Doing Business As DBA
Business made simple.
A company is said to be “doing business as” when the name under which they operate their business differs from its legal, registered name of formation or incorporation. Some states require DBA or fictitious business name filings to be made for the protection of consumers conducting business with the entity.
If you’re starting a sole proprietorship or a partnership, you have the option of choosing a business name or DBA (“doing business as”) for your business. If you want to operate your business under a name other than your own (for instance, John Smith doing business as “Speedy Delivery Services”), you may be required by the county, city or state to register your fictitious name. It is important to highlight No fictitious business name may include the words “corporation,” “Inc.,” “incorporation” or “Corp.” unless it’s a corporation registered with the Secretary of State.) In most states, corporations don’t have to file fictitious business names unless the corporations do business under names other than their own.
DBA registration has practical application for your business:
- Create a Trade Name
- You want to do business under a different name for privacy purposes
- Your legal business name is similar to your own name, but you want to conduct business with a different name
- Want to market and promote a trademark name instead of your legal business name
- Identify and create market recognition of different revenue streams or line of business
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Common questions for DBA.
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What is the difference between an LLC and a DBA ?
The biggest difference between a DBA and an LLC is liability protection. Under a DBA, there is no distinction between the business owner and the business. The business owner is liable for all expenses incurred on behalf of the business. On the other hand, an LLC provides limited liability protection.
Do I need a DBA for my LLC ?
For corporations and LLCs: If you have filed to become a corporation or LLC, then you’ve already registered your business name and don’t need a DBA. However, 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.
Can a business own a DBA ?
The owner of the DBA or “trade name” can be an individual or a business entity, LLC or Corporation with the consequent protection, compliance and limited liability of the owner.
Does a DBA protect my trademark or business name ?
A ficticious name (DBA) does not protect your trade name, product or business name. It is only a registration of your business with the state. Only trademark registration at State or Federal level offers the protection needed for your trademark and the ability to initiate a legal action against rights infringements. With qualified attorneys, we can assist you with trademark search and registration for an easy, no hassle protection for your business.
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