and corporations, the business' legal name is the one that was registered with the state government.
Your business' legal name is required on all government forms and applications, including your application for employer tax IDs, licenses and permits. However, if you want to open a shop or sell your products under a different name, then you may have to file a "fictitious name" registration form with your government agency.
A fictitious name (or assumed name, trade name, or DBA name, short for "doing business as") is a business name that is different than your personal name, the names of your partners or the officially registered name of your LLC or corporation.
If you're starting a corporation, LLC, or limited partnership, your business name will be automatically registered when you file your articles of incorporation with your state government.
If you are a sole proprietor, where you register a fictitious name depends on where you live. For example, let's say Mary Smith is a sole proprietor of a catering company she runs out of her house. Mary wants to name her business Seaside Catering instead using her business' legal name, Mary Smith. In order to use Seaside Catering, Mary will need to register that name as a fictitious business name with a government agency. Which government agency, depends on where she lives. In some states, fictitious names are registered with the state government; while in others, you register trade names with the county clerk's office.
The following chart provides the requirements for fictitious name filing in all 50 states and territories.
| State | Fictitious Name Filing Requirements |
|---|---|
| Alabama | Alabama does not require registration or filing of fictitious names for sole proprietorships and general partnerships. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Alabama Secretary of State. |
| Alaska | Visit Registering a Business Name in Alaska |
| Arizona | Trade Name Registration - The registration of trade names is not legally required in Arizona but is an accepted business practice. Business names, also known as DBAs, can be filed with the Office of the Secretary of State. |
| Arkansas | A Doing Business As (DBA) Certificate is required for any sole proprietorship or general partnership operating under a fictitious name or names other than the owners. There is a nominal fee that varies from county to county. The DBA Certificate records the full name and address of the business owner and the fictitious name and is kept on file at the county clerk's office. To do a business name search for a sole proprietorship or partnership, contact the county clerk's office in the county where the business is located. To do a business name search for a corporation, contact the Arkansas Secretary of State's office, 1-888-233-0325. |
| California | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships must file a Fictitious Name Statement with the county government where the business will be conducted. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the California Secretary of State. |
| Colorado | Visit Register a Trade Name Online |
| Connecticut | Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Connecticut Secretary of State. If your business is a sole proprietorship, you do not need to register your business with the state. |
| Delaware | For sole proprietorships and general partnerships, Fictitious Name Certificates are registered in the Superior Court Prothonotary's office in the county in which you are doing business: New Castle County Fictitious Name Certificate Kent County - call for form (302) 739-3184 Sussex County - call for form (302) 856-5742 Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Delaware Secretary of State. |
| District of Columbia | The District of Columbia allows you to register and use a business name (trade name) different from your true name, if you are an individual, or from your corporation, partnership, or company name. You do not need to register the name used for your corporation, partnership, or LLC as your trade name; it is considered as your true name. |
| Florida | Required for all businesses. Visit the Florida Division of Corporations, Online Fictitious Name Registration |
| Georgia | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships must register fictitious trade names with the Clerk of Superior Court in the county where business will be conducted. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Georgia Secretary of State, Corporations Division. |
| Guam | Rules for the Use of Fictitious Names in Guam Certificate of Transacting Business Under a Fictitious Name |
| Hawaii | Trade Name Registration - Guidelines, forms and fees. |
| Idaho | Idaho Secretary of State - Assumed Business Name Registration Forms |
| Illinois | When a business name is different from the owner(s) full legal name(s), the Illinois Assumed Name Act requires sole proprietorships and general partnerships to register with their local county clerk's office. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Illinois Secretary of State. |
| Indiana | In Indiana fictitious names are registered with the County Recorder's office in the county where your principal place of business is located. |
| Iowa | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with their local County Recorder's office. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Iowa Secretary of State. |
| Kansas | Kansas does not require registration or filing of DBAs or fictitious names for sole proprietorships and general partnerships. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Kansas Secretary of State. |
| Kentucky | Corporations, a non-profits, LLCs and partnerships (limited, or limited liability) must register with the Kentucky Secretary of State. Sole proprietorships should file an assumed name certificate with the county clerk's office where the business is located. |
| Louisiana | If your business is a corporation, a non-profit, a limited liability company or a partnership (limited, or limited liability) you must register with the Louisiana Secretary of State. Sole proprietorships should file a trade name certificate with the Secretary of State. |
| Maine | The Maine Division of Corporations files nonprofit and business corporations, limited partnerships, limited liability companies, limited liability partnerships and marks. There is no provision under Maine law for filing trade names of sole proprietorships or general partnerships at the state level. If you are operating your business as a sole proprietor, under a trade name, or as a general partnership you are required by Maine law to file with the municipal clerk where your business is located. |
| Maryland | A fictitious name filing, also known as Doing Business As or DBA, allows you to create name for your business that is different than your personal name, the names of your partners or the officially registered name of your LLC or corporation. Trade Name Application [PDF Document] Business Registration and Trade Name FAQ Answers to frequently asked questions about registering your business in Maryland. |
| Massachusetts | Massachusetts requires anyone who is conducting business under an alias (i.e., any name other than their own), including corporations, to file a business certificate ("doing business as") in the community where their business is principally headquartered |
| Michigan | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with their local county clerk's office. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Michigan Secretary of State. |
| Minnesota | Minnesota Secretary of State - Assumed Name Registration |
| Mississippi | Mississippi statute requires that any that every business enterprise operating under an assumed name must register that name in the city or town in which it is located. If you incorporate, become a limited partnership or limited liability company, the name of the business would be registered with the Mississippi Secretary of State. |
| Missouri | Missouri Secretary of State - Online Registration of Fictitious Name |
| Montana | Montana Secretary of State - Application for Reservation of Name Application for Registration of Assumed Business Name |
| Nebraska | Nebraska Secretary of State - Application for Registration of Trade Name |
| Nevada | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with their county government. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Nevada Secretary of State. |
| New Hampshire | New Hampshire Secretary of State - Trade Name Registration Forms |
| New Jersey | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with the county clerk office where business will be conducted. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the New Jersey Department of State. |
| New Mexico | The State of New Mexico does not require that a business register its use of a trade name |
| New York | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with the county clerk office(s) where business will be conducted. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the New York Department of State. |
| North Carolina | Certificate of Assumed Name Includes links to online forms that are to be filed at your County's Register of Deeds Office in which your business is conducted. |
| North Dakota | North Dakota Secretary of State - Trade Name Registration |
| Ohio | Ohio Secretary of State - Trade Name Registration |
| Oklahoma | Oklahoma Secretary of State - Trade Name Registration |
| Oregon | Oregon Secretary of State - Assumed Name Registration |
| Pennsylvania | Pennsylvania Dept of State Application for Registration of Fictitious Name Guidelines for Fictitious Names |
| Puerto Rico | Businesses in Puerto Rico can both register their trademark and a trade name (i.e. fictitious name) through the Department of State's Registry of Marks and Commercial Names: Registro de marcas y nombres comerciales (Registry of marks and commercial names). |
| Rhode Island | When a business name is different from the owner(s) full legal name(s), sole proprietorships and general partnerships to register with the city or town government where business will be conducted. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Rhode Island Secretary of State. |
| South Carolina | Adopting a Fictitious Name in South Carolina - Answers to frequently asked questions from the South Carolina Secretary of State. |
| South Dakota | South Dakota Secretary of State - Fictitious Business Name Registration |
| Tennessee | Tennessee does not require registration or filing of DBAs or fictitious names for sole proprietorships and general partnerships. Corporations, LLCs, LLPs, and limited partnerships register an assumed name as part of their required business filings with the Tennessee Secretary of State. |
| Texas | In Texas, if the business will operate as a sole proprietorship or a general partnership, an Assumed Name Certificate or d.b.a. (doing business as) for each name (or deviation of that name) the business will use must be on file with the county clerk in each county where a business premise will be maintained. All businesses operating in Texas as limited partnerships, registered limited liability partnerships, limited liability companies, corporations, professional corporations, nonprofit corporations, and professional associations must register with the Secretary of State. |
| U.S. Virgin Islands | Lieutenant Governor of the Virgin Islands - Certificate for Registration of Trade Name |
| Utah | In Utah, registration of assumed business names, often called "DBA" (Doing Business As) is required of all businesses that are not corporations, limited liability companies or limited partnerships: Business Name Registration / DBA Application |
| Vermont | Vermont Secretary of State Trade Name Registration Form For small businesses. [PDF Document] Trade Name Registration Information All business types. Includes information on incorporation. |
| Virginia | If business is conducted in Virginia under a name other than the legal business name, an assumed or fictitious name certificate must be filed in the Office of the Clerk of the Circuit Court in each county or city where business is to be conducted. In addition, if the entity is a limited partnership, a limited liability company, or a corporation, it must obtain a copy of each fictitious name certificate, attested by the Clerk of the Circuit Court where the original was filed, and file it with the Clerk of the State Corporation Commission. |
| Washington | Washington State Dept of Licensing - Trade Name Registration |
| West Virginia | West Virginia Secretary of State - Trade Name Registration |
| Wisconsin | State of Wisconsin - Registration of Firm Name (aka "Doing Business As") |
| Wyoming | Wyoming Secretary of State - Trade Name Registration |