Colorado trade name filing guide

Colorado calls this filing a trade name, and the Secretary of State explains that a trade name is an assumed name used to identify the business or activities of an individual or organization — sometimes referred to as a "doing business as," "DBA," or "assumed" name.

The governing law is Article 71 of Title 7 of the Colorado Revised Statutes, which requires that a person not transact business in Colorado under a name other than the person's true name unless an effective statement of trade name is on file in the records of the Secretary of State.

Colorado is structurally simple compared with many states: every filer, from a sole proprietor to a corporation, files with the Secretary of State at the state level, and no county clerk is involved.

The office's trade name FAQ lists who must file — individuals such as sole proprietorships, non-reporting entities such as general partnerships, estates and trusts, reporting entities such as corporations and limited liability companies, domestic limited partnerships, and dissolved or delinquent or converted entities.

A nonprofit may, but is not required to, file a statement of trade name.

First, trade names in Colorado are not distinguishable or unique, so more than one person can file the same trade name; filing creates no exclusive right to the name.

Second, the office warns that transacting business without an effective statement can carry consequences under section 7-71-102, including a civil penalty of up to five hundred dollars.

Trade name registration moved to the Secretary of State from the Department of Revenue in 2006.

Colorado is an online-only state for this filing: the Secretary of State states flatly that a Statement of Trade Name must be filed and paid for online, and the official fee schedule lists no paper fee for any trade name transaction.

To file, go to the Business Organizations page on the Secretary of State's website, select "File a business document," and choose whether the filing creates a new record or belongs under an existing one.

New records are filed on the Statement of Trade Name form that matches the filer: Statement of Trade Name of an Individual for a sole proprietor, Statement of Trade Name of a Non-Reporting Entity for a general partnership, and Statement of Trade Name of a Reporting Entity for an LLC or corporation, which is filed against the entity's existing record after a business database search.

The online form asks for the true name, the trade name, a brief description of the business, address information, and an optional delayed effective date of up to 90 days.

The fee schedule lists the Trade Name Statement at $20.00 online.

The document is not filed until after payment confirmation.

How long a Colorado trade name lasts depends on the filer.

For a reporting entity such as an LLC or corporation, a trade name is effective as long as the entity remains in Good Standing or in Non-compliant status; if the entity becomes Delinquent or Dissolved, the trade name remains effective for one year from the date of delinquency or dissolution, and an entity that remains delinquent or dissolved can keep the trade name effective by filing the annual renewal.

For an individual, a non-reporting entity such as a general partnership, or an estate, trust, state, or other jurisdiction, a trade name is effective for one year and expires on the first day following the anniversary month of the original filing.

A renewal can be filed at any time during the three months before expiration, and the fee schedule lists the Trade Name Renewal at $5.00.

An expired trade name cannot be renewed; a new Statement of Trade Name must be filed.

To change or correct a filing, the filer searches the business database and files a Change of Trade Name Information or Correction of Trade Name Information, each listed at $10.00.

To stop using the name, a Statement of Trade Name Withdrawal is listed at $10.00; alternatively, simply not renewing lets the registration expire.

Search the Secretary of State's business database to see whether the name you want is already on file — remembering that identical trade names are allowed — then file the Statement of Trade Name for your filer type through the state's online filing system and pay the $20.00 online fee listed on the official fee schedule.

Individuals and general partnerships create a new record; LLCs and corporations search for their existing entity record and file the trade name under it.

Sign up for the office's complimentary email notifications so you receive renewal reminders, since an expired trade name cannot be renewed.