DBA (Doing Business As) FAQs
	What is the difference between a fictitious business name and a DBA “doing business as” name? If I have a corporation or an LLC name, do I also have to file a DBA under that name as well? If I am operating a sole proprietorship under my personal name, do I need to file a DBA? Can someone else use my business name if I have a DBA? What are the publication requirements? Can I conduct business and open a bank account before my DBA has been filed? How will I know if my business name is already being used? Will you perform a name check before filing my DBA form? What are the advantages of corporations and LLCs over a sole proprietorship or partnership? What is a DBA? Using your DBA What is the difference between a fictitious business name and a DBA “doing business as” name? There’s no difference between a fictitious business name and a DBA. A fictitious business name is often referred to as a DBA, an assumed business name or a trade name. If I have a corporation or an LLC name, do I also have to file a DBA under that name as well? The articles of incorporation or organization are enough for official name registration and business name transactions with financial institutions provided that the entity uses its legal name. A DBA is simply a name statement registered with the state and not an official business formation like a corporation or an LLC. If your business is incorporated or organized under state law, you only have to register a DBA if you operate your business under a name other than its legal name as filed with the state. If I am operating a sole proprietorship under my personal name, do I need to file a DBA? No. DBA filings are only required when you are operating a sole proprietorship or partnership under a name other than your personal legal name. For example, if your name is John Smith and you are operating or desire to operate a sole proprietorship as “John Smith Plumbing Services,” or a partnership as "Smith & Associates Plumbing," then you would not need to file a DBA to conduct business under that name. However, if you are a sole proprietorship, you must file a DBA to legally be called “Smith and Associates Plumbing.” Can someone else use my business name if I have a DBA? In most states, DBAs, unlike corporations or LLCs, do not guarantee exclusive use of a name. In most cases, the state or county will file any correctly prepared fictitious business name statement, regardless of name conflict. What are the publication requirements? State law differs regarding the need for DBA publication. Generally speaking, when publication is required, the DBA statement must be published once a week, in a specific newspaper that posts legal notices, for a duration of four consecutive weeks. Publication is included in the LegalZoom filing process. LegalZoom will publish your statement for the required length of time, in the appropriate newspaper, and advise you of the final steps to take. Can I conduct business and open a bank account before my DBA has been filed? You should not be conducting business under your fictitious business name until you have filed the DBA statement. In addition, most banks will not allow you to open a bank account until they have seen proof of the filed DBA. When you are doing business under a company name, you need a company bank account to accept payments for the company. Banks have restrictions about not accepting or cashing company checks using your personal account. Every bank is different. Most banks have policies and requirements in regards to a DBA statement. If you experience a bank employee who will not accept your DBA statement, you may want to try a different branch or bank. Make sure to keep the original copy for your records in case you need it for future business transactions. How will I know if my business name is already being used? Will you perform a name check before filing my DBA form? Some states do require a name check before filing a DBA form. Our partner, LegalZoom, will only do a name check if your state requires a name check before filing a DBA statement. In this case, LegalZoom will conduct a name search at no extra charge and advise you if your name is currently being used. You may then decide whether you wish to proceed with the filing or try a different name. What are the advantages of corporations and LLCs over a sole proprietorship or partnership? Generally corporations and LLCs offer certain liability protection, tax advantages, and business flexibility that sole proprietorships and partnerships may not have. To read more about corporations and LLCs, please visit our law library for those specific topics. What is a DBA? DBA is an abbreviation for “doing business as.” Certain jurisdictions may use the terms fictitious business name, trade name or assumed name instead of DBA. DBA registration is necessary if your business operates under a name other than its legal name. The legal name of a corporation, LLC, or other state registered entity is the name on the articles filed with the state, and for all others the personal name of the business owner or owners. Conducting business and opening a bank account under a name other than the legal name of your business is only possible after you have fulfilled your state’s DBA filing requirement. Using your DBA The most significant use of a DBA is the ability for a sole proprietorship to open a business bank account and collect money using a name other than its legal name. In many cases, more than one business can operate under the same DBA, and therefore, there is no protection or exclusivity offered by operating solely under a “doing business as” name. When registering your DBA, you may also find that there is a corporation, LLC, sole proprietorship, or other business entity using the same or a similar business name. Point of origin credit for this file is given to LegalZoom.com, Inc., a registered and bonded legal document assistant, #0104, Los Angeles County. LegalZoom.com is not a law firm and is not a substitute for the advice of an attorney.