DBA
Do I Need to File a DBA declaration?
The answer to this question is almost always a “Yes”.
If you did a good job of researching your company name this should be an easy decision. You’ve already made sure that the name you chose was available, scalable, easy to spell and remember, has good branding, and pertains to what it is you do. If this is the case, you may think you don’t need to file a DBA.
It depends on one simple thing; do you intend to use that name, complete with the LLC on the end, whenever you do business?
If the name of your publishing company is “Truly Awesome Books, LLC” and you wish to drop the “LLC” and use “Truly Awesome Books” on all of your advertising, merchandise, website banners, FaceBook pages, T-shirts, letterhead, and business cards, then you will still need to file a DBA.
If you have no problem with keeping the “LLC” on the end of your company name then you are fine with not filing a DBA.
If this is not the case, read on.
Understanding what a DBA is.
DBA is short for “Doing Business As” and refers to a person or a company that wishes to conduct business under a name that is different from their legal name.
The easiest way to think of a DBA is that it’s a “nickname” that the company will be known by.
Like other terms we’ve already discussed, DBA is referred to by other names. Depending on the state you are in you may see it referred to as an Assumed Name, a Fictitious Name, a Trade Name, or Trading As. All of these terms mean the same thing.
NOTE: A DBA does nothing more than assign a nickname to a company. It offers no legal protection. Filing a DBA does not create another entity or provide any separation from the LLC the name is associated with. A DBA does not protect the owner of an LLC’s personal assets.
Example: If Shannon Jones were to form an LLC she named “SJ Creatives LLC” but then chose to call her business “Shannon’s Creations”, she would need to register a DBA name of “Shannon’s Creations” with the state and likely the local government. SJ Creatives LLC and Shannon’s Creations would then be considered one and the same.
Things to know
Certain states will accept a DBA filed under the same name as an LLC. Others will not.
Most DBAs are filed at the county-level and not at the state-level. In the US there are close to a thousand separate jurisdictions in which a DBA can be filed, and the rules vary widely with each. A quick visit to your Secretary of State and County websites will tell you what rules are in place. Some states require that you file a DBA, others do not, but you should research this and be sure that you are in compliance as the penalties can be harsh.
WARNING: It is illegal to operate a business under a non-registered, assumed name. Some states impose harsh penalties for failure to register a DBA name, including civil and criminal. These penalties can range from fines, to misdemeanor charges, to injunctions that prevent your business from operating. Do not skip the DBA.
Declaring a DBA on your LLC’s Articles of Organization is not all you will need to do. You must file one with the State and/or local government as well. Even if your business is totally online. This is more paperwork and a small fee, but it takes only minutes.
The DBA is an additional filing, meaning extra paperwork and extra state fees (the average cost is $25).
Most states will require that you renew your DBA, either by filing paperwork and paying a state or county fee every year, or every few years. Whomever is managing the LLC’s business affairs should have this item on their calendar.
Your state or county may require you to make a public declaration of your DBA registration. This is referred to as a “Public Notice” and is most easily done by placing a notice in your local newspaper.
Sample Law
Here is a sample of the California statute regarding DBA notifications:
Business and Professions Code Section 17917:
- Publication for Original, New Filings (renewal with change in facts from previous filing), or Refile
- Within 30 days after a fictitious business name statement has been filed, the registrant shall cause it to be published in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County. The publication must be once a week for four successive weeks and an affidavit of publication must be filed with the county clerk where the fictitious business name statement was filed within 30 days after the completion of the publication.
- If a refiling is required because the prior statement has expired, the refiling need not be published, unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired.
If your state does not handle DBA filings, and they are instead handled at the county level, you will need to register your DBA in each county where you will do business. (Remember, “doing business” is where you conduct your business, not where you sell your product or provide your service).
The ad can be as small as possible and stuck anywhere in the paper. Most newspapers have a space in the classified section titled “Legal Notices.” Some papers wave the fee, but many will charge by the letter or by the line. The following example costs $25 to place. This cost will vary depending on your state/county and how long the notice is required to run for.
Notice under Fictitious Name Law
Pursuant to Section 888.08, Delmarva Statutes
NOTICE IS HEREBY GIVEN that
the undersigned, desiring to engage in
business under the fictitious name of
XYZ Publishing
Located at PO Box 888, in the county of
Hazard, in the city of City Center, Delmarva
88888 intends to register the said name
with the Division of Corporations of the
Delmarva Department of State, Capitol City
Delmarva. Dated in City Center, Delmarva, this 16th Day
of April, 2020.
John Smith, XYZ Publishing LLC
Date of Pub: April 20, 2025
TIP: All DBA fees, and the costs that go with establishing them, are tax deductible as a recurring business expense.
Having a DBA can sometimes be confusing. Knowing when to use what name is important. When conducting business (government forms, contracts, purchases, payments, etc) you should use the full business name of your LLC. If what you are signing is legally binding, it should have the full business name of your LLC on it.
Advertising. Signage. Business cards. T-shirts. Social Media. These are the things that your DBA is for. They are the public face of your company. While the billboard ad will have your DBA name splashed across it, the check that paid for it with will have the full business name on it.
A word about signatures
When signing something on behalf of your business, it’s important to include your title and company name. A proper signature is:
"John Smith,
Manager, XYZ Publishing, LLC."
A company cannot sign for themselves, so this signature identifies the person signing (full name), the title and authority of the person (Manager), and the name of the contracting party (XYZ Publishing LLC).
This should be done for receipts as well. If the owner of an LLC has a business meeting over lunch he should use the LLC’s credit card to pay for it, and for accounting purposes he should sign the back of the receipt before giving it to the company’s bookkeeper or accountant. If the owner should purchase something for the company with his own funds he should likewise sign the receipt and turn it in so the company can reimburse him for the purchase and keep a record of the expense. Mixing personal expenses and business expenses is not only an accounting nightmare, it invites the attention of the IRS. Keeping them separate will benefit both you and your accountant when it comes time to do taxes.
If possible it's recommended that you file your DBA paperwork in person. The reason for this is that it requires the signature of a notary, which can be done by the filing clerk themselves. While there you will also be able to obtain your County Tax Certificate (which we will discuss in a related article).
Sample form
Below is a sample form similar to what you might find in
any state or county. This one from the state of Texas.
