When an individual utilises a business name in place of their personal name, it is referred to as “doing business as” or d.b.a. Every state mandates individuals to submit a certificate of “doing business under a fictitious name” to disclose the true identity of the person behind the business name. However, this requirement is not necessary if the business name incorporates the owner’s name. It should be noted that this process is distinct from using a corporation name, which must be registered with the state.
D. b. a. is an abbreviation for “doing business as,” which is when a person or company uses a business name instead of their own name. To ensure transparency, all states require a certificate of “doing business under a fictitious name” to be filed with the County Clerk, the state Secretary of State, or another official. However, this is not necessary if the business includes the name of the true owner and is not to be confused with the use of a registered corporation name. For instance, John Smith wants to start a business selling handmade candles and names it “Candle Creations.” To legally use this name, John must file a certificate of “doing business under a fictitious name” with the appropriate state official, informing the public that John Smith is the real person behind “Candle Creations.” On the other hand, a company called “ABC Corporation” that is already registered with the state does not require a d. b. a. certificate as the company name is already registered. These examples demonstrate how a person or company can legally use a business name instead of their own name, but must complete the necessary paperwork to inform the public about the real person or entity behind the name.
D.B.A. stands for “doing business as.” It is a legal term used to indicate that a person or entity is conducting business under a name different from their legal name.
You may need to file a D.B.A. if you want to operate your business under a name other than your personal name or the name of your registered business entity. It allows you to create a separate business identity and operate under a different name.
The requirement to file a D.B.A. varies depending on your jurisdiction. In some states or counties, it is mandatory to file a D.B.A. if you are conducting business under a name other than your legal name. It is important to check the specific regulations in your area.
To file a D.B.A., you typically need to submit an application to the appropriate government agency, such as the county clerk’s office or the secretary of state. The application usually requires providing information about your business and paying a filing fee.
Filing a D.B.A. does not provide legal protection for your business name. It only allows you to use a different name for your business. If you want to protect your business name, you may need to consider trademark registration.
The duration of a D.B.A. varies depending on the jurisdiction. In some cases, it may be valid for a specific period, such as five years, and can be renewed. In other cases, it may remain valid as long as you continue to use the name for your business.
Yes, you can have multiple D.B.A. names for your business. This can be useful if you operate different divisions or offer various products or services under distinct names.
Generally, a D.B.A. is not transferable. If you sell your business or change ownership, the new owner would need to file a new D.B.A. under their name.
While it is not legally required to have a separate bank account for your D.B.A., it is highly recommended. Maintaining separate accounts helps in keeping your personal and business finances separate, which can be beneficial for accounting and tax purposes.
Yes, you can change your D.B.A. name by filing an amendment or a new application with the appropriate government agency. However, there may be specific requirements and fees associated with changing your D.B.A. name, so it is advisable to consult with a legal professional or the relevant authority.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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