Answered from official registries
DBA for an LLC
Your company already exists. It has a name on its formation certificate, and you want to trade under a different one, perhaps for a second product line or a brand that reads better than the legal name. That second name normally has to be on file somewhere before you use it in public.
How often it is mandatory
Of 49 published state and District of Columbia guides, 49 name a verified authority that accepts this registration from a limited liability company. In 31 of them the reviewed sources state the filing is required when the company trades under another name. The remainder either leave the obligation unstated in the material reviewed or frame registration as permissive, and each guide records which, with the excerpt that decided it.
Treat the count as a map of the evidence, not as permission to skip the filing. An obligation that a source does not mention is unconfirmed, not absent.
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To register a trade name in Delaware, your business must be licensed with the Delaware Division of Revenue. You can meet this requirement in one of two ways: - Your business operates in Delaware and already has a valid Delaware Business License issued by the Division of Revenue. - Your business does not operate in or does not have a business licensing requirement in Delaware…a special license for non-income tax filing or out of-state businesses. - This license costs $25/year and must be renewed annually to keep your trade name active. - A single Trade Name–Only License can cover multiple trade names. - If you already have a standard Delaware Business License, you do not need this license.
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Any entity registered/incorporated by Corporations Division can register a trade name. In addition, sole proprietors and general partnerships, can register a trade name.
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Why is registration required? The Fictitious Name Act (s.865.09, F.S.) requires any person (which, by definition, includes an individual, as well as a business entity) to register their “fictitious name” or “dba” name with the Florida Department of State prior to conducting business in Florida. Registration of a fictitious name under the Fictitious Name Act allows: - An individual or business to operate under a name other than their legal name. - The public to search Sunbiz to determine what individual or business is operating under the fictitious name. ### What are my payment options to register a fictitious name? - Credit card (MasterCard, Visa, Discover and American Express). - Check and money orders. - Make all checks payable to the Florida Department of State. - Payments must be in U.S. currency drawn from a U.S. bank. - Reprint your check voucher if you need an additional copy. Your tracking number is required. ### Is my intended fictitious name already in use? - Search our records by name to find out. - Read our fictitious name search guide if you need additional assistance. ### I don’t want to file online. Can I print and mail my application and payment? - Yes, you can print the fictitious name registration application (PDF) and mail it with a check or money order payment. - All payments by credit card must use the online registration. ### Will I receive proof of registration? Yes, you will receive a confirmation letter (which includes the name registered, assigned registration number and date of registration), as well as any requested certificates. Online registrations: - You will receive your filing confirmation by email at the address provided on your application. - Confirmation will be sent within 24 hours of your registration’s posting on Sunbiz. - You will not receive a confirmation by U.S. Mail. Registrations by mail: - You will receive your confirmation by U.S. Mail. - It will be addressed to the mailing address you provided on the application. ### Will the fictitious name registration protect the name or keep someone else from using the name? No. Registering a fictitious name does not: - Grant you ownership or rights to the name; or - Prohibit someone else from using or registering the same fictitious name. ### Are there any exemptions from registration? Yes, when the applicant is: - A licensed attorney who is forming a business in order to practice law in the state of Florida. - Registered with the Department of Business and Professional Regulation, and their licensing board does not require a fictitious name registration. - A legal business entity already filed or registered with this office, whose status is active and not transacting business under any other name. - A federally chartered corporation that is not transacting business under any other name. Contact the Fictitious Name Registration Section at 850.245.6058 if you feel you may be qualified for an exemption not listed. ### Are there any penalties for not registering a fictitious name? Yes. Failure to file a fictitious name registration is a misdemeanor of the second degree and punishable, as provided in section 775.082 or 775.083, F.S. ### Will I need proof of my fictitious name registration? Yes, if you or your business will be applying for a local occupational license (under section 205.023, F.S.) or transferring a business license (under section 205.033(2) or 205.043(2), F.S). You must present the county or municipality with: - A copy of your current fictitious name registration; or - A written statement explaining why you are not required to comply with the Fictitious Name Act. NOTE: Most banks and financial institutions also require proof of registration when opening an account. ###
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Georgia law (O.C.G.A. § 10-1-490) requires every "person, firm, or partnership, carrying on in this state any trade or business under any trade name or partnership name or other name" to register the trade name of the business with 30 days from "commencing to do business."
Which office takes it
For companies the filing is usually central: 42 jurisdictions route it to a state office, typically the secretary of state or an equivalent division, while 7 keep it at a county or local counter. That is close to the reverse of the pattern for unincorporated owners, which is why advice written for sole proprietors sends company filers to the wrong window.
Jurisdictions where a company's name filing is handled locally rather than centrally:
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County clerk of the county where the registrant has its principal place of business (Clerk of Sacramento County if the registrant has no place of business in California)
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Town clerk where the business is primarily transacted A trade name is filed with the local town clerk where the business is primarily transacted. When you deliver the trade name application to the town clerk, you must pay a $20 filing fee payable to the town clerk.
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Georgia law (O.C.G.A. § 10-1-490) requires every "person, firm, or partnership, carrying on in this state any trade or business under any trade name or partnership name or other name" to register the trade name of the business with 30 days from "commencing to do business." As provided by law, the registration shall be filed with the Clerk of the Superior Court "of the county in which the business is chiefly carried on or, in the case of a domestic corporation using any name other than its corporate name, in the county of its legal domicile."
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City or town clerk of each city or town where the business has an office
What it costs
Charges differ widely between registries, and some scale with how long the registration is to run. Every figure below reproduces the authority's published wording exactly, with no rounding and no added handling charge of any kind.
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thirty dollars ($30.00)
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BUSINESS NAME REGISTRATION (5 years) Business Name Registration $25.00
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4. Filing an application for registration or renewal of the registration of a trade name or recording an assignment of a trade name, no more than ten dollars.
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$22.50 online; $25.00 paper — Application for Fictitious Name Dom. Limited Liability Co. | DN-18 | $22.50 | $25.00
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The fee for filing a fictitious business name statement is ten dollars ($10) for the first fictitious business name and owner and two dollars ($2) for each additional fictitious business name or owner filed on the same statement and doing business at the same location.
Check your own jurisdiction before filing
Company rules diverge more than the summary above can show. Some registries cap how long a registration runs before it must be lodged again; others treat it as open ended until the company withdraws it. A few tie the filing to the entity's own good standing, so letting the company lapse takes the trading name with it. Your jurisdiction's guide sets out whichever of those applies, together with the excerpt behind it.
Frequently opened: Texas, Florida, Illinois and New York. The finder goes straight to the limited liability company answer for a chosen jurisdiction.
Still deciding whether to incorporate at all? The comparison page sets out why these are two filings rather than two options.