What does DBA stand for, exactly? Do you know if your small business needs a DBA (DBA meaning: “Doing Business As”)?
Read on to learn all about the DBA or Fictitious Business Name.
What Does DBA Stand For?
DBA is sometimes called a Fictitious Business Name, Doing Business As, assumed business name, or trade name, these filings let the public know the true owner of a business. Note that I’ll be using DBA and Fictitious Business Name interchangeably throughout this article.
The Doing Business As or Fictitious Business Name designation was created as a form of consumer protection, to prevent unscrupulous business owners from operating under a different name to avoid legal trouble. When a business files a DBA, it’s typically printed in the local newspaper, so the community can see who is behind the business.
Who Needs to File a DBA?
There are two circumstances when your business needs to file a DBA registration:
1: If you are a sole proprietor or general partnership conducting business using a name that’s different from your own name. For example, if Jane Doe wants to open a bookstore called Books for Cooks, she would need to file a DBA. In some places, you’re able to use your name plus a description of your product/service without filing a DBA.
For example, if Jane Doe wanted to open a bookstore called Jane Doe’s Cookbooks, she may not have to file a DBA. If your business name implies a group (i.e. The Doe Group) or you just use your first name (i.e. Jane’s Cookbooks), you’ll have to file a DBA.
2: If you have incorporated or formed a limited liability company (LLC) and are operating the business under a name that is different from the name of the company or LLC.
For example, let’s say that Jane Doe Cookbooks, LLC also wants to operate under the name JanesCookbooks.com, the LLC would need to file for a DBA for JanesCookbooks.com.
Likewise, if Jane Doe wanted to expand into cooking supplies, then Jane Doe Cookbooks, LLC would need to file a DBA to do business as Jane Doe Cooking Supplies.
The Benefits of a DBA
The main benefit of filing a DBA registration is it will keep you in compliance with the law. For sole proprietors, a DBA lets them use a typical business name without creating a formal legal entity (i.e. corporation or LLC). This is typically the least expensive way to legally conduct business under a different business name.
Filing a DBA gives the sole proprietor the freedom to use a business name what helps market their products or services, as well as create a separate professional business identity. However, be advised that a DBA doesn’t protect your business name from being used by others. For that, you will need to seek trademark protection.
For sole proprietors, filing a DBA is required to open a bank account and receive payment in the name of your business. Most banks will not allow you to open an account without receiving a copy of your filed DBA (for this reason, it’s best to file your DBA from the start!).
For an LLC or corporation, a DBA lets the company operate multiple businesses without having to create separate legal entities for each business. For example, if you plan on opening a series of websites, boutique shops, or restaurants, you might want to set up one corporation with a relatively generic name and then file a DBA for each website, shop, or restaurant. This will help you control costs and paperwork, while still expanding your business.
How to File a DBA
Specific requirements for filing a DBA vary from state to state, county to county.
In some states, you register your DBA with the State Secretary of State or other state agency. In some states, registration is handled at the county level and each county may have different forms and fees for the process.
The Small Business Administration (SBA) offers a chart outlining the different requirements for fictitious name filings state by state. Some states also require that you publish a notice in your local newspaper and then submit proof that you have fulfilled the publication requirement.
Of course, specific publication requirements vary. Turning to a professional legal document filing service can take the complexity out of the process and make sure that you’re following your county and state requirements to a T.
Deadline to File a DBA
DBAs should be filed before any business is conducted using the fictitious business name. Some jurisdictions will allow you to file within a short time period of first using the name.
However, since a DBA is usually a prerequisite to opening a bank account for the business or using the name in contracts, it is best to get it done upfront. It’s an affordable process and will keep your business in good legal standing from the start.
Fictitious Concept Photo via Shutterstock
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So basically, this rule is to protect consumers from being deceived and you just need to file if the name of the legal entity is different from the name consumers see?
stephanie
Hello,
All I want to know is how a business is suppose to write the name of the company if they have a dba example;
Does it go like this: ABC Co. dba DEF co.
or
ABC Co.
dba DEF co.
Not sure how the correct way should be when writing letter or email.
Please help.
Hi Stephanie –
Can you let me know what entity type or business structure the business is formed as? That will help determine how to write the name of the company.
Thanks!
-Nellie
stephanie
It is a Machine shop
Hi Stephanie –
Business entity meaning is the company formed as an LLC, C Corporation, S Corporation, etc?
stephanie
Oh HA, it’s a LLC
stephanie
Does anyone know the correct way of writing the company name?
Please help.
Hi Stephanie,
When filing a DBA underneath an LLC, it gives the company the rights to use either name. For example, if you had an LLC called Stephanie’s Fabulous Store, LLC and had a DBA filed for just “Stephanie’s”, you would be able to use either business name. Hope that helps!
Hi Robert – Filing a DBA gives the sole proprietor the freedom to use a business name what helps market their products or services, as well as create a separate professional business identity. However, be advised that a DBA doesn’t protect your business name from being used by others. For that, you will need to seek trademark protection.
Also, if you are going to conduct business under a name different than your name and accept payments under that name, the bank will require you to file a DBA as well…make sense? Please reach out with any other questions – Nellie
Tracy Walter
It is interesting that a person can create a DBA with the county in the same name of a corporation listed with the Secretary of State.
Lili
Please help me, I’m confused. My husband is buying a business under my name and filing DBA for me, but the investment LLC is under his son from first marriage . What are the disadvantages for me!?
Hi Lili,
If the DBA is filed underneath the existing LLC, the DBA will be protected by the LLC. As far as any disadvantages, it definitely sounds like you could benefit by speaking with an attorney.
Thanks for reading and commenting!
-Nellie
Lulu
Thank u so much for ur reply.
Will I be an equal owner of new business if Llc is under somebody else’s name and my name on DBA?
Lulu,
The owner of the DBA and the owner of the LLC are independent from each other. For example, one person can be the owner of the LLC while the other person owns the DBA (even if the DBA is owned by the LLC).
kiki
hi quick question if I am a sole Proprietor and i registrar with my county clerks office, can i put property such as a vehicle in the company name?
Hi Kiki,
Rules and regulations regarding sole proprietorship vary greatly because they are registered on such a local level. I would recommend speaking with the county clerk in the county your sole proprietorship is registered in, and they are likely to provide you with the information you need.
I hope that helps!
-Nellie
Solomon Wactor
Hello. I just formed a DBA a few months. I have an online writing business and I plan to sell a business opportunity to individulals who visit my website. I also plan to advertise the business opportunity on various websites. I was wondering if it is legal for me to do this under a DBA as long as the buyer doesn’t use my business name. I look forward to your response. Thank you
A registered DBA name in the state of Ohio protects any one from using that name in Ohio but there is no protection outside of the state of Ohio. Name protection laws vary by State.
HWLam
In my opinion, especially in this day and age, a DBA is NOTHING more than a way to extract money form a business. No rights are protected or otherwise of value and the licensing entity sells your name out to panderers that smother you with sales pitches. I have been in business for over thirty years and can speak from knowledge and experience. The IRS and state taxing authority know who you are and its not anyone else’ business. There is NO reason a bank needs to know – who goes to the bank when your check fails – isn’t that shutting the barn after the cows ran away? More bureaucracy!
Jason
Wow… A bank will not open an account for you without proof that you own the entity’s name you are using, along with the EIN number of the entity.
Tina
If I have two home offices in different counties (Orange and LA county), do I need to file a DBA in both counties?
Gary
i have a question, i filled for a fictitious name for my business and its $99 leak detection LLC do i still have to file for a D.B.A?
Hi Gary – If you are going to be conducting business under any other name other than the name of the LLC, then one must file a DBA under the LLC for each variation of the business name EX. If your Business name is ABC, LLC and you would like to simply use the name ABC without the LLC designation, then you must file a DBA for the name “ABC” under the LLC without the LLC designation …
Keith
If I currently have a DBA and Want to obtain an LLC. Can my previous DBA be moved under my LLC?
Greg
Hi Nellie, I’ve owned a clothing brand for just over 9 years (It’s an LLC). More and more often I’m asked by friends or people that we do business with to screenprint shirts/garments for them. My business partner and I have talked about it and we want to be able to offer that service, but under a different name than our clothing brand (so as not to create confusion as to what we do… we don’t want people asking ‘are you guys a clothing brand or a screen printer?’) We’re currently wondering whether or not we should file for a completely separate business license (probably a new LLC) for the new screenprinting business, or if we should run it as a DBA under our existing clothing brand. We’ve weighed out the pros/cons and although it seems simpler to us to separate the two, our banker, bookkeeper, and accountant have all suggested that filing it as a DBA would make more sense and not over-complicate things (even though that sounds more confusing to us). Our thought right now is to start it up as a DBA and if it’s grown into a large part of the business within a year or two to separate it into it’s own entity, but I’d love your advice! Secondly, if we are to file the screenprinting company as a DBA, does it make more sense to open a separate checking account for it, or should we use our existing LLC’s checking account and separate everything out when doing our bookkeeping? Any advice you could give me would be MUCH appreciated. Thanks!
Greg:
Thanks for reaching my post. Your accountant/bookkeeper is right on the money with the advice they are giving you and you should proceed as they recommend: Consider having the LLC file a DBA for the screen printing business. Re: the set up of the bank account: You have 2 options here since the main entity is the LLC…you can either use the existing account or set up a new account under the LLC/DBA to keep things separate…I can def assist you with filing the DBA under the LLC if you would like to reach out to us and have us handle the filing for you. let me know [email protected].
Greg
Thanks very much for your help! I just filed for the DBA and we’re moving forward with your suggestion. As far as the bank account goes, I suppose it’s just a preference, but I’d still love outside input. Do you see one option’s benefits outweighing the other’s? We’re leaning towards opening a separate account for our DBA, but I’d love to hear your advice if you have any. Thanks again for your help!
Hi Greg – In answer to your question below, I would suggest you go with what your banker, bookkeeper, and accountant have all suggested that filing it as a DBA would make more sense and not over-complicate things. Also, I like your idea of to start it up as a DBA and if it’s grown into a large part of the business within a year or two to separate it into its own entity!
If you were to file the screen-printing company as a separate DBA not under the LLC, then you would have to open up a separate checking account. Reach out to me to [email protected] with any ther questions.
Charlsye Bell
i am wondering if the dba is registered in a different name then the owner soley to carry workmans comp what is the purpose and is it legal?
jorge jerome
Hello, im in the process of starting my own taxi company i have filed for an LLC but do i really need to file for a DBA since the name of the company will be the same name displayed to the customers but i just wont put the LLC at the end of the name. Also how can i trademark my logo? i have designed one myself and i would like to trade mark my business name and my logo?
If you are going to be using the name without the LLC designation after the name, then its recommended that you have the LLC file a fictitious business name filing registering the name without the LLC designation. If you would like to trademark your business name and logo, we can assist you with both of those filings (you must file a trademark for the business name and then one for the logo) for a minimal service fee of 4149 plus the USPTO filing fees by filing the trademark application for you with the USPTO office or you can directly go onto the USPTO website and file it on your own. Please feel free to reach out to me directly to [email protected] for more information.
Thank you again for reading my post.
Nellie
Stacy
I filed an LLC back in Sept 2012 and this LLC owns a magazine. The magazine although not published yet, is not the same name as the LLC. I know this is probably redundant to you by now but, should I file a dba for the actual name of the magazine? Another quick question, am I able to have more than one DBA under one LLC? Thanks in advance!
Hi Stacy –
Thanks for reading my post and commenting! You must file a Dba for the magazine under the LLC if you plan to have the magazine under the LLC. You can have multiple dba’s under one LLC. If you have questions, we can assist you no problem. I am currently out of the office, but you can call Katie Hendrix at 888-449-2638 Ext. 110 and she will gladly assist.
Thanks again!
-Nellie
Diana
Hi Nellie,
If a corporation has the incorporated name Systems Solutions, Inc. would be correct to assume they can also go by the name SSI since SSI represents the ACRN for the business or would a DBA need to be done? We just want to be able to shorten our name on some documentation. The services we performed would not change nor would anything else.
Hi Diana! If a corporation has the incorporated name Systems Solutions, Inc., you can also go by the name SSI since SSI represents the ACRN for the business. However, in order to do that you MUST file a DBA under the corporation in the state/ county that your corporation is conducting business within doing business under the name SSI or any other ACRN for the business. We can assist you with filing a dba under the corporation in any state or county. For further info, you can reach out to [email protected] or call 1/888/449/2638. Thank you for reading my post!
Katie
This article answered SO many questions for me! Thanks! This is probably going to sound like a strange question, but I am getting an e-commerce site going (on Etsy) AND a local freelance videographer company in my area–AND I really like a certain name. If I want each company to have the same name, in essence, could I form “ABC LLC” and then file two DBAs as “ABC Antiques” and “ABC VIDEOGRAPHY”? Or will that just complicate my life out of existence? Haha! Thanks in advance!
Hi Katie – You can definitely consider going that option and in fact that would be the easiest way to go to minimize paperwork for you down the road in keeping the LLC in compliance with all state requirements and filings. If you would like, feel free to reach out to one our business formation experts at corpnet.com and they can further assist you by conducting a name search for you for the name you are trying to select for the LLC and can also assist you with the filing for both the LLC and the dba under the LLC. You can reach out to us direct to [email protected] and ask for Katie Hendrix or call toll free at 1-888-752-0363 – Nellie
Seth
So I filed for an ,LLC and was rejected due to it being to close to another name. I want an called abc studios and they have one called abc studio so it was to close. Can I do DBA on this issue or should I try and file for “The abc studios” or what would be my best option to do.
Hi Seth – Filing for The ABC studios as an alternate name for the LLC will also be rejected by the state as the state will not take into consideration the word “the” as a differentiator. Your best option to consider would be to file the LLC under a different name of your choice and then have the LLC file a DBA doing business as ABC studios or the ABC studios. If you would like, feel free to reach out to one our business formation experts at corpnet.com and they can further assist you by conducting a name search for you for the name you are trying to select for the LLC and can also assist you with the filing for both the LLC and the dba under the LLC. You can reach out to us direct to [email protected] and ask for Katie Hendrix or call toll free at 1-888-752-0363 -Nellie
Ed
Hi…. i want to start a e-commerce online website selling t-shirts etc…. do i need to register my online company entity and name in order to do bussiness?…. i understand that applying for a DBA is a county or state thing so since im talking about online bussiness then im a little lost… any gudiance would be appreciated…thx
Hi Ed, Thank you for reading my post and this is a great questions and one that is most often asked and here’s the answer:
If you’re operating your e commerce business as a sole proprietor (it is only you running the show), then you’ll need to file for a DBA if your business has a different name than your own name. So, let’s say I’ve started a gardening business online called SpringFlowersGardening.com; I’ll need to file for a DBA for “SpringFlowersGardening.com” since I will be doing business under this name and it is different than my name.
In the U.S., a DBA lets the public know who the real owner of a business is even if it is an online business and you must file one in the state or county that you plan to operate and host the operation of the business…i.e. where you plan to make the t-shirts. The DBA is also called a Fictitious Business Name or Assumed Business Name. It got its origins as a form of consumer protection, so dishonest business owners can’t try to avoid legal trouble by operating under a different name. When someone files a DBA, it’s normally circulated in some kind of print newspaper (maybe you’ve noticed all those “fictitious business name” entries in the local classifieds). It lets the community know exactly what people are behind a business.
So in your case, whether you are online or offline, if you plan to conduct a business, at the least you may want to consider filing for a DBA within the state or county you reside within and your business plans to operate within as this is also the ticket to obtaining merchant services and opening up a bank account. Reach out with any other questions and if you would like us to assist you in filing the DBA, we do offer that service and you can reach out to us at [email protected]
Melissa
Nellie,
Can I use my apartment address as my “Business Address” when filling out my DBA form? I’m also starting an online business to sell a few shirts and art. I’m unsure if i’m allowed to use my apartment address as the “Business Address” in Texas?
Thank you!
Hi Melissa,
Great question. We see this very frequently. Using a home address as a business address, whether for a DBA, corp, LLC, etc. is very common. If you need any assistance in filing your DBA, my co CorpNet would love to help! Just give us a call at 888-449-2638, and ask for Katie at x110.
Thanks!
-Nellie
Mike
Hi,
Do I need to file DBA form if for example my company name is Mike LLC. and I want to sell online and my webs site is Johnsales.com.
I will still issue invoices under Mike LLC.
Thanks!
Hi Mike, Thank you for reading my post and this is a great question and here’s the answer:
For corporations and LLCs: you will need to get a DBA if you plan on conducting business using a name that’s different than the name filed with your LLC/corporation paperwork. For example… I incorporated my business as Spring Flowers Gardening. My business will need to file a DBA in order to operate under “SpringFlowersGardening.com” or “Spring Flowers.” Likewise, if I opened a Garden Shop, I’d need a DBA for “Spring Flowers Garden Shop.” In short, you’ll need a DBA to operate with any kind of variation of your original name so in your case, you may want to consider filing a DBA under the LLC since the LLC will be conducting business under a different name and if you would like, I would be more than happy to take care of the filing for you. Reach out to me at [email protected] and I can assist you .
Tim Sizemore
Hello Nellie, I hope you can help me with this question. I own an adult business that is an s corp. We are intimates lingerie of Naples, INC. Just for publicity sake I use Intimates Adult Boutique sometimes when I advertise. Because it send a better message of what we sell. Should I or do I need to do this as a DBA. If I did do an DBA does mean I have to change the name on my business license or anything like a checking account or can that all remain under my s corp name. Please advise me. Thank you, Best regards Tim Sizemore
Hi Tim,
Thanks for reading my post and glad you found it informative. In response to your inquiry:
I cannot give you legal advice as CorpNet.com is not a legal service. As such, my response will be more of a general guidance for you to guide you in the right direction.
Generally speaking, if one is conducting business as a corporation and conducts business under any variation of the name other than the name of the corporation, then the corporation must file a DBA under alternate name or names that it is conducting business under.
Upon filing of the DBA under the alternative name, one does not have to change the name on the business license or anything like a checking account as all of those accounts should be under the name of the corporation. You can however, take the filing receipts of the DBA filings with the new names and offer them to the bank so that the bank now has knowledge of the other variation names as well.
Let me know if this makes sense and if I can assist you in filing the DBA for you as we offer the filing service in all 50 states.
Amber
Hi Nellie,
We have an S-Corp with a simple name followed by Inc.. We would like to do a DBA with a name that better describes the services that we are currently providing. My question is do we keep the Inc., drop it, or is that our choice?
Thank you so much for taking the time to help so many people navigate this confusing topic!
Amber
HI Amber,
Thank you for reading my post. I response to your inquiry:
Generally speaking, if one would like the corporation to do business under a different name, the corporation would file a DBA doing business under the more descriptive name so that any name that the corporation is conducting business under falls under the umbrella of the corporation.
So for example: ABC S Corporation, Inc. would like to do business as “ABC Music Services”, the S Corporation, ABC S Corporation, Inc. would file a dba doing business under the name ABC Music Services”.
Let me know if this makes sense and if you need help in getting the dba filed under the s corporation, we can definitely help you with that filing through my company corpnet.com in any state for a minimal service fee.
Let me know: or reach out to me at [email protected]
Howard
Hello,
I’m starting a company to design, manufacture, and sell a niche product, initially online through a reserved domain but most likely will expand through traditional retail channels.
Can I file for a DBA now (to create some credential to conduct business with) before forming the LLC of the same name at a later time? The main reason for this is simply to defer the higher cost of forming the LLC until the business is determined to be financially viable. What risks should I be considering. Thanks in advance.
Thanks for reading my post. In response to your inquiry, registering your company as a DBA in the state or county that you plan to conduct your business within is a great step one should consider as an initial starting point to getting the business formalized as a corporation or an LLC.
Simply stated, although an LLC or a corporation will provide you with the liability protection separating your personal assets from any liabilities of your business or that the business may encounter, if one is not ready to take that route, registering a dba is always a great staring point to formalizing and registering the business although it will not provide you with the liability protection.
Please feel free to reach out with any other questions to [email protected] or if we you would like us to offer you a free business consultation.
Asif
I liked article. So, its mean can I do my business on my name but i still won’t need to create dba in NYC. But when You want create online credit card company they ask all you business info which you do not have.
Thanks for reading my post and glad it was helpful to you. In response to your inquiry: if one is planning on doing business in any state under any name other than their legal name, then a DBA must be filed within the county where one is intending to conduct business. For example: if I want to do business as Nanna Lucci Clothing but my legal name is Nellie Akalp, then I have to file a DBA doing business as Nanna Lucci Clothing in the county where I plan to open and conduct my business. I hope this makes sense; if you are still unclear, you can always reach out to one of my business expert for a free business consultation at: [email protected]
Thanks for reading my post and glad it was helpful to you. In response to your inquiry: if one is planning on doing business in any state under any name other than their legal name, then a DBA must be filed within the county where one is intending to conduct business. For example: if I want to do business as XYZ Clothing but my legal name is Nellie Akalp, then I have to file a DBA doing business as XYZ Clothing in the county where I plan to open and conduct my business. I hope this makes sense; if you are still unclear, you can always reach out to one of my business expert for a free business consultation at: [email protected]
DK
Hi Nellie,
thanks for posting valuable information regarding LLC’s & DBA’s. I have registered a company in DE but live in NJ. I need to file DBA to conduct business under different name. This DBA will only be doing business online initially, I don’t have any physical office anywhere. Question 1 – where do I file DBA ? In DE and in the county where the Registered agent’s office is OR in NJ Middlesex County where I live ?
Question 2 – Do I have to file DBA in every USA county ?? I possibly cannot file in all counties in 50 states!!!!
Please advise asap,
Thanks for reading my post and glad the info was helpful! In response to your inquiry:
I cannot give you legal tax or financial advice, so my responses to your inquiry below will be in the form of general guidance to assist you in making the right decision for your business:
Please see my responses below”
Question 1 – where do I file DBA ? In DE and in the county where the Registered agent’s office is OR in NJ Middlesex County where I live ?
What type of business structure is the company set up in DE and are you intending to have the DBA fall under the umbrella and protection of the company you have set up in the state of DE? If that is the case, then generally speaking the DBA must be filed by the DE company under the umbrella of the DE Company
Question 2 – Do I have to file DBA in every USA county ?? I possibly cannot file in all counties in 50 states!!!!
Generally speaking a DBA is filed in the state or county that one is intending or planning on conducting business within; as such if the business is going to be conducted online, but the office is located in NJ, then one may want to consider filing the DBA in the county where the business is located. DBA are referred to as fictitious business name filings and offer no liability protection. As such, in order to obtain the liability protection, one can either incorporate or form an LLC in the state that you are planning to conduct business within.
Feel free to reach out to us at [email protected] for a free business consultation with our business expert Katie Hendrix or Milton Turcios.
nat
I am in the state of Colorado and have an LLC can I register more than one tradename or DBA under that LLC?
As an LLC in any state including the state of Colorado, generally speaking one can register more than one trade name or DBA under that LLC by having the LLC file multiple DBA under the LLC. If you like us to assist you with this filing, my company corpnet.com can take care of this filing for you for a minimal service fee and get your DBA’s filed for you quickly and affordably. You can reach out to us for more information at [email protected]
Tessie
Hi Nellie, my partners and I started a business as a general partnership and filed a DBA in a California county. We now want to start separate LLC’s and still work together in the same location using the DBA that we registered for the general partnership. Do each of our LLC’s have to registered a new DBA using the old name or do we also have to register new DBA’s? We really love the name we chose for our original DBA and have agreed that we would like to continue using that name if possible.
Thank you for reading my post and glad you found it informative. In response to your inquiry:
Generally speaking, each LLC must register a new DBA; since each LLC is filing a DBA under the LLC, each LLC may be able to use the original name of choice since the LLC is the entity holder of the DBA and not the DBA, but each LLC has to be filed under a different name:
So For example each LLC would file as follows:
Abc1, LLC DBA johnnydoe
Abc2, LLC DBA johnnydoe
Abc3, LLC, DBA johnnydoe
I would reach out to [email protected] or call us at 1-888-752-0363 and ask to speak with our business formation expert Amanda Beren and she can go over this in more detail
Sandra
If I operate a small business under my Legal Name and don’t file a DBA, can I still claim all my expenses on my personal tax return to run this business?
Hi Sandra –
Apologies for my late response! To answer your question, a DBA filing is only for the purposes of doing business under a different name other than your own. Regardless of what name you operate under, as a sole proprietor all expenses are claimed on the personal tax return of the business owners.
Hope that helps!
-Nellie
mike
Hello – Ive looked and cant find an answer. I was hoping you could help?
I am filling out a DBA form and it askes for a business address. I dont have a location for my store yet. The bank requires the form – But can i put my home address as the business/mailing address since i dont have an actual location Yet?
Thank You Very Much!
Mike
Bruce
I am going to get a credit card for my newly formed LLC. Two questions: 1- The whole name of the company will not fit on the space allotted on the card. The last letters “LLC” don’t fit. Is that still ok? 2- The terms of the new credit card state that if $2,000 are spent in the first 90 days then a significant amount of airline points will be awarded. I don’t think the LLC will have that many expenses in the first 90 days. Can I have the LLC charge things that I would normally pay for on my personal credit card and then write a personal check to pay the LLC back?
Hi Bruce –
Thanks for reading my post and commenting!
As long as the account is under the LLC the name on the card shouldn’t be a problem. Also in most cases the individual card holders name is also on the credit card. In regards to charging the card for personal expenses I would speak to a tax or financial professional.
Thank you!
-Nellie
Bernadette
Nellie, you mentioned that a DBA doesn’t protect your business name from being used by others and you will need to seek trademark protection. Now you stated this while talking about sole proprietors. Does this apply to limited liability companies?
Hi Bernadette –
Thanks for reading my post and commenting! 🙂
An LLC name is protected only in that state that the business is formed in. Trademark protection protects your name or mark on a federal basis.
Hope that helps!
Thank you!
-Nellie
Natalie
Nellie, we need help please! A friend and I are starting a business in California. This is a first time for both of us and we are lost and need some advice. We have no idea what we file as. LLC? We are wanting to file a DBA but don’t know if we need to file as an LLC first. We have tried researching online for a step-by-step for starting a business and cannot find anything really helpful. Any advice you can give to point us in the right direction would be great. Thanks!
Hi Natalie –
I’d love to help you guys out! Apologies for my delayed response!
Maybe a phone call would be best for something like this as we can get more detail from you. Please contact Amanda Beren at 888-449-2638 Ext. 105 and she can get you guys pointed in the right direction.
Thanks!
-Nellie
Catherine
Nellie, I have a virtual business (welborn southern health options.)At this time it is a referral service but all of my financial transactions are made through my name not my business and I am paid by 1099 as an independent contractor. Do I need to register my virtual site name?
Hi Catherine –
A name is registered for the purpose of doing business under a name that is not yours. Its always smart to have the name registered in the event someone pays you under your business name and not your personal name etc.
If you have additional questions, feel free to reach out via email or phone anytime! All contact info is on my website: http://www.corpnet.com.
-Nellie
Robert
If a make a LLC and want to use a DBA how could I display the DBA on business headings and advertising?
EX:
If I was “ABC,LLC” and I would DBA a name of “XYZ”
How could I show the DBA name;
“XYZ” or
“XYZ,LLC” or
“XYZ a subsidiarity of ABC,LLC” ?
Hi Robert –
Thank you for reading and commenting on my post! You can display the name however you like. Sometimes companies only use the DBA on advertising and leave the legal name out just for the purposes of doing business. You don’t have to have both listed. It’s a matter of personal preference.
Hope that helps!
Thanks!
-Nellie
connie
Ok…so who do I tell my customers to write their payments/checks to? My DBA or my real business name?? Thanks!
Hi Connie –
In most cases the payments would go to the DBA. As long as you have a DBA registered with the state/county a bank account can be opened up under that name.
Should you have additional questions, feel free to reach out anytime!
-Nellie
David Bartlett
Hi, Nellie, I have an online business and have already opened a small business checking account and a business credit card in state x both with a dba. It is a sole proprietorship (The bank did not even ask whether the dba was filed or not.) The business address of the checking account and the billing address of the credit card is in state x. The inventory for my business and the place from which items are shipped is in a different state. In which state should I file the dba? I have read that the IRS in these cases considers the location of the physical business (in this case my inventory) to be the location of the business. Would that be an indication of where to file the dba?
Hi David –
Thank you for reaching out and reading my post. Generally speaking we normally follow the IRS guidelines and per the IRS the DBA should be filed at the physical location of the business (where inventory is held).
Hope that helps!
-Nellie
Kory
Question For Nellie
I registered a property management company which is an LLC with the state of California. Lets call it abc property management company LLC. I have designed a website for marketing purposes and my logo says abc property management (no llc on the logo) do i need to register a DBA? thanks , Kory
Hi Kory: thanks for reading my post. General speaking, if the name is going to be used anywhere without the LLC designation, then the LLC must file a DBA for the name without the LLC designation…ie…ABC Property management LLCX must file a DBA as ABC property Management
Hope that helps!
-Nellie
Maria
Hi Nellie,
My company is based off California.
I filed the company name with IRS for my EIN# & Busines License with my city.
Do I need to file a DBA?
Thanks,
Maria
Hi Maria –
Generally speaking one is required to file a DBA in the state or county that you are conduing your business within to give notice to the public that you are conduting business under a business name other than your own personal name. The DBA is the filing required for the sole proprietorship business structure; the DBA is not a business entity but merely the filing paper required to formalize a sole prop within the state or county you conduct business in. it is basically a filing you do with your state or county giving notice to the public as to the business name you are conducting your business under as a business owner.
-Nellie
Jeanine
Hi Nellie,
A colleague and I have started a private psychotherapy practice. It is really a sole proprietorship as we are sharing the rent expenses on our office, but will keep all other finances an clients separate, each using the office half of the week. We wanted to use a name like New Beginnings Counseling Center. Since we are not a partnership, only one name can go on the DBA. Will this be ok, or will the person who’s name is not on the DBA technically not be able to use this name?
Thanks.
Hi Jeanine –
Thanks so much for reading my post and commenting!
To answer your question, the DBA is the filing required for a sole prop (one person) or in the case of a partnership (2 or more people) to publish a notice within the county in which you are intending to do business in.
In the case of a partnership, both you and your partner would just fill out the 1 DBA from and under the area in which it asks you as to how many people are part of this business, you would answer as 2 and fill in one or both of your names and the dba will be filed as a partnership for most states.
I hope that helps!
-Nellie
kat
My business is Interior Design. I am filing for a DBA today required by my bank, but I am curious what address I put as the place of business address? I work from home but there is no inventory. I dont want it to sound like I am “running” a business from home if that is not legal, but truth is I can run my business from a picnic bench or cafe’ with the internet. Most of the work is on-site at clients homes. So I don’t know what I should write as my place of business address.
Hi Kat –
Thanks for reading my article. Many successful businesses have started off as a home business so using your home address as the business address for the company is not a problem at all unless you would like to keep it private and if that is the case, then we would suggest a private mail box address as the business address for the company.
Hope that helps!
-Nellie
jesse david escalera
im in the middle of changing my business name at the bank will i loose my banking history if i do so?
Hi Jesse –
It depends on what type of business structure the business name is structured as? If as a corporation, then no, if as a sole prop, depending on your bank, you can lose the history if you have the close and reopen the bank account.
Hope that helps!
-Nellie
Jacob Becker
In my opinion, it doesn’t hurt to get a DBA considering it doesn’t cost much…
Doug Kilgore
Hi Nellie –
I’m a real estate broker who used to operate my own brokerage as an LLC, lets call it XYZ Realty LLC. I’ve closed the doors of my brokerage and I’m about to move over to another brokerage, lets call it PDQ Real Estate, as an Associate Broker / Agent independent contractor. I’m told that agents also should operate their businesses under an LLC for liability protection, due to the size of the transactions we deal with, so I want to do this.
1 – Can I continue to use my old longstanding brokerage’s LLC as the entity or do I need to create a new one? I have no partners and its a pass through entity.
2 – On business cards I receive from PDQ Real Estate which have my name on them (plus any advertising collateral, mailings, etc) do I also need to post the name of my agent LLC somewhere on the card to have my liability protection? Obviously I don’t want to do this – to avoid confusion of having two brokerage sounding names on there, I just want my personal name to appear with my title.
Thanks for any advice!
Hi Doug –
Thanks so much for reading my post and for your comment! I’m happy to assist you but that’s a lot to type out in a comment. 😉 Please reach out to my Sr. Startup Specialist, Amanda Beren, and she can assist you with answering questions: 888.752.0363 Ext: 105
Mark
Hello Nellie, I have read so much of your wisdom…. My Question is I filed for a Business name ABC, LLC. its already approved by the state.. We will be offering different services as time goes on, like, Residential and commercial cleaning, snow plowing and landscaping. So can we operate the Business as ABC, LLC for all services or is it a must to have a DBA for every service we offer?
Hi Mark – If you will be accepting payment under different names for those other services, then the LLC must file a DBA/fictitious business name filing under any variation of the LLC name that the LLC will be accepting payment under.
Mark
Sorry Another Question…. Our company is ABC, LLC I will also have my business create a website but no transactions will be conducted online, the web site is only for advertising so people know us and also for the customers to read and communicate with us and the name of the web site will be ABC.com does that matter?
Hi Mark – no worries. Similar to the answer above, if you will be conducting business or accepting payment under any variation of the business name including any type of marketing of the business such as a website as ABC.com, then the LLC must file a DBA/fictitious business name filing under any variation of the LLC name that the LLC will be conducting business under.
I hope that helps!
Mark
Hello Nellie,
It was so helpful. Thank you! Can I relate with you and your team members as my consultants?
Hi Mark –
Glad to hear that was helpful! Yes, of course you can call my Sr. Startup Specialist Amanda Beren anytime for a free business consultation if you have additional questions: 888.752.0363 Ext 105
Gary
Hi Nellie.
I have a question regarding DBAs I hope you can clarify for me. I’ll layout the scenario.
There is a company lets say they’re called Alpha, Inc. They sell 2 products and 2 services that are not entirely related. Alpha is an established name.
There is a company called Gamma, Inc and they sell a different type of service.
Alpha Inc, and Gamma Inc see an advantage of coming together and want to join forces to take over selling ONE of the products and Services Alpha already offers, but neither want or can have an ownership stake in each others existing company as not to assume responsibility for different products or services so a new Joint venture will be created called Delta.
Alpha’s name already has brand recognition that does not want to be lost in the joint venture. The question is can the new organization Delta have a DBA called Alpha or something VERY close to the original?
Hi Gary,
Thanks so much for reading my post and commenting!
There are few dependents on the scenario you’re describing above. For example, what state is this happening in? What will Delta be doing business as? It may be easier to talk on the phone about this. Is there a good time for you to chat? Please contact Amanda Beren in my office at 888-449-2638 Ext. 105.
Thank you!
-Nellie
angie
Hello,
I have a small spray tanning business and I was wondering if I will need a DBA?? I spray from my home but i’m just curious? Thanks in advance!
Hi Angie,
Thanks for reading! 🙂 Generally speaking, if a business wants to accept payments or have a business bank account than a DBA would be needed to do so. Anytime a business is doing business under a name other than the individual business owners than a DBA is recommended.
I hope that helps!
-Nellie
Suzanne
Hi, I have been using my own name as Sole Proprietor for many years and my business bank account is in my name. I would like to become an LLC under a different name, but don’t want to make my customers change how they address checks as most pay monthly from automated bank payments and the checks are made out to me.
So, in a slight reversal, should I register my own name as a DBA under the new LLC name in order to continue to deposit checks under my own name? Or is this even necessary? Can I just keep the current bank account in my name?
Hi Suzanne –
Thanks for reading my post & commenting! This is simple and here are the steps:
You would form the LLC and then have the LLC file a DBA under the name you have been conducting business as a sole prop.
We can handle all of this for you for a very minimal fee and get it done quickly,. Let me know state and I can send you a PQ or you can call us to chat for a free business consultation at: 888.752.0363
Thank you!
-Nellie
Jessica
Hi,
My husband and I own a small PC counseling agency in Wyoming, we are moving to Utah and plan to keep our business in Wyoming and then start an additional private practice in Utah, initially through contract work. Is it better to start a new PC or LLC since our business will be in separate states or can we still do a DBA? We also are unsure how business and malpractice insurance would work, would we need separate policies for each state/business?
Hi Jessica –
Thanks so much for reading & Commenting!
In answer to your question, generally speaking, if the current business is set up as a dba, since DBA’s are county based, you will have to set up a new dba in the new state and for all insurance policies you would have to contact a business broker in the state that you will actually be practicing in.
Hope that helps!
-Nellie
Claudia
hi Nellie,
I own a company that provides 3 services (asphalt, masonry, landscaping). 2 years ago i wanted to do a complete home improvement services, from asphalt to painting. But it didn’t work out that way because i couldn’t get any work and I think it was because of the name CONTRACTORS, so i keep it down to the 3 services that i mentioned before. I did get more work since then but not enough. I think the CONTRACTORS name still in peoples mind that we sub our work. but we don’t, I have 5 employees. The name came up because my husband owns another company with the name All Star Detailing LLC. and we wanted to keep All Star.
My question is. What can I do to take CONTRACTORS name out my name for advertising purposes?. If I get a DBA, do I have to change all my documents?. (federal, state, licenses, etc). Prices and services will be the same. Please advice!.
Thank you.
Hi Claudia –
Thanks so much for your comment!
Basically you have 2 options here: 1) you can amend the LLC name to read to whatever you like it to be without the name contractor or 2) you can have the LLC file a DBA with a new name without the word contractor and preserve your original LLC name. We can assist with either filing and can do either for you. Let us know if we can help or call anytime: 888.752.0363
Thanks!
-Nellie
Roy
Hi Nellie, Can I use my wife’s name as my business name & not file a DBA if I will be owning & running a home base business ?
Hi Roy –
Thanks for reading my post and commenting!
Generally speaking, a DBA is filed by a small business if they tend to want to do business under a different name other than their own name…ie u would be intending to do biz under a fake or fictitious biz name. Generally one dies not need to file a DBA if one is going to be doing biz under their own name or a partners name.
I hope that helps!
-Nellie
Jerika
Hi Nellie,
I working on starting a business to teach dance lessons. I started filling out the paperwork for a DBA, but I’m insure what to put as the business address. I don’t teach the lessons from my home; however, there are multiple locations where I can teach lessons from and sometimes I can even teach from a clients home. What address should I use?
Hi Jerika – thanks for reading and commenting on my post! To answer your question, for a DBA, the state or county will need a business address on file. Unless the business owner has a storefront or office, most of the time they will use their home address. I hope that helps! – Nellie
Paul
Let’s assume XYZ Inc has 4 dbas, XYZ Internet Marketing, XYZ Daycare, XYZ Real Estate Holdings and XYZ Used Car Sales. Does each dba need its own business license or is one business license for XYZ Inc sufficient? Note the examples are purposefully in completely different industries and not merely variant names of one type of business. Any input is appreciated.
Hi Paul – Generally speaking, a business license would be for an individual business in a specific industry. However, depending on your state or county there may be different requirements. We have a business license research package we offer for $99/per business that checks to see what licenses would be required. If this is something you’re interested in please contact my office at 888-449-2638 for more details. Thanks and Happy New Year! – Nellie
Adrian
Thank You Nellie,
I’ve been reading and searching everywhere for the answer of LLCs having multiple DBAs to run different business. This was the first time I read it in a way that I understood, Yes. For new entrepreneurs like me it is sometimes hard to understand all the lingo of the legal. I appreciate the help.
Thank you, Adrian! So glad to see the post helped in your research!
Joe Woznica
Hi Nellie,
For about a year now I’ve been a Sports Photographer in New York State and have finally set up a website. On the site I’m looking to sell my work, the business name has my last name and part of the business in it. Do I need to file a DBA?
HI Joe – Thank you for reading my post and commenting.
To answer your question, if you are a sole proprietor or general partnership conducting business using a name that’s any variation or different from your own name (even if it contains your name within it) a DBA should be filed. For example, if Jane Doe wants to open a bookstore called Books for Cooks, she would need to file a DBA. In some places, you’re able to use your name plus a description of your product/service without filing a DBA. For example, if Jane Doe wanted to open a bookstore called Jane Doe’s Cookbooks, she may not have to file a DBA. If your business name implies a group (i.e. The Doe Group) or you just use your first name (i.e. Jane’s Cookbooks), you’ll have to file a DBA.
I hope this answers your question. We offer the fioling of the DBA in every state and can easilty file therse docs for you. Reach out with any questions to [email protected]
Thanks!
-Nellie
David
Thanks for the article! I was actually told over the phone by a Legalzoom employee that a business name with the word “Group” in it could not be registered as a DBA for a sole-proprietorship, simply because it infers more than one member or employee. I was actually hoping to find a list of words that aren’t allowed in a DBA name for sole-proprietorship, to help give me some do’s and don’t’s.
Amie
Hi Nellie – I am sincerely thinking of starting my own business and I am currently in the research phase. I have two passions: Candles and House Cleaning. My original thoughts are that I want to do both; I would like to make and sell my own candles, yet I also want to clean homes. Would I be able to do both under one DBA if perhaps I can create a name that would combine the two within a common theme, or would I need to have seperate DBA’s considering one is a product and one is more of a service? I live in Ohio if that makes any difference. Also, if I do need to seperate the two, would I simply want to form an LLC and have the two DBA’s or … ? Any thoughts and / or advice would be greatly appreciated- Thank You!!
Hi Amie,
Thank you for reading my post & commenting! Ultimately the way you want to structure your business is up to you. What we see most commonly is that business owners with two or more different ventures will set up a parent LLC and file one or multiple DBAs underneath the LLC. For example, if a person named John Smith has both a construction company and a pet store, he might set up an LLC using a fairly generic name such as Smith Enterprises LLC, and file two DBAs beneath it – one for his construction company, and one for his pet store. Hope this helps!
Jermaine Jackson
I am a franchise owner now and the company is already an LLC. So do I have to file a DBA or how does that work?
Hi Jermaine,
Thanks for reading my post! Generally speaking, a DBA is required when a business owner needs to do business or accept payment under two or more different names. For example, if a person has a company called “Right Way Automotive LLC”, but they also want to do business using just “Right Way,” they will need to file a DBA for “Right Way”. If you are planning on doing business using any name other than the legal LLC name, a DBA must be filed.
I hope that helps!
-Nellie
Jessica Hart
Hi Nellie, very glad I found your post and you are answering questions. I have two questions I want to ask you.
1: I live in NYC and want to open an etsy shop under my real name but etsy doesn’t allow spaces between the shop names so it will be JessicaHart. Do I still need a dba?
2:I have a blog under a fictitious name. Would I need a dba if I want to receive advertorial jobs such as writing reviews for products on my blog?
Thank you so much,
Jessica
Hi Jessica –
Glad you came across my post also and happy to see it is helping in your research!!
To answer your questions:
Fictitious names and DBAs are synonymous. The state of New York is tricky when it comes to filing DBAs – they typically do not allow a person to file a DBA using just a person’s name (i.e. JessicaHart). They do allow DBAs, however, that include a person’s name amongst some other words – for example: Jessica Hart Enterprises.
I hope that helps!
-Nellie
angelique j
Hi, I’m a freelance actor/model from CT. I’d like to know if it’s best for me to get an EIN as a sole proprietor or a DBA? Say if do a paid photo shoot and I’m paid in cash, should I get a receipt from them for tax purposes? Also, can I use my legal name and/or my DBA name for times when I want to conceal my identity. I just want to be sure before I apply for an EIN. Thanks
Hi Angelique,
A sole proprietorship is simply a type of DBA. When filing a DBA, an EIN is optional, as you also have the option of using your Social Security number. I would suggest speaking with your attorney regarding your question about concealing your identity, as this would be a legal question. Hope this helps!
-Nellie
John
Hey there I appreciate your article. I was wondering if I filed for an LLC in, for example, Wisconsin, and also wanted to do business in Illinois without Filing there also, can I do business there as DBA. If I can do I have to file DBA under the LLC both in Illinois and Wisconsin, or just where the DBA will be conducting business?? (illinois)……..Also, is an LLC protected from anything that might happen to the DBA’s under it?? Thank You
Hi John,
Generally when doing a significant amount of business in multiple states, it is required to foreign qualify – taking your existing business and filing to qualify to do business in additional states.
I hope that helps!
-Nellie
Elizabeth
Hi Nellie, I been reading your article and it seems to be that your a great help to alot of people. I was wondering if you could p,ease help me on this one. My husband has been self employed as a mechanic for awhile now. He’s been payed under his name and we’ve been paying our quartly txs as well as reporting all of his expenses. In the new future he would very much love to put his own little shop since he rents to ve able to work under a little shaded shack. We are about to take that step into getting a loan from the bank to be able to goa bout this. But he’s being told he has to get an assume name. My question is cant he just keep on like he is,,just under his name? Could he get in trouble and get penalized for working under his name and not be registered under assumed name?
Elizabeth,
Does your husband have an existing corporation or LLC? Filing for an assumed name is usually only required when the business owner wants to do business under a name other than the legal name of the corporation or LLC.
susan
Hi, my friend runs a business as a dba under her LLC. She no longer wants to run the business and is handing me the business. I want to keep the same name. Can I put it under the same dba name under my LLC?
Hi Susan,
Thank you for reading my post & commenting! Unfortunately, there isn’t really a procedure for amending a DBA, but in most states DBA names are not protected. This means that you would be able to file a DBA using the same name and file it under your existing LLC.
I hope that helps!
-Nellie
Kevin
Hello Nelly. thanks for providing so much information.
I have a question, i formed an LLC for my web design business and called it [first two words] Web Solutions LLC.
Now I’m thinking about also doing many different ecommerce sites, with many different products.. If one of the stores starts to sell a lot, then I would create an LLC for that particular store.
I’m wondering if its a good idea to file a DBA under my webdesign’s LLC. Does it matter that my ecommerce business is not related to the web desing business?
Thanks for your time.
Hi Kevin,
You have a couple different options – filing a DBA under an existing LLC is definitely a popular option, as is filing another LLC owned by your parent LLC. This way both entities will be filed as LLCs and you will have that added protection.
Thanks for reading and commenting!
-Nellie
Dezshanay
If you have a non profit organization can you have a free event under a name if you did not get a dba or in the process of getting dba
Hi Dezshanay,
Generally speaking, it is required that a DBA be filed if your non-profit will be doing business and/or advertising under any name other than your full, legal business name.
I hope that helps!
-Nellie
Bryan R.
Hi Nellie,
Your article and comment replies are very helpful. I have a question that I don’t think has been asked, at least not with these specifics.
My business is incorporated, and we operate a few ecommerce stores, all with their own separate domain names. I know that I need DBAs, but my question is if the DBAs should include the .com or not.
Let’s say for example my store is called Sports Fans (logo, invoice, terms, documents all labeled Sports Fans), and the web address to access the store is sportsfans.com. I would think that the DBA would be for Sports Fans, and that sportsfans.com is just simply the web address used to access the store and not considered a business name.
On the flip side, let’s say that I do not refer to my store as Sports Fans. My logo, invoices, terms, etc all say SportsFans.com. I never refer to the business as Sports Fans without the .com. I would think that in this instance the DBA would be SportsFans.com since that is how the store is referred to and advertised as.
But is SportsFans.com considered a business name, or is it just a domain name? Again, maybe it depends on how you identify yourself within the storefront. If I had a brick and mortar store called Sports Fans, and I had an online version of this store too called sportsfans.com (like Best Buy has bestbuy.com), I would think that the DBA would only be for Sports Fans and not its “same name” online version of its main store. I could see if the domain name was different from the brick and mortar store (like bestsportsfans.com), then I would need a DBA for both.
Right now, my scenario is that the website is sportsfans.com and the store is referred to a sportsfans.com. But can a business name include .com? Should the business name be Sports Fans or can it be sportsfans.com?
Thank you for your time.
Disclaimer: I am using sportsfans.com as an example. That is not my store or domain name.
Hi Bryan – Thank you for your question and for reading my post!
It is generally required to file a DBA if you plan on doing business/accepting checks using any name varying from your full, legal business name. Most business owners will also go by their domain name – using your example, SportsFans.com. If this is the case, the “.com” will need to be included in the DBA. A business named “All In One Cleaning, Inc.” is likely to have a DBA for “All In One Cleaning” and a separate DBA for “allinonecleaning.com”. Hope that helps!
Casey
Hi Nellie, I have question to you: can I setup multiple e-commerce sites under one DBA (Assumed Name)?
Your answer to this question will be highly appreciated.
Thanks in advance.
Hi Casey –
Generally speaking, you would need to file a dba for each. Here is another post on Small Business Trends I wrote about multiple businesses and how to structure them: http://bit.ly/x5T3Ek.
I hope that helps!
-Nellie
Amy
I feel like this is a simple question, but I can’t find the answer anywhere. My sister and I want to start an etsy shop, but we live in different counties (2 hours apart) in NY state. We will each be doing our own thing at our own homes, so where do we file the dba? Do we file one in each county or do we just pick one? Any help would be much appreciated.
Hi Amy,
Most people who are in business together (regardless of where they live) only operate under one entity. As far as where to register the DBA – it will have to be registered in the county that the business address is located. That being said, the DBA can be registered in the county you live in, OR the county your sister lives in – it really just depends where you’d like to list the business address. Hope that helps!
-Nellie
Amy
That helps tremendously. Thank you so much!
No problem, Amy! Should any other questions arise feel free to call anytime! 888.752.0363
Emily
Hi Nellie! Hoping you can help me – I just moved from New York and am going to be traveling between a few different states over the next few months before settling down again. I am not yet sure where I will end up. I want to start a business and file a DBA, but I don’t know which county or even state to file under since I haven’t decided where to rent an apartment yet. Do you have any insight? Also, what are the penalties for accepting payment as a business other than your personal name without filing a DBA?
Thank you!
Emily
Hi Emily,
Where you incorporate your business is ultimately up to you. Many business owners who don’t know where they’re going to end up often file in states that do not require a business address (such as Delaware).
If a business owner plans on accepting payment under any name other than your legal business name, it is typically required to file a DBA.
I hope that helps. Should you like to chat further feel free to call my team and ask directly for Katie Hendrix via a free business consultation and she can assist! http://bit.ly/Pt4MVP
-Nellie
Mike
Nellie,
Great article. Can a DBA for business formed as LLC contain any letters, e.g. LLC, Co. Corp?
e.g.
Name: Main Business LLC
DBA: Secondary Business LLC
DBA: Tertiary Business Inc.
DBA: Quaternary Business Co.
Hi Mike –
Thanks, glad you enjoyed my post! DBA’s or assumed business names under a corporation or an LLC cannot contain the words LLC or Inc as part of the name when filed under an LLC.
If you have more questions or need additional information, feel free to call my co for a free business consultation. Please ask directly for Amanda Beren or Katie Hendrix: http://bit.ly/Pt4MVP
Pete
Hi Nellie,
I have an LLC & want to open a website. I’m selling & offering free apps in the Apple & Android markets. No purchases will be made via the site it will take customers to the pertaining market where they can purchase or download the free app. Is a DBA needed? Ie. Businees name is 123 LLC & will need to be in the internet as 123.com or 123llc.com. Wil using either of these two site names require a DBA. My businessn is in California.
Thank you!
PS Great column/post.
Hi Pete –
So generally speaking, one must file a DBA under the LLC if using any variation of the name, even as a domain name.
If you’d like to chat about your question further, feel free to call my co for a free business consultation. Please ask directly for Amanda Beren or Katie Hendrix: http://bit.ly/Pt4MVP
Thanks!
-Nellie
zaid
hi, i would like to work from home as a dealer…. for a mobile company they told me you need this….
The first step to become a dealer is get the appropriate documentation into place.
You will need to register a business under your name (you can do a DBA which are more economical, and require less paperwork) and also request a Texas sale and use tax permit.
My Question is : 1- Do i need a DBA? i am working from home (Dallas, Texas)
2- is the Seller’s permit enough ?
3- how can i request a Texas sale and use tax Permit?
can you guide me and help me to understand the process.
Thank you for your information in advance .
Hi Zaid,
Thank you for your question. When running a business, it’s recommended to set up a business entity to give you rights to the name – as a DBA, or more commonly, a corporation or LLC (for the purposes of liability protection). Only operating using solely a seller’s permit will not provide any liability protection or even name protection. My company, CorpNet, can assist you with these filings, as well as obtaining your seller’s permit in the state of Texas. If you’d like to call for a free business consultation, please ask directly for Katie Hendrix: http://bit.ly/Pt4MVP
zaid
thank you for your replay….
is the Seller’s permit enough and Texas sale and Tax permit?
what else do i need to, basically a mobile company gave me an opurtunity of dealer and i will buy from them simcards and i will sell them and activat the simcards and i will get commission doing that, that is the only business do i need to do a DBA, and by the way i am doing that from home. (is there tax have to be collected and who do i send it to and how ?)
Zaid,
There may be further licenses that will be required. Every state/county requires different licenses based on what the company does and where it’s located. As far as your tax questions, I would recommend speaking with a CPA or accountant.
Again, feel free to call if you have further questions.
-Nellie
Michelle
I have a question. I think the word “development” is throwing me a bit off and the fact I would like the name to be the umbrella of other businesses.
Would I have to file a LLC or will a DBA will be ok if i were to create a business name that is my last name. Example being “The (Last name) Development”?
But also know that I already have other businesses that are retail and i would like for them to be owned by “The (Last name) Development”
Since it is my name, is a DBA totally fine or since i want my other smaller companies to be owned by it, then i should make it a LLC instead?
Thank you, it is really confusing to me.
Hi Michelle,
A DBA cannot typically own other entities. If a business owner is planning on having their business own other businesses, generally it will need to be a corporation or LLC.
If you have additional questions or are still confused, feel free to call my team and ask directly for Katie Hendrix and a free business consultation: http://bit.ly/Pt4MVP
-Nellie
Emm
Hi Nellie,
I am trying to start a home based business in Florida and I know the first thing I need to do is file a DBA.Due to all the permits and licenses that I will need after that to operate legally I may delay several weeks before I can actually start selling.My question is, after I register my DBA, is there a time frame that is required for me to be expected to be in full business? I am concerned if my business isn’t active until a month later, etc. Your response will be very helpful.Thank you.
Hi Emm –
Thanks so much for reading and commenting on my post.
DBAs are different in every county, but in most places DBAs aren’t required to renew until after 5 years.
I hope that helps!
-Nellie
Armando Rodriguez
Just a minor typo. I think you wanted to use the word “that” instead of “what” in the following line:
Filing a DBA gives the sole proprietor the freedom to use a business name >> what << helps market their products or services,
Thank you for the catch, Armando
Armando Rodriguez
By the way, you have provided me the best answers to all my DBA questions I’ve had for years. Other professional have not been able to explain it as clearly as you have. THANK YOU!
I love it – so happy to help! Should you have any additional questions or need assistance, feel free to reach out anytime!
Stella
If a business is and LLC, and has a DBA underneath it, does the owner of the DBA (who is also the member in the LLC) take a draw or wages? Draw is preferred.
Hi Stella –
Thank you for reading and commenting on my post.
Unfortunately this is more of a tax question, so I suggest consulting with your accountant or CPA.
-Nellie
Aaron
Hi, I just started working as an independent contractor (driver) for a local shuttle/charter company in Sacramento, but they want me to file a fictitious business name statement with the county. Why might they be asking this of me? I worked for a few years in this very same industry previously, for a van franchise owner, and never needed to file a DBA and never even heard of it- I was just paid directly, and they filed a 1099 on me. I’m confused here. Can’t I just work there under my own name?
Hi Aaron,
Some contracts/employers require their workers to file a corporation, LLC, or DBA for several different reasons – liability, credibility, etc. While I can’t be sure why specifically they are requiring you to file such paperwork, we do see this type of thing often. The reason could be one of many.
-Nellie
Nick
Great info. My business is in California. Can my LLC have a dba that’s also an LLC? Expample: ABC, LLC would like to have a dba as XYZ, LLC. Thanks for your help.
Hi Nick,
Generally speaking a DBA cannot include a corporate indicator (Inc, LLC, etc.). A DBA cannot be called “XYZ, LLC”. A DBA is not an LLC and cannot be labeled as such. Hope that helps!
-Nellie
Alex
Hi, I live in Florida and have a LLC, I plan to open a website under a completely different name and sell products on the site, so from your other post I see I need to file a dba, so my question is, Is filing a dba required by law? What happens if I choose to proceed without filing a dba? I’ve read somewhere that filing dba under a LLC can take away the liability protection thus defeating the purpose of the LLC, is this true? And my LLC already has licenses, certificate of use, sellers permit, etc. If I file a dba would I need to apply again for those licenses and permits just for the dba or this isn’t necessary since the LLC has em already? Thanks your advice is greatly appreciated
Hi Alex,
Thanks for reading and commenting on my post.
Generally, it is required to file a DBA whenever the business will be operating under any name varying from the full, legal business name. Filing a DBA gives the business owner the rights to operate under that name. As far as any repercussions for not filing a DBA, or affecting liability, I would recommend speaking with a business attorney. My company now offers the chance to work with business attorneys at a minimal cost. If you’d like to explore this option to chat further about your question, here is more info: http://bit.ly/1hsEEaF
Thank you!
-Nellie
laura
Hi I’m wondering if I can name my businrss as laura ( my last name)’s bingos flowers I know its long but I don’t want to file a DBA . Or can I use bongos flowers by laura ( last name)?
Hi Laura,
You can essentially use whatever business name you’d like, as long as the name is available in the state where the business will be filed. My company CorpNet offers free business name checks. Just give us a quick call and we can search the name for you instantaneously over the phone: 888-449-2638, ask directly for Katie Hendrix at x110.
-Nellie
Gilbert E.
Very informative article. I do have a question I was hoping you can help me with. I opened a etsy shop just to sell crafts I made. They are tables that are collaged with comics. The etsy shop has superhero in the name so it represents what type of items they are. Now I want to do local fairs and conventions so I want to get a DBA. Now here is where I’m having an issue… I want to expand the crafts to using wedding photos and family photos. So I don’t want superhero in the DBA name. My question is, if I make a DBA name for example “Collage Creations” can I still run my etsy shop as “superhero….”
Thanks
Hi Gilbert,
Great idea! Generally speaking, a DBA will need to be filed for every name and every variation of a name the business will go by. For example, if a person has a business called “ABC Babysitting Service”, they might also have separate DBAs for “ABC” or “ABC Babysitting” etc. Hope that helps! Should you have any additional questions, feel free to call for a free business consultation! Ask directly for Katie Hendrix and she will help you out! 🙂 888.452.0822 http://bit.ly/1q1SgaW
Gilbert E.
Awesome. Is there a chat line or email I can contact her at? I’m at work a lot and those forms of communication are better for me.
Thanks!
Hi Gilbert – yes we do! If you go to our homepage, http://www.corpnet.com, you will see a ‘live chat’ button on the left hand side. you can use that and request to chat with Katie. Alternatively you can email her directly at: [email protected]
Thanks!
-Nellie
Hi Gilbert – yes we do! If you go to our homepage, http://www.corpnet.com, you will see a ‘live chat’ button on the left hand side. you can use that and request to chat with Katie. Alternatively you can email her directly at: [email protected]
Thanks!
-Nellie
Jess
Do you need to file a DBA, or other documents, in NY state when you purchase a franchise and operate as a sole proprietor?
Hi Jess,
Generally, a sole proprietor is required to file a DBA as a to assure that they have rights to use that name in business, as well as accept payments under that name. If you need any assistance in filing your DBA, or have further questions, please feel free to call my co CorpNet for a free business consultation. 888-449-2638 x110, ask for Katie.
-Nellie
Erika
Hello,
If I have an LLC would my dba name be the name of my franchise ? Or do I have to have the name of my franchise and something descriptive to the area to separate from the actual fanchise so it is specific?
Hi Erika,
An LLC with a DBA filed underneath for a franchise is a very common structure. DBA names in most states are not protected, so with the exception of a few states, a business owner can use whatever DBA name they’d like. If you have more questions or would like to speak with a business consultant, please feel free to call my co CorpNet for a free business consultation. Ask directly for Katie Hendrix and she will gladly assist. 🙂 888-449-2638 x110.
-Nellie
Jo Yo
Hi. Great information. My ? Is this: I am a sole proprietor of a consulting services company,
I have a DBA on file with the county & a business bank account. I want to start selling some products I design online
Using a domain name thats different from my business name. Do I have to file a new D A for the ecoomer e site? All online sales will go through my business bank account thats already set up. Thanks!
Hi Jo,
Great question. Generally, it is required for a business to file a DBA for every variation of the name they plan on doing business under. This does include domain names. Hope that helps! If you have additional questions or would like to chat further, feel free to call my company for a free business consultation. Ask directly for Katie Hendrix – 888-449-2638 x110
Luke G.
Question: There is a business in my county that is already established under a partnered DBA (EX. Tasty Ice Cream). One partner is looking to branch off and start an LLC under the same already established DBA name (EX. Tasty Ice Cream). Can the newly formed Tasty Ice Cream LLC operate under he same assumed name as the already used DBA Tasty Ice Cream in the same county. This is in Michigan and to my understanding LLC’s override sole-propitiatory or partnership DBA’s. One partner wants to open another store as a sole propitiatory but knows the other partner will not let the new store open under the same name unless its a partner ship.
Luke G.
Added info. Also the current DBA through the county has lapsed for the EX. Tasty Ice Cream name.
Hi Luke,
Great question. Michigan is actually one of the few states where DBA names are protected, so if there is already a DBA registered under a particular name, generally the Secretary of State will not approve and file the name as a corporation or LLC.
Thanks for reading and commenting on my post!
-Nellie
Alex
We have an LLC with one name… let’s call it… Making Product, LLC. We have a website makeproduct.com. Is it ok to register business name as Making Product but still have the makeproduct.com site? Or do we need to register the name Make Product as our DBA?
Hi Alex,
Great question. If the business is going by any name differing from the full, legal business name (even if the only difference is .com), generally the business is required to file a DBA. This will allow the business owner to do business using either name, as well as accept payment made out to either name. If you need any further assistance, please feel free to contact my co CorpNet – we specialize in filing DBAs! Ask directly for Katie Hendrix 888-449-2638 x110
Thanks
-Nellie
Brooke
Hi! Do I need to file for a DBA if my website name doesn’t have LLC at the end of it? Ex… If I am selling online under JohnsShoes.com but my LLC name is JohnsShoesLLC, will I need to have a DBA just to have the website name be different even if I add the LLC in the company info on the site and attach it to every order, bank account name, etc.? (Just using JohnsShoes.com as an example- not my business name!) Thank you!
-Brooke
Hi Brooke,
Great question. Generally, if a business is doing business as / advertising as any name other than their full legal business name, even if it’s only a slight variation, they are required to file a DBA. If you have further questions or concerns, please feel free to contact my co, as we offer free business consultations. Ask directly for Katie Hendrix 888-449-2638 x110
Thanks!
-Nellie
Joanne
Thank you for your article. I am beginning to sell through Amazon and had a question about the “screen” name and registration with the clerk of courts office…
I plan to list my LLC as the legal entity, but my screen name on Amazon will be different.
When I register my DBA with the clerk’s office, do I use the LLC name? Some have told me that the Amazon screen name is just that, a screen name. But the legal entity listed with Amazon is the LLC, so that is what I should register with the clerk’s office. Just a bit confused about this and would like clarification.
Thank you.
Hi Joanne,
Typically a DBA is only required when a business owner will be doing business as/advertising as/accepting payment as a name other than the full, legal LLC name. I can’t think of a situation where it would be necessary to file a DBA with the same as the LLC. As far as the screen name, will you be accepting payment made out to that name, or advertising your business as such? If so, a DBA is generally required.
-Nellie
Joanne
Thanks Nellie for your response. I won’t be advertising or accepting checks in the “screen” name. Plan to set up the bank account with the official LLC name for Amazon payments. So if that’s the case, it sounds like I should register with the clerk of courts with my official LLC name…unless of course I want to protect the “screen” name for future endeavors within the state? Hope that makes sense. Thank you again for your time and consideration.
Hi Joanne,
If you will not be doing business as your screen name, and you are not concerned about protecting it, it probably is not necessary. If in the future it becomes something you want to get registered, you can always do so at a later date. Hope that helps! 🙂
Joanne
Thank you so much for your guidance. I appreciate it!
No problem! Thank you for reading and commenting on my post!
Robert
We have an electrical contracting company In suffolk county ny. The current company is a c corp. we have filed a DBA under an other name in order to have a second bank account under another name. Do we have to change the name on the electrical license for the DBA. Thank you for your help.
Hi Robert,
Licenses are filed on such a local level, so every city/county will have different requirements. I would recommend contacting the city/county office you obtained the license through to inquire on whether or not you will need to submit a change. Hope that helps!
-Nellie
Staci
I hope this hasn’t already been answered. I started my business in Sept. 2011, but I didn’t file for a tax ID until sometime in 2012. I have not done a DBA still. I would like to do it soon, but am I going to get some kind of penalty for waiting so long? I realize this was a bad decision, but I didn’t really know how important it was back then, and it was just an added expense that I couldn’t afford. Thanks for your help! It’s a sole proprietorship by the way.
Hi Staci,
Great question. A DBA can be filed at any point during the life of the business. My company actually assists with filing DBAs and also offers free business consultation. Please feel free to contact Katie Hendrix in my office and she’d be happy to answer any questions you have, and even help you get your DBA registered! 888-449-2638 x110.
Thanks!
-Nellie
suzana
I opened an LLC in 2006 and I register DBA for hotel I run, Do I need to register another DBA for cleaning business and keep same LLC or should I open another LLC and then register DBA
Thank you
Hi Suzana,
Great question. Typically, this can be done either way. Many business owners will opt to have multiple LLCs rather than multiple DBAs underneath a single LLC, in order to keep them separate and add another layer of protection. If you have any other questions, or would like assistance setting up another LLC (or DBA), please contact my office for a free business consultation. 888-449-2638, and you can ask for Katie Hendrix at extension 110.
suzana
Thank you Nellie.
Suzana
michelle
Hi I have a question. My boyfriend wants to open up his own business and he would like for it to be named after himself. His first name and middle name. Such as Michael Anthony. Now can he do this without filing for a LLC or can it just be a DBA? How would you go about this if it’s the person’s name and the need to open wholesale accounts with other businesses.. And does it matter if he adds an apostrophe S. Like Michael Anthony’s?
Hi Michelle,
Good question. He would be able to set this up as either a DBA or LLC (or even a corporation, if he prefers). Many people don’t go the route of the DBA, simply because it does not offer liability protection like the corporation or LLC does. As far as the apostrophe, it’s really up to his preference. It won’t make a difference as far as name availability. If you or he have any other questions, or would like assistance setting up the company, please contact my office for a free business consultation. 888-449-2638, and you can ask for Katie Hendrix at extension 110.
Dave
I haven’t seen this question yet, and it applies to me. Can 2 businesses have the same DBAs in the same county if they are two different types of business? Using someone else’s example… Can one LLC have the DBA “Sports Fan” for their online ticket vending service, while a different LLC has a DBA “Sports Fan” for a bar & grill (as an example)?
Hi Dave,
Great question! In most states yes, two different businesses can have the same name for a DBA. There are a handful of states however that will not allow this. My company assists in filing DBAs and can check the name availability for you at no cost. Just give my office a call at 888-449-2638 x110, and ask for Katie Hendrix at extension 110. She’d be happy to offer you a free business consultation.
-Nellie
Nina
Hello Nellie
I already have my DBA and it will be expired pretty soon. I would like to extend but cannot find document number to prove it’s my DBA. Would you please advice where to find the document number of the DBA? DO I have to go to the office? In that case, what I should take there?
Thank you!
Nina
Hi Nina,
Thank you for your question. It would really depend on the state/county your DBA is registered in. Please feel free to contact my office for a free business consultation and we’d be happy to help you locate this number. 888-449-2638 x110.
-Nellie
Mark
Hi Nellie,
I formed an LLC for my remodeling business, Carpentry & More, LLC. I have opened a bank account for the business at the bank that I have banked at for years. A DBA wasn’t required. Do I (individual), Mark E needed to file a DBA for myself doing business as Carpentry & More, LLC?
Thanks,
Mark
Hi Mark,
Great question. Generally, a DBA will only be required if the LLC will be doing business using any other name other than the full, legal LLC name. A DBA with the same name as the LLC is unnecessary. If you have any other questions, please feel free to call my office for a free business consultation. You can call Katie Hendrix at 888-449-2638 x110.
Alberto
Maybe this is a dumb question, I own an LLC, Let’s say ABC LLC, if I want to market it as just ABC (without the LLC following it on the logo or anything like that). Do I still have to file for a DBA since I’m omitting the LLC part?
Hi Alberto,
No such thing as a ‘dumb’ question! 🙂
Generally, it’s required to file a DBA in order to use ANY name other than the FULL, legal name of the LLC. (Even if it’s just dropping the corporate indicator “LLC”.) If you have any other questions or would like assistance with filing a DBA, please give Katie Hendrix in my office a call at 888-449-2638 x110.
Thanks!
-Nellie
Sahmantha
I am trying to start a business in CA. I want it to be a DBA. My problem is that I live in an apt and the apt contract, like most, says I can’t have a business at the address. My business will be tutoring people in their own home, so I won’t be doing any business of any kind in my apt. Since it is a service business I won’t even have any product stored there either. The application for any type of business in CA, DBA included, requires a physical business address and says it will not accept PO boxes or any PMB (like Mailboxes Etc that give a physical address). Can I really not use my apt address if I am not even using my apt for anything? Also would zoning laws apply even if I am not using my apt to conduct any type of business? What do other people who live in apts do? I can’t be the only person who lives in an apt and wants to own a small business.
Thanks
Hi Sahmantha,
Great question. I would suggest speaking with a manager in your apartment complex to get some clarification. They may allow you to use their address for the business address on file as long as you are not physically conducting business on their premises. Otherwise, there are some services that will be able to provide you with a physical address you can use for a fee. If you have any other questions or would like assistance in setting up your DBA, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Luke G
Can a LLC come and operate in the same county as me if I already have a sole proprietor dba registered with the county clerk. We both have the same names, they have an assumed name under an LLC and I just have a dba with the county clerk.
We both operate the same type of business that offers the same goods, we are in Michigan.
Hi Luke,
In most states, DBA names are not protected, meaning that the name is generally always available as a DBA (even if it’s already filed as a corporation, LLC, or even another DBA.) So potentially there could be an LLC and a DBA operating under the same name. If you have any other questions, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Dennis a
Hey Nellie
I have a construction company in ca and run as sole proprietor. But have 3 sons all who will be working for the company and was wondering what is the best way to protect the company and preserve and add them to the license. I was told a llc would be best and would also protect me from harmful situations personally. Our labor force is union but my sons will not be. Workmans comp wants me to pay into for them for license is not written up that way. Can you please assist on what would be good for us thanx your so kind and very knowledgable thanx dennis!!!
Hi Dennis,
Thank you for your question. Ultimately of course it’s your decision as to what entity type to choose, however the LLC is generally the most popular option for small businesses. It offers liability protection, like a corporation does, but it does not need to comply with many of the formalities/maintenance requirements that a corporation does. If you have any other questions or seek further guidance, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Vanessa
I am starting up a magazine and need to know which type of assumed name certificate I should get to do this? If I expand my magazine to also t shirts and other merchandise do I need a certain type of certificate?
Hi Vanessa,
How you structure your business is ultimately up to you. I find that LLCs tend to be the most popular option because they not only offer liability protection, but are quite simple to maintain. If you have any additional questions, or would like a free business consultation, please contact Katie Hendrix in my office at 888-449-2638 x110.
Robert Murillo
Hi Nellie! I am preparing to open a bar in my county (Riverside, Ca). A requirement for the Fictitious Business Name paperwork is the location of my business. I won’t know the location until I have licensing and other items taken care of first. Is it possible to use my current living address on the form? I don’t want to purchase or lease a building until I know I’ll have the licenses required.
Hi Robert,
Yes, if you haven’t purchased/leased your business address quite yet, you can use your home address as the business address for the time being. The state/county will just need a valid address on file. If you have any other questions, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
dylan
Hello,
I want to start an LLC with my name ie: dylan enterprises llc. does DBA allow me to create multiple businesses, though different in nature from each other? for example if I wanted to do a DBA for a company that distributed camp products, then a DBA for company that provides promotional products, and then a DBA for a company that provides advertising space. Is that possible?
Hi Dylan,
Generally, yes. A DBA can be created underneath an existing corporation or LLC regardless of the nature of the business. If you have any further questions or would like assistance in filing your LLC and/or DBAs, please give Katie Hendrix in my office a call for a free business consultation at 888-449-2638 x110.
Latoya
Hello how do you file for a day I have filed my assumed name but I’m trying to really get my business starting an I want to open a business account so I need to get all the proper paperwork my status is sole properties what’s my next step ?
Latoya
Sorry sole proprietor typing to fast
Hi Latoya,
Are you currently registered as a sole proprietorship and want to transition into a corporation or LLC? My company can absolutely assist you with filing all the necessary paperwork. Please just call our office for a free business consultation and we can help you get started: 888-449-2638. Ask for Katie Hendrix.
Thank you!
-Nellie
Indira
I submitted a dba form online for colorado and now what do i do. Is there a document that comes in the mail. It didnt really outline what is next how can i go to the bank.
Hi Indira,
How long ago did you submit the form? DBA filings can often take up to 4-6 weeks. Once everything has been approved, they should be mailing your documents back to you. If you have any other questions, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Nat
Hello,
I am an entrepreneur, my company sells tutoring services online. I incorporated a corporation in Delaware for my online business in August 2013, with a completely different name from the one of my website. My first sales where in 2014, with the name of my website. Those sales were not significant, as we were just evaluating the market, but should I worry about those? What can I do to fix that?
Now that I know about DBAs I want to get one, but from what county? I live in Indiana, but I’ve been told I don’t need to register here because my company has no employees, all transactions and businesses are conducted online, and because we don’t charge a sales tax. So, if it’s not from the county I live in, where should I get my DBA from?
Thank you
Hi Nat,
Generally the DBA will need to be registered in the state where the corporation is filed. As far as what county to file the DBA in, it’s based off of what county the registered agent of the corporation is located in. If you have any additional questions or need assistance with filing your DBA, please call Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Janice
I have an LLC and have also filed a DBA. I know I can use the DBA for advertising, but what about invoices and statements? Do I need to put the legal name and trade name or just the trade name?
Thanks!
Hi Janice,
I would probably recommend speaking with an attorney to find out exactly which name needs to be used in which specific situations, however generally when a DBA is filed either the LLC or DBA name can be used. Think of the DBA as a nickname for the LLC. If you have any other questions, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
I have 2 seperate LLC’s but they both run under each other in the same building can I make one of them DBA?
Do I need to file seperte taxes on the DBA?
Thanks for your time,
Jan
Hi Jan,
Unfortunately there isn’t really a way to convert an LLC into a DBA. In order to do this, the LLC will need to be dissolved and refiled as a DBA. As far as taxes, I would definitely recommend speaking with an accountant or CPA as every situation/state is different, and a tax professional would best be able to guide you. If you have any other questions, please feel free to call Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Hello,
I run a small, side business filming weddings and such. My business name is Ty Albers Videography. I am in the state of Florida. Am I required to get a DBA?
Hi Tyler,
Generally, in order for a business to have the rights to a business name, they are required to file a corporation, LLC, or DBA. Otherwise, there is no name protection. Additionally, without a corporation or LLC there is no liability protection. If you have any other questions, or if you’d like assistance with getting your business registered, please contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Kaseem Williams
Hi I want to open a cleaning company using the name Williams Cleaning Co. Do I have to file a DBA for using my last name?
Hi Kaseem,
Generally a DBA (or corporation or LLC) is required in order to have the rights to use a business name, regardless of whether your name is a part of the business name or not. If you have any other questions or would like assistance with filing your DBA, please contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Jeremy
Hello,
My wife has an insurance agency in her name (LLC) that we both work at. We are thinking of opening a DBA and taking on a partner. I assume we would need to get a new tax ID, as well as a DBA but I am wondering if a DBA is the best way to go about doing it or should we just open a new business all together.
Thank you,
Jeremy
Hi Jeremy,
You have several options. I would recommend calling Katie Hendrix in my office for a free business consultation, and she can explain each one to you in detail. She can be reached at 888-449-2638 x110. If you do end up filing a DBA underneath the LLC, the DBA will operate under the Tax ID of the LLC and will not require its own.
Steve
Hi Nellie,
Thanks for providing this great resource.
My question is in regards to receiving payments.
Can I have payments for my two DBAs made out to my LLC?
The reason for this is because I only want one bank account.
Thanks for your time and response.
All the best,
Steve
Hi Steve,
I would recommend speaking with an accountant or CPA as DBAs in different states & counties have different requirements. They would be best suited to assist you with this inquiry as they are most likely familiar with the requirements in your specific area. You are always welcome to call our office for a free business consultation as well, at 888-449-2638.
Steve
Thanks, Nellie. I appreciate the guidance.
My pleasure! Thank you for reading and commenting!
Marcy Gordon
Hello–
I formed a LLC for a business but now for reasons of simplicity would like to dissolve the LLC as the nature of the business does not need that level of liability protection– but I want to continue the business as DBA.
Is that possible? How is that done? Can I change from one to another and keep the existing bank account or will that entail opening a new account under the DBA with a new EIN ?
I would like to avoid a disruption of business in the switchover.
Thank you–
Hi Marcy,
Great question! Unfortunately, there isn’t really a straightforward way of converting an LLC into a DBA. The LLC would need to be dissolved and a DBA would be filed in its place. If you have any other questions or would like assistance in dissolving your LLC and/or filing your DBA, please feel free to call Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Chris
Thank you for the article!
If I am selling stuff through another website like amazon or ebay does my seller profile need to be registered as a fictitious name?
Thanks!
Chris
Hi Chris,
I would recommend speaking with an attorney, as a law professional would best be able to advise you as to whether or not you will be required to register. If you need any assistance with filing a DBA (or fictitious business name), please feel free to call Katie Hendrix in my office for a free business consultation at 888-449-2639 x110.
John Q International
Using DBAs to save on costs is particularly retarded! I laughed when I read that! I can’t believe the author is an attorney. All business activities should be done through separate operating LLCs. No assets of value should be held in those LLCs. Equipment, real-estate, domains, IP, and other assets can be leased or licensed back to the operating LLCs from sister LLCs. All operating LLCs and sister LLCs need to be owned by a holdings structure. For thermonuclear protection, the holdings structure should consist of another LLC formed in Belize with a Cook Islands trust as its member. To protect against nuclear fallout and for a stealthier profile, all entities should maintain foreign bank accounts in secrecy jurisdictions. By doing so, private investigators won’t be able to figure out how much cash is in the structure. If possible, ALL of the LLCs should be formed in foreign jurisdictions too. Domestic LLCs are horrible, domestic (meaning within the reach of a US Judge), and provide few anti-creditor features. For example, the Belize foreign LLC act provides that a creditor must first deposit an amount equal to half of the amount claimed or fifty-thousand dollars, whichever is greater, to the supreme court registry before proceeding with a lawsuit. How many butt-head ambulance chasers will attempt to pursue an entity like that? Not many! As you can see, there is a half-assed way to form a corporate structure and a way to form one correctly.
Hi John –
Thanks for reading the post and commenting.
Stephen
Nellie, thank you for posting such informative advice with such clarity and patience.
I am registering a new research/consulting business in PA as (let’s call it) Center for Investigating and Pondering Incredible Stuff, LLC. With such a ponderous name, I will also file a fictitious name, CIPIS. I also will have a domain name cipis.org — for information and contact, not for selling. I want the business to commonly go by the name CIPIS — much like IBM is used for International Business Machines, Inc. I also want to use “Center for Investigating and Pondering Incredible Stuff” without the “LLC,” so I should register a dba for that, as you advise.
After reading your comments, I understand that I do not need a dba “CIPIS, LLC.” Rather, the names “CIPIS” and “Center for Investigating and Pondering Incredible Stuff” will do. Is this correct?
Secondly, as the actual business will be more serious and will seek Small Business Innovation Research (SBIR) grants, I will hopefully be getting work from agencies in DC or elsewhere, and, likely, publishing work in journals. For these reasons, I want to get federal trademarks for “CIPIS” and “Center for Investigating and Pondering Incredible Stuff.” I presume that I do not need to include “LLC” in any name trademarks. Is this also correct?
Finally, does getting grants from DC really mean I should register the fictitious names there? I’ll be delivering work to DC, but will be receiving funds to my business in PA — and the fictitious names will (hopefully) be allowed trademarks, anyway.
Thanks again,
Stephen
Hi Stephen,
That is correct. Generally, it will be required to file a DBA or DBAs when using ANY name that varies from the full, legal business name of the LLC. The DBAs will need to be registered in the same state as the LLC (which generally will be filed in whichever state the business address is located.) As far as the trademarks are concerned, they do not necessarily have to match exactly (or at all) to the name of the LLC.
Thanks for reading and commenting!
Ashley
Hello,
If I am already planning on getting an LLC for my business. Can I get my DBA first and then move it under my LLC after. Or do I need to obtain my LLC first and then file my DBA underneath it?
Thank you in advance for your help!
Hi Ashley,
Great question. Generally the LLC would need to be filed first, as it will ultimately be owning the DBA. When filing a DBA, it is required to list the owner of the entity (which in this case would be the LLC.) If you have any other questions or need assistance with these filings, please feel free to call Katie in my office for a free business consultation at 888-449-2638 x110.
Laura
Hi,
I started selling a number of perfumes soley on eBay that I collected over the past 20+ years and already have about $15k in sales this year and my only form of payment from customers is via PayPal and I have set up a paypal business account which has a business name of Lucky One and then all of my person info and is linked to my personal BofA char king account. do I need to file for a DBA under the same business name I have with PayPal? If so am I going to get in trouble when filing the DBA since I have already been using it for a few months now?
Thanks for the reply:)
Ps: I am planning on filing and paying taxes as a Sole Proprietor.
Hi Laura,
It’s generally required to file a DBA (or corporation or LLC) in order to do business using a specific name. This will allow you to conduct business under that name, as well as open a bank account under that name. If you have any additional questions or would like assistance with filing a DBA, please feel to contact Katie Hendrix in my office for a free business consultation at 888-449-2638.
Stephen Brady
Nellie, thank you for your helpfulness. Please answer a couple questions, if you will:
I have registered my single-owner LLC in Pennsylvania. Let’s call it “The Entity, LLC.” Now, it is time to register the fictitious name, say, “InCognito.”
Our fictitious name form in PA has two sections: one that asks for all individuals interested in the business receiving the fictitious name, and another that asks for the entities interested in the business.
1) Do I use both the individual and entity sections? It is The Entity, LLC, that is to do business as InCognito, so that should clearly be given. But, do I, as owner of The Entity, LLC, also put myself down as an interested *individual*? I was thinking that my individual identity was being distanced from the business when I established the LLC. Registering both is no problem at all; I just don’t know if the individual section would cloud things.
2) I understand that I must also advertise the fictitious name in two newspapers/journals here. As above, I am confused as to whether I should list my individual name as well as the LLC name in the ads as being interested parties. Is it wise to just advertise The Entity, LLC’s connection to the fictitious name InCognito? Should I use my own name, also? (Actually, am I even required to advertise if it’s the LLC that will be using the fictitious name? Someone wrote that only individuals needed to advertise, but that was an isolated opinion repeated nowhere else…)
Thanks again,
Steve
Hi Stephen,
Great question. DBAs, or fictitious name filings, can be quite tricky. My company CorpNet does assist with these filings and we’d be happy to provide you with a free consultation over the phone. Please feel free to contact Katie Hendrix in my office at 888-449-2638 x110.
Felicia
If I have an online business is a DBA Enough?
Hi Felicia,
Thank you for your question. Whether a DBA is enough for your business really depends on what you’re looking for. Is liability protection or name protection important to you? DBAs generally do not offer this type of protection. I would recommend contacting Katie in my office for a free business consultation at 888-449-2638 x110, and she will be able to discuss your options with you.
Adriana
I have an LLC but will be setting up an ecommerce retail website. The website will not have the same name as the LLC so I know I have to set up a DBA. My question is, since I hope to sell nationally do I have to set up the DBA for my LLC in each state or will just the state I incorporated in do?
Hi Adriana,
Generally if a DBA is filed underneath an LLC, it will need to be registered in the same state that the LLC is. If you have any other questions or would like assistance in filing your DBA, please feel free to contact Katie in my office for a free business consultation at 888-449-2638 x110.
Phong
Hi, I have a Nevada LLC owning rental property in Hidalgo County, Texas. I’m assuming I need to file a DBA in Hidalgo County and Texas because that’s where the property is located. Is that correct? Do I need to file a DBA in Clark County (Nevada) and Nevada also? What do I use as the business address on the DBA form–the property address in Texas or the address of the LLC in Las Vegas?
Any help would be appreciated and I love your responses! Thanks.
Hi Phong,
Is your business operating under a different name other the LLC name? This is usually the reason a DBA would be needed. Generally if a business is operating in a state other than the filing state, a foreign qualification is required (rather than a DBA). If you have any further questions, or if you would like any assistance in filing a foreign qualification, please feel free to contact Katie Hendrix in my office for a free business consultation at 888-449-2638 x110.
Allan
Hello Nellie
We currently have XYZ Inc, dba ABC. I’d like to switch everything over to ABC Inc. Would a new dba filing be required.
We are an architecture firm with a S-corp in California. ABC has previously been filed… just not ABC Inc.
Thanks in advance for any help.
Hi Allan,
You have a couple options here – one is to change the name of XYZ Inc. to ABC Inc. by filing an amendment. The other option is to file ABC Inc. as a brand new corporation. Unfortunately, the term “Inc.” cannot be used when filing a DBA. If you have any other questions, or would like assistance in filing an amendment, corporation, or DBA, please contact Katie Hendrix in my office at 888.449.2638 x110, and she will be happy to help!
lore cruz
If a business takes the name of both partners like “Kramer & Kramer- Attorneys at Law”, which are husband and wife, and the business is a Corporation or LLC, do they need to file a Fictitious Business Name?
Hi Iore – Great question. A DBA is generally required only if the company will do business as, advertise as, or accept payments as any name other than the full, legal corporation/LLC name. If you have any other questions or would like assistance filing a DBA, please contact Katie Hendrix in my office at 888-449-2638 x110.
Chris
Hi great section very informative, my question is this: If if want to start a company called Clark Locksmith do I need a DBA seeing as my last name is Clark? and im opening a locksmith shop
Hi Chris,
You have several options as to how to structure your business. It could be a corporation, LLC, DBA, etc. If you have any additional questions, please contact Katie Hendrix in my office at 888.449.2638 x110 for a free business consultation. She can also assist you with filing your company!
Hi Chris,
I just wanted to reach out to you to see if you had started your company? I would love to assist you and answer any questions you might have. Please feel free to call me for a free consultation at 888.449.2638 x110 or email me at [email protected]
Ray
Im confused, I currently have a dba I just started. But thinking I want a llc of a different name to protect my personal assets. Can I close my dba and start a llc? Its a personal training business. Thanks
Hi Ray,
Yes absolutely! And we can assist you with that. Please feel free to contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110 for a free business consultation, and she can walk you through the process!
Kay
Hi Nellie!
I am military wife with a floral and stationery business. I currently operate under a DBA but would like the protection of an LLC for my business going forward. I am a bit confused/concerned about filing for a DBA in each state/county that we may live and wondered how I could go about establishing the LLC properly seeing that our current address/state location will not be the same in a few years.
Any advice for what to do and/ or where to file for the LLC distinction?
Hi Kay,
Usually, an LLC will only be required to be filed in the state where the business is physically located. Please feel free to contact Katie Hendrix in my office at 888.449.2638 x110 for a free business consultation. She’d be happy to go over your options with you, and can even assist you with your filings!
Marie
Hello Nellie,
I saw your site and I was hoping that you could help me answering some of my question
First I was working as a caregiver under the angency and giving me a 1099, now the agency is asking me for DBA. Does a caregiver is a business that I need to file a DBA. Does DBA can hurt me or gives some kind of protection in anyways. And one more thing if I file my DBA do I also need to file a seperate bank acct.
Hi Marie,
Generally a DBA does not offer liability protection for the business owner(s). Please feel free to contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110. She would be happy to outline your options for you, as well as answer any additional questions you may have.
Paty
Hi Nellie, I would like.to know if I could file DBA for a non profit university under my non profit corp church that is already registered in Texas, in order for me to run it here in CA,
For example the University in texas is. Christian University ss and my church corp non profit is Power kingdom. If I file the dba Christian University ss under Power Kingdom what does it mean legally speaking, I am assuming that all the responsability goes for Power Kingdom, right?
Please help to decide whats the right way to bring this University to my church without been our responsability.
Does the Founder of that University suppose to register his University here in CA
Paty
Do I need a dba for a womans ministry that is part of our non profit church in order to have a separate bank account and advertise this ministry and get funds from members. Or do I need to file another Corporation non profit. Or do I file with the state a chapter of the church?
And if I could file dba at county level or state level in CA
Hi Paty,
Great questions. Because your situation is so specific, I would urge you to contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110. She can assist you with outlining all your options, as well as assisting you with the filings.
Eric
Hi Nellie,
I have started a LLC with a friend and we want to start a website and file for a DBA under the domain name and the name without the “.com”. Because it is an website, and we are accessible in all 50 states, do we have to file a DBA in all 50 states? Transactions can occur anywhere, but does that matter or do we just need to file a DBA in the state in which we filed our LLC?
Thanks!!!
Eric
Hi Eric,
Generally, the DBA would only need to be registered in the state where the LLC is filed. If you have questions regarding this matter, or would like assistance with filing your DBA(s), please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
Katherine Lozinak
Myself and my two brothers have inherited a building that has three tenants. I opened a checking account with our last name with the word Apartments after the last name. The bank wants a fictitious name certificate. My argument is that the name is not fictitious, it’s our actual name. We are in Pennsylvania. Do you know the rules?
Hi Katherine,
Do you have this business registered with your state? In order to open a business account the bank will need to see either your corporation/LLC documents. If the name is not registered as a corporation or LLC, it will need to be filed as a fictitious name or DBA in order to open a business account. If you need assistance with these filings, or have any further questions, please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
Mike Wallace
Hi!
I created an LLC a few months ago “Mikes Enterprises LLC”, now I want to start an advertising company as well “Mikes Advertising”. I understand that I can create the advertising company as an DBA under the umbrella of the LLC. The question I have would be for liability. Would the DBA be protected under my LLC (as far as liability,lawsuits etc)
Hi Mike,
Great question. When a DBA is filed under a corporation or LLC (rather than just a stand-alone sole proprietorship), the DBA is protected under that entity. If you would like assistance with filing your DBA or have any additional questions, please contact Katie Hendrix in my office at 888.449.2638 x110.
Melissa C.
Hi There,
I am an educational consultant. I use my name on all documents/contracts and clients pay me by check to my own name. If I want to set up a website or use a different name on social media (example: Central MA Consulting”), do I need to file a DBA? even though money will never be exchanged to that label? Thanks!
Hi Melissa,
Generally a DBA is required in order to operate using a particular business name. Without filing a corporation, LLC, DBA, etc., there are no rights to the name. If you would like assistance with filing your DBA or have any additional questions, please contact Katie Hendrix in my office at 888.449.2638 x110.
Liz Terjo
My daughter just turned 18 and will be attending college in fall. She will be working with a company over the summer going to different city halls picking up transportation permits for them. The company is asking for her to get a DBA. will that affect her in any way? Why is company asking for DBA.
Hi Liz,
Thank you for your question. This could be for a number of reasons. It may be beneficial for you or your daughter to contact Katie Hendrix in my office for a free business consultation, so she can get a little more information from you. She would be happy to assist you with your questions, and she can even file the DBA for your daughter. Please contact her at 888.449.2638 x110 or by email at [email protected]
Muna
eCommerce business.
Thank you for answering all the posted questions, this helps us all gain much need knowledge
My question which is more of a legal question and hopefully your can provide some insight.
Holding company – ABC Corp inc.301K in revenue
DBA – widgets.com – 100k in bank account
DBA – concrete.com – 200k in bank account
DBA – hoverboards.com – 1k in bank account
customer buys a hoverboard that ignites and the customer sues
will the holding company be liable ??
Hi Muna,
Being that your question does delve into the realm of legal advice, I would definitely recommend speaking directly with an attorney. If there’s anything else we can be of assistance with, please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110 or by email at [email protected]
Muna
Thanks, and i found the answer
Yes all DBA’s under the holding company can be liable for each other and even the parent company can be pulled in
The best approach is individual LLC’s or S- corps or a Series LLC to limit liability to each entity only.
Parent LLC
– Child1 LLC
– Child2 LLC
– etc
Carmen
I had my bussines in Mexio recently move to USA because I got married, I wanted to start my bakery bussines in San Diego, without telling me my husband bougth the DBA of my bussines under his name only, Im confused, how can that affect me in the future?
Hi Carmen,
I think it would help to get a little bit more information about your particular situation in order to assist you with this question. Please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110, and she would be happy to assist you!
vnthony
I run a restaurant without file dba, my llc and restaurant named was different. Is that illegal? what is the consequency of that?
now someone took over the restaurant with same name.
should I or them to file dba for restaurant named?
thank you
Hi Anthony,
I would recommend speaking with an attorney in regards to any legal questions, as they would best be able to assist you. Generally speaking, a DBA is usually required if the company is doing business using any name other than the full, legal LLC name. If you would like assistance with filing a DBA, please contact Katie Hendrix in my office at 888.449.2638 x110.
elizabeth
Hi I was wondering if i need to get a DBA for a LLC in California. i wish to use the initials of my business in the logo and also perhaps when interacting or doing business with clients. for example if my company is bobs fish and tackle can i then use B.F.T. without filing a DBA?
Hi Elizabeth,
This is a very common concern for business owners. Generally, a DBA would be required if the company is doing business using any name other than the full, legal business name (this does typically include initials.) If you have any further questions or would like assistance with filing your DBA, please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110, or she can be reached via email at [email protected]
deanna
I want to start instructing parent education classes and also infant massage. Now I am going to be doing the instruction at another person’s place of business, however I would like to have my own business name as well. Do i have to file a DBA or an LLC? This is all so confusing. Also, it would just be myself doing the instructing and business.
Hi Deanna,
In most cases, a business owner can choose whichever entity type they’d like – however there are pros and cons to each entity type. Keep in mind that a DBA does not offer any sort of liability protection, whereas an LLC does. If you have any further questions or would like assistance with registering your LLC or DBA, please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
After you receive your approved DBA, who needs to be contacted with this new Information?
Hi Tina,
Is this a DBA filed underneath an existing corporation or LLC? If so, you will want to inform your bank so that the business may start accepting payments using either business name. If you have any further questions, please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
Quee
I filed a DBA today for an online business and thinking I should have registered the name as an LLC. Can I keep the DBA and file a trademark name as an LLC and add the DBA to it? Will the name of the DBA be protected under the LLC, (can someone steal the name of the DBA even if it’s registered under the LLC)?
Or should I cancel the DBA and file the online business name as an LLC instead? Sorry if this sounds confusing.
Thanks for your help
Hi Quee.
This is a multi-step process and you will actually have a few options as to how to structure this. Please feel free to contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110, and she will be happy to discuss your options with you.
David
If I have a sole prop with a DBA for it named XYZ company that sells products online and then I create my own brand of products say ABC products that are sold on my site. Does the brand ABC products also need to have a DBA registered?
Thanks!
Hi David,
Have you registered an LLC? If so, we find that most business owners prefer to have their checks written out to their LLC. If you have any questions, or would like assistance with filing an LLC, please feel free to contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
Sheri
Can someone find out who the owner of a DBA is after the publication? Is it a matter of public record?
Hi Sheri,
Yes, generally information regarding a DBA, including the owner(s), is public record. This may vary depending on the specific county the DBA is registered in. If you have any further questions regarding filing a DBA, please feel free to contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
Laura
Hi, Nellie! Thank you for your helpful article. I own and operate a blog, as well as an online Etsy shop that I hope to move over to my own e-commerce site in the future. The blog name is Laura’s Crafty Life (www.laurascraftylife.com). The Etsy shop is Laura Silva Designs. For now, I am operating as a sole proprietor. When I file my DBA for the blog do I file as “Laura’s Crafty Life” or “laurascraftylife.com”? And since the online store is my name, do I still need a DBA for “Laura Silva Designs”? Thanks so much for any help you can provide me with.
Hi Laura,
Generally, a DBA will need to be filed for every variation of a business name that will be used, including .com’s. For this reason, many businesses will need to file multiple DBAs. If you’d like assistance with filing these DBAs, or have any additional questions, please contact Katie Hendrix in my office for a free business consultation at 888.449.2638 x110.
Kelly
Hi Nellie! I would really appreciate your advice. I am planning to start my own business as a life coach. I am in a bit of a weird situation. I have been horrifically stalked in the past and live in a bad neighborhood, so I am wondering if I should file a DBA to protect my Identity? I am concerned that doing bushiness under my full legal name will do more harm than good. Should/could I file a DBA? For example, could my DBA be my first real name and a fictitious last name? “Kelly Smith life coach”. If you have any other advice for me, I would greatly appreciate it. Thanks in advance.
Hi Kelly,
Thank you for your question. I would recommend contacting Katie in my office for a free business consultation. She can outline a few different options for you and assist you with the filing when you decide which option works best for you. She can be reached directly at 888.449.2638 x110.
Hello,
I’m starting a freelance writing business and opening shop under my own name. According to the article, I don’t need to file for a DBA. If I want legal protections, would I need to register an LLC? If I register an LLC, can it be a different name than my surname?
Thank you,
Paula
Hi Paula,
Thanks so much for reading and commenting! Generally speaking, LLCs and Corporations do provide liability protection where a DBA does not, so if that is something you are looking for, an LLC or Corporation may be the way to go. Additionally, the LLC name can be anything you choose as long as the name is available in your state. My team would be more than happy to check name availability for you through our website or you can call one of my Business Consultants at (888) 449-2638. Thanks!
Ahmed S. Owainat
I owned Home Fashion Expo inc. I had contractor license before , but the qualifier did cancel the license without notice . Now I am engineer & too old to follow & be the qualifier . I have one contractor guy he had license before & he retire & he will allow me to activate his license & use it as DBA . Can I & how ? Thank you foe your help .
Hi Ahmed,
Thanks so much for reaching out. I would recommend reaching out to the licensing board in your area to find out specific information for how you can go about this and what exactly you need to do. If you have any further questions, you are more than welcome to contact my office at (888) 449-2638. Thanks so much!
Verneal
Hi I am the owner of a LLC company but want to start motivational speaking in my own name which is different from the LLC name. Do I need to file a DBA in my name under the LLC? I’m a little confused about that.
Hi Verneal,
Thanks so much for reading and commenting. Generally speaking, a DBA should be filed if the company is doing business in a name other than the legal name filed with the state. Additionally, individuals should file DBAs if they want to separate the business or the act of doing business from themselves as an individual. I hope this answers your questions and if you need any further assistance, please do not hesitate to contact my office at (888) 449-2638. Thanks so much!
This was a very informative article on the purpose and need of a DBA. I did not realize that filing a DBA could bring so many benefits apart from the legality of it. It makes sense, though, that filing a DBA is required to open a bank account, as you mentioned. I will be sure to keep this all in mind for future reference! Thanks for sharing the easy to understand article!
Thank you, Annika. Glad the information was helpful!
loy garcia
Hello i found one page,smallbiztrends.com and read one page and your email coming across,one quick question.
I have a DBA on Houston Tx but we are open a business on Houston and on the future i want to open on Dallas and more states of Texas,are ok with the dba and EIN?
Thanks so much for the help and have nice night
Hi Loy,
Thanks so much for reading and commenting. As you know, I cannot provide legal, tax or financial advice. However, since DBAs are not protected in the state of Texas, they can be formed in any county, under any name, at any time. Additionally, when EINs are obtained under a sole proprietor with the IRS, they can be used for several different DBAs as they are associated with the person rather than that specific DBA. I hope this helps answer your questions but if you need any further assistance, please don’t hesitate to reach out to Talia, one of my Business Consultants, at (888) 449-2638. Thanks so much and we look forward to hearing from you!
Tessa
I am interested in getting a Professional Limited Liability Company (PLLC) under which I will have a counseling/therapy practice. As mentioned in the article, you can form an LLC (I’m assuming this also includes PLLC’s) and then operate multiple DBA’s under it. I wanted to know if I have a PLLC, can I have DBA’s that don’t necessarily offer services that require state-issued professional licenses? For example, I have my PLLC and under it, I have my counseling practice and then I decided I want to start a community center and a website with job search services which don’t require any type of professions licenses, are these types of non-professional businesses/services permissible under a PLLC? I live in Texas by the way if that makes a difference.
Hi Tessa,
Thank you so much for reading and commenting. As you know, I am unable to provide any legal advice so I are unable to give any information specific to your situation. However, for general information about PLLC’s and DBA’s, please give Milton in my office a call at (888) 449-2638 ext 104 and he would be more than happy to assist you.
ACCTMGR
If we are conducting business under a Corporation as a DBA do we need to pull our own Business Licenses for the cities we conduct business in, if they already have licenses?
Hello,
Thanks so much for reading and commenting. Please reach out to Milton in my office at (888) 449-2638 at your earliest convenience so we can get more information and clarification on the topic at hand. He would be more than happy to answer any questions you may have and determine exactly how we can help you. Thanks so much and we look forward to hearing from you.
Avery
Hi
If we are doing business as a family a llc cleaning business do we need a DBA
Hi Avery,
Thanks so much for reading and commenting. As you know, I can’t give any legal, tax or financial advice so am unable to speak to your specific situation. However, a DBA is never required per say. A DBA is used as a nickname when one wants to do business under a name other than their LLC, Corporation or individual name with the ease of distinguishing the two apart. I hope this answers your question, but if you need further clarification, please don’t hesitate to reach out to Amanda in our office at (888) 449-2638. Thanks so much and we look forward to hearing from you!
W.D.
Hello, I just moved to Brooklyn and work as a freelance publicist, formerly just under my name. Since I moved I want to file a dba and use a more professional sounding name. Still want to structure as a sole proprietor. I work from coffee shops, libraries etc. and opened a UPS mailboc for my “business address.” Can I use that UPS address on the X201 form? I do not have a “formal” office.
Hi W.D,
Thanks so much for reading and commenting. As you know, I cannot provide any legal, tax or financial advice so am unable to speak to your specific situation. However, Kings County in the state of New York does require a physical business address be listed when filing a Fictitious Business Name. The county does not accept any mail boxes or PO Boxes when used alone without a street address. However, they can be listed as a mailing address separately from the physical business address. I hope this answers your questions, but if you need any further assistance or would like us to take care of the DBA filing for you, you can reach out to Amanda at (888) 449-2638. Thanks so much and we look forward to hearing from you!
Terrence
I was advised that as a self publishing author, speaker and consultant that goes by his own name to file a DBA. I thought a DBA was to be used if you were representing yourself as anything but your legal name? To keep things legal. Can you obtain a DBA even as your legal name? Ex. can Jane doe use “Jane doe” as a dba? so that she can legally represent herself as a business?
Hi Terrence,
Thanks so much for reaching out to us in regards to this inquiry. As you know, we are unable to give any legal, tax or financial advice so we would be unable to speak to your specific situation. However generally speaking, DBAs are used to represent a small business without providing any liability protection or name protection in most states. The easiest way to think about it is the DBA is a nickname of the owner to differentiate between the individual and the business. The name of the DBA cannot be the same as the name of the owner as the county or state where the DBA is being filed would generally not approve that for security reasons. For any further information, please reach out to Amanda in our office at (888) 449-2638 ext 105 and she would be more than happy to answer any additional questions. Thanks again and we look forward to hearing from you!
Robert
This sounds good for theory, but what authority or agency could a consumer actually expect to do anything about it?
For the last few years an individual in the State of Michigan has produced scathing emails, mails, and internet post claiming to be the sole owner of two LLCs in Michigan.
Michigan records show both LLC have are “Not in good standing” since 2009.
His claims and statements are not true. i have sent registered letters asking for proof of his claims. He does not respond with anything substantial or respectful.
The State of Michigan DORA agent told me that they do not enforce an LLC or DBA. They just file paperwork.
This individual is involved and boast about running an arcade in trade shows and in his residence that brings in appropriately $80,000 a year.
The harassment is very real. Hiring a lawyer for out-of-state actions is very expensive for an elderly person.
I am just not convinced that a DBA, LLC, or taxes is actually enforced.
What agency or authority would actually provide protection for a consumer when these types of things are completely ignored?
Hi Robert,
Thank you so much for your inquiry. Unfortunately, I am not authorized to offer any legal, tax or financial advice so am unable to speak to your specific situation. To get some basic general information on similar situations, you are more than welcome to give Milton in our office a call at (888) 449-2638. We do highly recommend seeking legal advice for any situations that may concern legal aspects of businesses that we are otherwise not authorized to handle. Thank you for reaching out and we do hope you find the information you need. Have a wonderful day!
Lauren Embry
hello Nellie,
My name is Lauren and I want to start a bakery (in home) called Lauren’s Southern Treat. It is not a corporation or LLC……do I need to file a dba…. I’m so confused! Thank you
Hi Lauren,
Thank you so much for reading and commenting! It sounds like you need to hop on a call with one of your Business Filings Experts. Give Amanda Nunez in our office a call at (888) 449-2638 ext 111 and she would be more than happy to answer any questions you have and help your confusion. Thanks again and we look forward to hearing from you!
MMM
Sole Proprietor in GA and want to register my business name. I have been researching the filing process and not finding consistent information about fees. I have been told that it is a very inexpensive process and in some states people have paid as little under $20 but in GA I finding around $200 plus newspaper publishing. Am I looking in the wrong place for the fees to be of such great difference or does it just vary by state.
Hi there,
Thank you so much for reading and commenting. State fees and newspaper publications vary depending on the state and type of entity you choose. In Georgia, only Corporations are required to have a newspaper publication but it can raise the state fees significantly. To find out exactly what the state fees are in your jurisdiction of choice, please give Amanda Nunez a call at (888) 449-2638 ext 111. She would be more than happy to go over different pricing and help you get set up in your state! Thanks again and we look forward to hearing from you!
Lucy Doe, DBA Lucy's Advice
Most states do NOT require you to register a DBA. Example, Lucy Doe, DBA Lucy’s Advice
As of this writing CA and TN for example do NOT require registration of a DBA at the State level, while New Jersey does.
I am an artist that uploads graphics to sites like redbubble.com and gafepress.com There they are used to be printed on their products and I get a percentage of the sale. I also do about 2 or 3 commissions, if I am lucky, a year.
What kind of licenses would I need and would I need a DBA if I am using my middle and last name?
Hi there – I wouldn’t be able to tell you off hand what types of licenses and permits you need as it depends on a few things. My company CorpNet provides Business License compliance research packages if you are interested in that. It will help determine what types of licenses and permits your business would require. As far as the filing of the DBA, you may want to consider filing a DBA for the variation of the name you’re planning to use as the name of the business. If you want to move forward with the business license package, feel free to give us a call at 888-449-2638. Thanks!
Andrew
Thank you for the very helpful article! I am planning on starting 2 separate, dissimilar e-commerce businesses this year. I am considering creating one LLC, with 2 DBA’s. I was considering naming the two DBA’s to align with each of the separate businesses, but neither DBA would align with the LLC name. I want to go this route so I don’t have to go through the expenses of paying for two separate LLC’s… at least not until I see how successful each business venture is.
My concern is for either of the two businesses, at which point would I have to provide the LLC name of either DBA to a customer? Can I use the DBA on EVERYTHING that is customer-facing (customer receipts, website, social media pages, e-mail communications, legal documents [privacy policy, return policy, etc.], product instructions, etc.)?? Or will the LLC name have to be used on some of that? Is it of any benefit to use the LLC name instead of the DBA name on anything for either business? Can I put both DBA’s under the same LLC, and then later rename the LLC name to reflect one of the DBA names, and create a new LLC name for the other DBA? Or do I just need to bite the bullet and pay for two separate LLC’s instead, if I don’t want the LLC name to be used on anything customer-facing?
Sorry for so many questions, but any solid advice would be hugely appreciated!!!
Nat
I’m seeking the same answer to your question, as to whether a DBA filed under an LLC can then later become it’s own LLC?
Winnie Schirrmeister
I’m located in Florida now having moved from NYC. I have an Incorporated business set up under my professional actor’s name for example “Jane Doe Inc.” I receive checks written out to Jane Doe Inc and Jane Doe. Now I’m in Florida and I want to expand and get a Real Estate Assoc. license to make more money. I have to apply – using my legal name that is on my driver’s license for example – Sally Jones because they take fingerprints, use your driver’s license and do a background check. The application for the RE license says I can only add PA, LLC, PL, PLLC but I want my commission checks, and my business cards to be made out to Jane Doe Inc or Jane Doe – not Sally Jones but my RE license it seems I only have the option of using Sally Jones. Also, if you help me solve this and I figure out how to use Jane Doe Inc – shouldn’t I have a fictitious name, DBA filed in FL for checks written out to Jane Doe? Help. I want to run everything through my existing business.
Peter
Let’s say my LLC is called Acme Manufacturing LLC. But sometimes I just put ‘Acme Manufacturing’ on my cards or letterhead (without the ‘LLC’). Would I be okay without getting a special DBA for ‘Acme Manufacturing’? Also if my website is acmemanufacturing (not acmemanufacturingllc) would I need a DBA for that?
Daniel Gritley
Hello please I will like to know more about using a dba to open a bank account. I got a dba from my county in Edinburgh Texas, and I wanted to open an account with Citibank. But I couldn’t find any branch close to me, but I found one in San Antonio, but since i signed my dba in my own county, will the bank in San Antonio accept my dba to use in opening an account with them??? Even though my dba was not signed from San Antonio clerk? Or gotten from San Antonio. Please I will like to know more about this.
If I will be asked, I would suggest that workers abroad ust DBA insurance because this will help protect them. Well, you made a pretty good point that this is an affordable way to protect a certain business too. Thank you for sharing here that this type of insurance would require the employers to open a bank account as well.
NICE ARTICLE