Fill and Sign the What is Dba and When Does Your Business Need One Form

© 2016 - U.S. Legal Forms, Inc USLegal Pamphlet on Doing Business As – DBA Filing or Registration INTRODUCTION DBA or d/b/a means "doing business as." This is a legal term meaning that the name under which the business or operation is conducted and presented to the world is not the legal name of the legal person or persons actually owning it and being responsible for it. DBA’s are officially referred to with other names in several U.S. states. Many US jurisdictions require businesses operating with fictitious names to file a DBA statement for consumer protection purposes. However a DBA filing carries no legal weight in instances where a trademark would be necessary. The designation "d/b/a" means "doing business as" is merely descriptive of the person or corporation who does business under some other name. Doing business under another name does not create an entity distinct from the person operating the business. The business name is a fiction, and so too is any implication that the business is a legal entity separate from its owner. T HE BUSINESS NAME A fictitious name is any assumed name, style or designation other than the proper name of the entity using such name. The surname of a person, standing alone or coupled with words that describe the business, is usually not a fictitious business name. The inclusion of words that suggest additional owners, such as Company, & Company, & Sons, & Associates, makes the name an assumed or fictitious name. For partnerships, the last name of all partners must be listed or the fictitious name rule applies. Filing under the fictitious names laws does not create any exclusive or other right in the fictitious name. Using a fictitious name lets you use a typical business name without creating a formal legal entity (corporation, partnership, LLC, etc.). You can even open a business checking account and get a business phone listing for the name. If you are using a fictitious business name, most banks will not let you open a bank account until you have a business license or other proof that shows you have filed for a fictitious name. For sole proprietors, this is the least expensive way to legally do business under a business name. Most states do not require a separate fictitious name filing for corporations, unless the name under which the corporation will operate is different from the name under which the corporation is registered. For example, Widgets, Inc. may not need to file a fictitious name statement because they are incorporated. However, if Widgets, Inc. does business under another name like “Widget Works” they would have to file a fictitious name statement for the name that they are actually doing business under. There are many considerations to make when choosing a business name, but there are three main considerations to keep in mind: 1. Will your business name receive trademark protection? For example, a name with a geographic reference may be difficult to trademark. 2. Is your suggested business name available? 3. If your business will have a website, is a similar domain name available? Some of the tips for naming a business include: 1. Make it distinctive and appealing. 2. Check availability. 3. Get feedback from others. Ask others to spell it. 3. Don't use, borrow, or modify an existing famous brand name. 4. Avoid acronyms (just initials) and geographical names. FILING REQUIREMENTS In some U.S. states, you register your assumed name with the Secretary of State or other state agency, but in most states, registration is handled at the county level, and each county may have different forms and fees for registering a name. In other states, registration may be required at the state and local levels. The process is fairly simple, a database search is made to make sure the name is not already in use, then the form along with the correct filing fee (anywhere from $10 to $50) is filed with the appropriate entity. Call your county clerk's office to find out the local fees and procedures in your area. Requirements vary by local area, but typically the following information will need to be provided: -The fictitious name. It does not have to contain a corporate designator such as "corporation," or "limited". It may contain a corporate designator if the owner is a corporation. The use of the word "company" or "co." in a fictitious name by a sole proprietorship or a corporation is permissible. -A brief statement concerning the character or nature of the business activity to be transacted. The address of the principal place of business. A P.O. Box addresses may not be acceptable. -The name address and signature of each individual or entity interested in the business. A DVERTISING REQUIREMENTS Some states also require that you publish a notice in your local newspaper and submit an affidavit to show that you have fulfilled the publication requirement. When a fictitious name is used by an individual, an association or other entity which includes an individual party, the user of the name may be required to advertise that it has filed or intends to file an application for registration of the fictitious name. The advertisement should be placed in a newspaper of general circulation in the county in which your business will be located and one advertisement in a legal publication or newspaper in that same county. The information required for the advertisements is set forth in local statutes. The proper legal publication can be identified by contacting the county courthouse or county bar association in the county where the principal office is located. Evidence of these advertisements should be kept with the business records.