How to Get a DBA Name in California | A Step-By-Step Guide

by
Get a DBA Name in California

Have you ever wondered how to get a DBA for your Limited Liability Company? If you have, then you are on the right page. Doing Business As (DBA) names, also known as trade names, fictitious names, or assumed names, are an essential aspect of businesses in California. A DBA name allows companies to operate under a name different from their legal business name since it is important for branding, marketing, and legal purposes. In this article, we will provide a comprehensive guide to getting a DBA name in California.

Through thorough research and market study, Webinarcare Editorial Team will help you learn about the DBA name. It would be best to cross-check all the factors before obtaining one for your California business.

How to Get a DBA Name in California

What is a DBA Name?

A DBA (Doing Business As) name in California is a name under which a business operates that is different from its legal name. It is also known as a trading, fictitious, or assumed name. A DBA name allows companies to start a limited liability company in California, and market themselves under a separate name from their legal business name. Registering a DBA name in California, provides businesses with branding, marketing, and legal benefits while also helping to prevent other businesses from using the same or a similar name within the state.

Example of a DBA

A DBA (Doing Business As) example can be illustrated through a fictional scenario involving a sole proprietor named John Smith. Let’s say John owns a bakery business and wants to operate it under a different name rather than using his name.

Legal Business Name: John Smith (sole proprietor)

DBA Name: Sweet Treats Bakery

In this case, John would register “Sweet Treats Bakery” as his DBA name. By doing so, he can legally conduct his bakery business using the name “Sweet Treats Bakery” for branding, marketing, and legal purposes, instead of using his name, John Smith. This allows John to establish a professional identity for his bakery and distinguish it from other businesses.

If you start an LLC in California, registering a DBA name is important when it comes to remembering your business. However, it is best to consult with a legal professional before you begin registering your DBA name. This is to ensure that your business name is available in California.

– WEBINARCARE EDITORIAL TEAM

How to Get a DBA Name in California

Starting a business in California can be exciting and challenging. One crucial step in establishing your business’s identity is choosing and registering a Doing Business As (DBA) name. Here are the steps to get a DBA in California.

Step 1: Choose a Unique and Appropriate Name

The first step in registering a DBA name is selecting a unique and appropriate name for your business. Your chosen name should be easy to remember and represent your business’s products or services. 

Consider the following tips when choosing a DBA name in California:

  • Avoid using names too similar to existing businesses, as this may lead to confusion and potential legal issues.
  • Stay away from names that may be considered offensive or misleading.
  • Research California naming requirements, as some have specific restrictions on what words and phrases can be included in a business name. 

Recommended: Embark on your entrepreneurial journey confidently and affordably with LegalZoom’s DBA service, the beacon that guides businesses to credible branding and comprehensive compliance. Discover how effortless success can truly be!

– LegalZoom – ($99 + Filling Fees)

Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting California Business Name Search is essential to ensure the name is not already used. In California, they have an online business name database that you can search, usually found on the California Secretary of State Bizfile Online. Sometimes, you may also need to check with your local county clerk’s office to ensure the name is not already used at the county level.

If your chosen name is already in use, select a different name and repeat the search until you find an available name.

Step 3: Register the DBA Name

After confirming that your chosen name is available, the next step is registering your DBA name with the appropriate state or county agency. In California, you will need to complete a DBA registration form, which can often be found on California Secretary of State website. California may require additional documentation, such as proof of business ownership or a business license in California.

When filling out the registration form, provide accurate and complete information. Any errors or omissions may lead to delays in processing or even the rejection of your application.

Step 4: Pay the Registration Fee

A fee is typically associated with registering a DBA name. In California, there are two methods, online and by mail. The cost of filing a DBA is $26 for filing and $5 for each additional business name.. However, renewing your DBA every five years would be best. Sometimes, there may be separate fees for California DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name

California requires you to publish a notice of your new DBA name in a local newspaper. This step will inform the public of your intention to operate under a fictitious name. 

The notice must typically include your DBA name, legal business name, business address, and owner’s name. You may need to provide proof of publication to California or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your California business’s nature and location, you may need additional permits or licenses to operate under your DBA name.

The permits and licenses required for your business will depend on your business’s nature, location, and local and state regulations. Here are some common types of permits and licenses that might be required when operating under a DBA:

  • Business License: A general business license may be required in California to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In California, the costs of obtaining a business license range from $50 – $300.
  • Sales Tax Permit: If your business sells taxable goods or services, you may need a Sales Tax Permit from California Franchise Tax Board.
  • Professional Licenses: Depending on your business type, you may need specific professional licenses or certifications. For example, if you are operating a restaurant, you may need a food handler’s permit; if you offer professional services such as accounting or legal services, you may need a professional license from California state board. DBA filing requires professional licenses if you operate under a General Partnership in California. 
  • Health and Safety Permits: Businesses in certain industries, such as food service, may require health and safety permits to ensure compliance with state and local regulations.
  • Zoning Permits: Depending on your business location and the type of business you are operating, you may need a zoning permit from your local planning or zoning department.
  • Environmental Permits: If your business involves activities that could impact the environment, you may need permits from California state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In California, you are required to renew your DBA registration periodically. This renewal process may involve completing a renewal form, paying a renewal fee, and sometimes republishing the notice of your DBA name. Stay up-to-date with your state’s renewal requirements to maintain your DBA name and avoid penalties.

Maintaining the DBA Name

Once your DBA name is registered and published, it is essential to maintain it to remain in good standing with California. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on California’s regulations, your DBA name registration may expire or need to be renewed periodically. Keep track of these deadlines to avoid losing your DBA name.
  • Updating Business Information: If your business undergoes significant changes (such as a change in ownership or address), you may need to update your DBA name registration with the appropriate agency.
  • Canceling or Discontinuing the DBA Name: If you decide to stop using your DBA name or close your business, notify the appropriate agency and follow any required procedures for canceling or discontinuing the name.

Is a DBA in California the same as a Trade Name?

Yes, in California, a DBA (Doing Business As) is the same as a trading name. Both terms refer to a name under which a business operates differently from its legal name. A DBA or trade name allows companies to conduct business and market themselves using a different name from their legal business name. Other terms for DBA or trade name include fictitious name and assumed name. Registering a DBA or trade name in California may vary depending on the type of business and the state’s specific regulations.

Do I need to register my California DBA in the Internal Revenue Service?

No, you do not need to register your DBA (Doing Business As) name in California with the Internal Revenue Service (IRS). The registration of a DBA is typically done at the state or local level, depending on the specific regulations of California. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in California, you may need to obtain an Employer Identification Number (EIN) in California from the IRS if your business has employees, operates as a corporation or partnership, or meets certain tax-filing requirements.

Do I need to file for a DBA if I already have California Registered Business Name?

If you already have a registered business name in California and you plan to conduct business using that exact name, you do not need to file for a DBA (Doing Business As). A DBA is required when a business wants to operate under a name different from its legal business name. 

However, you must file for a DBA if you have a registered business name and wish to conduct business under a different name. This applies to sole proprietorships, partnerships, limited liability companies (LLCs), and corporations that intend to use a name other than their legally registered name.

FAQs

What is a DBA name?
A DBA name (Doing Business As) is a name that a business uses for operation that differs from its legal name.
Do I need a DBA name in California?
Yes, any person or entity doing business in California under a name different from their own must file and maintain a DBA name registration.
How do I file a DBA name in California?
You need to file a Fictitious Business Name Statement (FBN) with the county clerk of the county where your business will be located.
Do I need a separate DBA name for each county I do business in in California?
Yes, you need to file a separate DBA name registration with the county clerk’s office for each county where your business operates.
How much does it cost to file a DBA name in California?
The cost varies by county. However, the fees range from $10 to $30.
How long does it take to get a DBA name in California?
The process varies depending on the county, but it could take up to 4 weeks to receive a certified copy of the DBA name registration.
What if my business operates in multiple counties in California?
You must file a separate Fictitious Name Statement with each county in which you do business.
How often do I need to renew my DBA name in California?
The DBA name statement must be filed every five years before the expiration of the previous statement.
Where can I find out more information about filing a DBA name in California?
You can visit the California Secretary of State website or contact the county clerk’s office in the county where your business is located.
Can an individual file for a DBA name in California?
Yes, individuals can file for a DBA name in California as long as they are at least 18 years old and have a valid California ID.
Can I register a DBA name online in California?
In most counties, you can file electronically, but some may require that you file your DBA name registration in person.
What is the difference between a DBA name and a legal entity name?
A DBA name is a name that a business uses for operation that differs from its legal name, which is the name on its formation paperwork.
Can I use my DBA name to open a business checking account in California?
Yes, you can use your DBA name to open a business checking account or other accounts.
Can I add additional names to my DBA name in California?
Yes, you can add or remove names from your DBA as long as you file a new FBN statement.
Can I transfer a DBA name to someone else in California?
No, a DBA name is not transferable.
What is the penalty for not filing a DBA name statement in California?
You may be subject to a fine or become unable to use the name for business purposes.
Can I use a DBA name that someone else is already using in California?
No, if someone else is using that name and has filed for it, you cannot use it.
Can another entity use my DBA name in California?
No, another entity cannot use your DBA name.
What if my business involves several types of products or services, can I still use a DBA name?
Yes, you can use a DBA name that broadly conveys your business, even if it has diversity of offerings.
What if I change my business address with the county, do I need to file a new DBA name statement?
Yes, you need to file a new Fictitious Name Statement if your address changes or if any other Business Owner information associated with your registration changes as well.
Am I required to have an attorney file my DBA name statement for me in California?
No, an attorney is not required, but landlords and banks may require an individual bring in an attorney and make the company official in order to safeguard themselves.
Can I cancel a DBA name in California?
Yes, you can cancel a DBA name filing with the county clerk.
Can I sell a business with a DBA name in California and transfer over the filing?
No, a DBA name is not transferrable, so the new owner must file their own Fictitious Name statement under the DBA too.
Do I need to have a DBA name if I operate solely online in California?
Yes, you still need to file a DBA name statement if you operate under a name different from your actual individual name.
Can I change the name on my DBA in California?
Yes, you can change the name on a DBA as long as you file a new FBN statement.
Can I reserve a DBA name in California before I file the statement?
No, California does not offer any option for name reservation.
Is my DBA name protected under trademark law in California?
No, filing a DBA name in California does not protect it as a trademark.
Does filing a DBA name register in California meet all compliance needs?
No, filing for a DBA name is only one aspect of starting up an operation in the compliant fashion. You may need to get additional permits and licenses.
How long do I have to use a DBA name in California?
Once a DBA is registered with the county, nothing regarding that business entity’s identity utilizes its own name if they have also registered a DBA.
Why would I need a DBA name in California?
You may need a DBA name if you want to conduct business under a name other than your personal name.
Does the state of California require a DBA?
No, the state of California does not require a DBA.
Who needs a DBA name in California?
Anyone who wants to conduct business under a name other than their personal name will need a DBA name.
How do I register a DBA name in California?
You will need to file a Fictitious Business Name Statement with the county recorder or clerk’s office where the business is located.
Are there any restrictions on DBA names in California?
Yes, DBA names cannot contain certain words or phrases, or be too similar to existing registered names.
Can I use a DBA name for more than one business?
Yes, as long as the businesses are related and have the same owners.
How much does it cost to register a DBA name in California?
The cost varies by county, but it typically ranges from $10 to $50.
How long does it take to register a DBA name in California?
It can vary depending on the county, but the process usually takes a few weeks.
Do I need to renew my DBA name in California?
Yes, every five years you will need to file a new Fictitious Business Name Statement and update your registration.
Can I change my DBA name in California?
Yes, you will need to file a new Fictitious Business Name Statement with the updated name.
Can I obtain a DBA name in California for an online business?
Yes, you can obtain a DBA name for any type of business, including online businesses.
Do I need a separate DBA name for each location or branch of my business?
Yes, you will need a separate DBA name for each location or branch of your business.
Can I register my DBA name online in California?
No, you will need to file the Fictitious Business Name Statement in person at the clerk or recorder’s office.
Are there any exemptions to the DBA registration requirement in California?
Yes, some professions and types of businesses are exempt from the DBA registration requirement.
Can I register a DBA name in California for a non-profit organization?
Yes, you can register a DBA name for a non-profit organization that wants to do business under a name other than its legal name.
Can I reserve a DBA name in California?
No, you cannot reserve a DBA name in California.
What happens if I use a DBA name without registering it in California?
You could face legal and financial consequences for using a DBA name without registering it.
Do I need to publish my DBA name in California?
Yes, you will need to publish the name in a local newspaper for four consecutive weeks.
Can I use a DBA name that someone else is using in California?
No, your DBA name cannot be too similar to an existing DBA or registered name.
Can I add trademarks or copyrights to my DBA name in California?
You may be able to add trademarks or copyrights to your DBA name, but it will require additional legal steps.
What happens if I go out of business or change my business name?
You will need to cancel your DBA name registration and file a new one for your new business name if you change it.
Can an individual or sole proprietor register a DBA name in California?
Yes, individuals and sole proprietors may register a DBA name in California.
Is a DBA name in California the same as a trademark or business name?
No, a DBA name is not the same as a trademark or business name.
Do I need to have a business license to obtain a DBA name in California?
No, you do not need to have a business license to obtain a DBA name in California.
Can a DBA name be used as a company name in California?
No, a DBA name is not a company name and does not grant any legal protection or ownership.
What if I need help registering my DBA name in California?
You can hire a lawyer, accountant, or business registration service to help you register your DBA name in California.

Also Read

Conclusion

Getting a DBA name in California is crucial for many businesses, providing branding, marketing, and legal benefits. By following the steps outlined in this comprehensive guide, you can successfully register a DBA name in California and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with California’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

Leave a Comment