An Assumed Name Certificate—often called a DBA (“Doing Business As”)—is the registration that allows a sole proprietor to legally operate under a business name that is different from their personal legal name.
 

You need a DBA so you can:

• Use your business name on marketing materials, invoices, and contracts

• Open a business bank account under that name

• Show customers, lenders, and vendors that your business name is properly registered and legitimate

A DBA does not create a separate legal entity, but it is usually required before using any assumed or fictitious business name.  

An important consideration for personal privacy is that if you do NOT have an assumed name, when your business needs to be identified on official documents your social security number is likely to be used as your identifying number.  If you DO have an assumed name you can apply for an EIN and that will become your businesses ID number instead of your SSN.

These terms generally refer to the same thing: A registered business name used by a person or business entity that is not the owner’s legal name.  Different states use different terminology:

• DBA (“Doing Business As”)

• Assumed Name Certificate

• Fictitious Name

• Trade Name

Regardless of the label, all of them serve the same purpose—letting you legally operate under a chosen business name.

Filing a DBA does NOT create liability protection, and it does not act as a trademark.  A DBA also generally does NOT actually prevent another business from using your businesses name.  

They may (improperly) use the same name even if your name was filed first because most of the time County Clerks or other offices don't check to see if the name is already in use - that is your responsibility.   If you find that your name is being used improperly by another business, do not expect the government to get involved; they will leave it up to you and the other business owner to work out.  

What a DBA does provide is:

• Legal compliance, so you avoid potential penalties for operating under an unregistered name

• The ability to open bank accounts and sign contracts under your business name

• Proof that you are the person using that business name in your jurisdiction

If you need liability protection or exclusive name rights, you would need to form an LLC or obtain a trademark, which are separate processes.

While requirements vary by state and county, most sole proprietors need to provide:

• The personal legal name and physical address of all owners

• The assumed business name you want to use for your business

• Your business address or location of operation

• A brief business activity description

• The date you started or will start using the business name

Some jurisdictions may also require other steps such as:  ID verification, a publication notice, inclusion of industry codes, statements of purpose, statements that you have confirmed the availability of your assumed name etc. 

DBA filing locations and methods depend on your state:

• Many states require sole proprietors to file at the county clerk’s office

• Some require filing with a state agency such as the Secretary of State or Department of Commerce

• Some states require both a statewide and local / county filing. or a combination of steps at each level of government

• A few require filing with a city or town clerk

Our tool determines the correct location for your jurisdiction and prepares the filing in the required format, and includes instructions on how to file in your state.  

Most sole proprietors and general partnerships file in person at a local office.  Depending on your location & distance to a local office it may be more convenient to use the mail instead of going in person.  

That depends on your state's rules.   Some states require that you file in every county, or town while some may only require that you file once at the state level but have some other indication (such as a public disclosure or a newspaper notice) for other counties.  At a minimum you will file in your businesses home county / town and the clerk there can advise on if other jurisdictions require separate filings. .

This can get expensive if you plan on doing business in multiple locations, and is one of the reasons many people seriously look at forming an LLC (which is automatically authorized to do business in every county or town) instead of paying a $15+ filing for every county.