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

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Get a DBA Name in Delaware

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 Delaware. 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 Delaware.

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 Delaware business.

How to Get a DBA Name in Delaware

What is a DBA Name?

A DBA (Doing Business As) name in Delaware 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 Delaware, and market themselves under a separate name from their legal business name. Registering a DBA name in Delaware, 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 Delaware, 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 Delaware.

– WEBINARCARE EDITORIAL TEAM

How to Get a DBA Name in Delaware

Starting a business in Delaware 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 Delaware.

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 Delaware:

  • 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 Delaware naming requirements, as some have specific restrictions on what words and phrases can be included in a business name. 

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Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting Delaware Business Name Search is essential to ensure the name is not already used. In Delaware, they have an online business name database that you can search, usually found on the Delaware Division of Corporations Entity Search. 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 Delaware, you will need to complete a DBA registration form, which can often be found on Delaware Secretary of State website. Delaware may require additional documentation, such as proof of business ownership or a business license in Delaware.

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 Delaware, there are two methods, by mail and in person. The cost of filing a DBA is $25. Sometimes, there may be separate fees for Delaware DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name

Delaware 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 Delaware or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your Delaware 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 Delaware to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In Delaware, 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 Delaware Division of Revenue.
  • 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 Delaware state board. DBA filing requires professional licenses if you operate under a General Partnership in Delaware. 
  • 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 Delaware state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In Delaware, 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 Delaware. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on Delaware’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 Delaware the same as a Trade Name?

Yes, in Delaware, 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 Delaware may vary depending on the type of business and the state’s specific regulations.

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

No, you do not need to register your DBA (Doing Business As) name in Delaware 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 Delaware. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in Delaware, you may need to obtain an Employer Identification Number (EIN) in Delaware 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 Delaware Registered Business Name?

If you already have a registered business name in Delaware 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?
DBA is short for “doing business as.” It’s also called a trade name or fictitious name.
Is a DBA name the same as a legal business entity?
No, a DBA name is simply a name that is used to refer to a legal business entity. It is not a legal business entity in and of itself.
Do I need a DBA name if I am a sole proprietor doing business under my own name?
If you are doing business under your own name as a sole proprietor in Delaware, you do not need to register a DBA.
What is the process for obtaining a DBA name in Delaware?
You need to get in touch with the Division of Corporations to register your trade name.
Can I register a DBA name online in Delaware?
Yes, Delaware allows business owners to easily register a DBA name using the Division of Corporation’s online system.
Do I need to file a DBA name in Delaware if my business is registered as an LLC or corporation?
Yes, if you want to do business under a name other than the name your LLC or corporation was formed under, you will need to file a DBA name in Delaware.
How long does it take to obtain a DBA name in Delaware?
It typically takes a few days to a week to process a DBA registration in Delaware.
Does registering a DBA name protect my business name?
No, registering a DBA name does not provide the same type of legal protection that a trademark would.
What fees are associated with registering a DBA name in Delaware?
The fee for filing a DBA in Delaware is $25.
Can I change my DBA name after it has been filed?
Yes, you can file an amendment to change your DBA name.
Is the DBA name I choose in Delaware case sensitive?
No, Delaware does not differentiate between uppercase and lowercase letters for DBA names.
Can I use a DBA name to open a business bank account?
Yes, once you’ve registered a DBA name, you can use it to open a business bank account in Delaware.
How long does a DBA name last in Delaware?
In Delaware, a DBA registration lasts five years from the date of filing.
What happens if I fail to renew my DBA name registration in Delaware?
If you fail to renew your DBA name registration in Delaware, it will expire.
Can I use my Delaware DBA in other states?
No, you will need to register your DBA name separately in other states where you plan to do business.
Can I transfer my DBA name to someone else?
No, DBA names cannot be transferred in Delaware.
Are there any restrictions on the name I can choose for my DBA name in Delaware?
DBA names in Delaware cannot imply that they are an official government agency or organization.
Can I use my own name as a DBA name in Delaware?
Yes, as long as you’re a sole proprietor, you can use your own name as a DBA in Delaware.
Is there a difference between a DBA and a trademark?
Yes, a trademark is a legal protection for a name or logo, while a DBA name is simply a name used for doing business.
Is it necessary to publish my DBA name in a newspaper in Delaware?
No, publishing your DBA name is not required in Delaware.
Can I apply for a DBA name in Delaware with an out-of-state address?
Yes, you can apply for a DBA name in Delaware as long as you have a mailing address.
Can I reserve a DBA name before officially registering it in Delaware?
No, Delaware does not allow for reserving DBA names.
Can I apply for my DBA name registration via mail/fax in Delaware?
No, Delaware requires DBA name registrations to be filed online or in-person only.
I am planning on doing business under multiple names, will I need to register each DBA separately in Delaware?
If you’re doing business under separate names, you will need to file separate DBA registrations in Delaware.
What is the timeframe for registering my DBA in Delaware?
Delaware requires you to register your DBA name within 120 days of starting business operations using that name.
Can I find out if a DBA name is available in Delaware before I file?
Yes, you can search Delaware’s online database to see if a DBA name is already taken.
Can I change the business location associated with my DBA name?
Yes, you can register a new address with the Division of Corporations for your DBA name registration.
Can I use my current registered business name as a DBA in Delaware?
No, if your business is already registered in Delaware, you cannot use the same name as a DBA.
Do I need an attorney to register a DBA name in Delaware?
No, you do not need an attorney to register a DBA in Delaware.
Why do I need a DBA name in Delaware?
You may need a DBA name in Delaware if you want to conduct business using a name that is different from your legal name or the name of your LLC, corporation, or partnership.
How do I check if my desired DBA name is already taken in Delaware?
You can check the availability of your desired DBA name through the Delaware Division of Corporations website.
How do I register a DBA name in Delaware?
To register a DBA name in Delaware, you will need to file a Trade Name Registration Form with the Delaware Division of Corporations.
Are there any fees associated with registering a DBA name in Delaware?
Yes, there is a $25 fee to file a Trade Name Registration Form in Delaware.
Do I need to renew my DBA name registration in Delaware?
Yes, you will need to renew your DBA name registration every five years in Delaware.
Can I change my DBA name in Delaware?
Yes, you can change your DBA name by filing a new Trade Name Registration Form and paying the associated fee.
Can I have multiple DBA names in Delaware?
Yes, you can have multiple DBA names in Delaware as long as they are registered separately for each business name.
Can I transfer my DBA name registration to someone else in Delaware?
No, you cannot transfer your DBA name registration to someone else in Delaware.
How long does it take to register a DBA name in Delaware?
It typically takes 2-3 business days for the Delaware Division of Corporations to process and approve a Trade Name Registration Form.
Can I register a DBA name by mail in Delaware?
Yes, you can register a DBA name by mailing a completed Trade Name Registration Form and payment to the Delaware Division of Corporations.
Can I register a DBA name in person in Delaware?
Yes, you can register a DBA name in person by visiting the Delaware Division of Corporations office.
Can a sole proprietorship in Delaware have a DBA name?
Yes, a sole proprietorship can have a DBA name in Delaware.
Is a DBA name registration in Delaware state-specific?
Yes, a DBA name registration in Delaware only applies to businesses operating in Delaware.
What is the difference between a DBA name and a trademark in Delaware?
A DBA name is used to operate a business under a different name, while a trademark is used to distinguish a company’s products or services from others in the market.
What happens if I don’t register a DBA name in Delaware?
If you fail to register a DBA name in Delaware, you may not be able to open a bank account or conduct business under a different name than your legal name.
Does a DBA name in Delaware protect my business name?
No, registering a DBA name in Delaware does not guarantee exclusive rights to your business name.
Can a corporation name be the same as a DBA name in Delaware?
Yes, a corporation name can also be used as a DBA name in Delaware.
Does registering a DBA name in Delaware change my business structure?
No, registering a DBA name in Delaware does not change your business structure.
Do I need to file for a DBA name renewal every year in Delaware?
No, you only need to file for a DBA name renewal every five years in Delaware.
Can I use a DBA name for a nonprofit organization in Delaware?
Yes, you can use a DBA name for a nonprofit organization in Delaware.
How do I cancel a DBA name registration in Delaware?
To cancel a DBA name registration in Delaware, you will need to file a Notice of Withdrawal of Trade Name form with the Delaware Division of Corporations.
Can I register a DBA name with a social security number in Delaware?
Yes, you can register a DBA name with your social security number in Delaware if you are a sole proprietor.
Can a foreign corporation register a DBA name in Delaware?
Yes, a foreign corporation can register a DBA name in Delaware if it wants to operate under a different name than the one it’s registered under in its home state.
Are DBA name registrations in Delaware confidential?
No, DBA name registrations in Delaware are public information. Anyone can view them on the state’s website.
Can I have a DBA name if I have an online business in Delaware?
Yes, you can have a DBA name for your online business in Delaware as long as it’s registered separately from your legal business name.

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Conclusion

Getting a DBA name in Delaware 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 Delaware and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with Delaware’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

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