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

Steve Bennett
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Get a DBA Name in Kansas

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 Kansas. 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 Kansas.

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 Kansas business.

What is a DBA Name?

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

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How to Get a DBA Name in Kansas

Starting a business in Kansas 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 Kansas.

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 Kansas:

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

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

There is no fee associated with registering a DBA name.

Step 5: Publish a Notice of Your New DBA Name

Kansas 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 Kansas or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

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

Step 7: Renew Your DBA Registration as Needed

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

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

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

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

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

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

If you already have a registered business name in Kansas 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 in Kansas?
In Kansas, ‘DBA’ stands for “Doing Business As,” and refers to a business name that is different from the owner’s personal name or the legal name of the business entity.
When should I register for a DBA name in Kansas?
You should register for a DBA name in Kansas before you start doing business under a name other than your personal name or the legal name of your business entity.
Where do I need to file for a DBA in Kansas?
You will need to file for a DBA (Doing Business As) with the Secretary of State’s office in Kansas.
Can I file for a DBA name in Kansas online?
Yes, it is possible to file for a DBA name in Kansas online through the Secretary of State’s website.
How much does it cost to file for a DBA name in Kansas?
It costs $35 to file for a DBA name in Kansas if you file online, or $50 if you file by mail.
Do I need to publish my DBA name in a newspaper in Kansas?
No, you do not need to publish your DBA name in a newspaper in Kansas.
How long does it take to process a DBA application in Kansas?
It typically takes 3-5 business days for a DBA application to be processed in Kansas.
How long does a Kansas DBA name last?
A DBA name in Kansas must be renewed every five years.
What happens if I don’t renew my Kansas DBA name?
If you don’t renew your Kansas DBA name, it will expire and become available for someone else to use.
Do I need a separate EIN for my DBA name in Kansas?
No, you can use the same EIN for your DBA name in Kansas as you use for your legal business entity.
Do I need to collect sales tax with my Kansas DBA name?
Yes, if you are selling taxable goods or services under your DBA name in Kansas, you will need to collect sales tax.
Do I need a business license if I file for a DBA name in Kansas?
No, you don’t need a separate business license to operate under a DBA name in Kansas.
What is the difference between a Kansas DBA name and a Kansas LLC?
A Kansas DBA name is just an alternative name for your business entity, while a Kansas LLC is a separate legal entity that can protect your personal assets from business liabilities.
Can I have multiple DBA names in Kansas?
Yes, you can file multiple DBA names in Kansas if you operate different lines of business under separate names.
Can I trademark my Kansas DBA name?
Yes, you can trademark your Kansas DBA name if it meets the necessary criteria for trademark protection.
What should I do if someone else is using the same DBA name in Kansas?
If someone else is already using the same DBA name in Kansas, you may need to choose a different name to avoid confusion and/or legal action.
Can I change my Kansas DBA name?
Yes, you can change your Kansas DBA name by filing a new DBA application with the Kansas Secretary of State.
What kind of personal information will I need to provide when registering a DBA name in Kansas?
You will need to provide your name, address, and contact information when registering a DBA name in Kansas.
Do I need to update my Kansas DBA name if I move or change my business address?
Yes, you will need to update your Kansas DBA name if you move or change your business address.
Can I do business under my own personal name in Kansas without registering a DBA name?
Yes, you can do business under your own personal name in Kansas without registering a DBA name.
Can I file for a Kansas DBA name if I am not a resident of Kansas?
Yes, anyone can file for a DBA name in Kansas as long as they have a physical address for their business in the state.
How do I know if my Kansas DBA name is available?
You can search for available DBA names on the Kansas Secretary of State’s website.
Do I need to file for a federal trademark registration if I have a Kansas DBA name?
No, you don’t need to file for a federal trademark registration if you have a Kansas DBA name, but it can provide additional legal protection for your brand.
Can I use an online legal service to file for a Kansas DBA name?
Yes, you can use an online legal service to file for a Kansas DBA name, although you may want to consult with an attorney for specific legal advice.
Do I need to file for a DBA name if I am an independent contractor in Kansas?
No, independent contractors operating under their own name don’t usually need to file for a DBA name in Kansas.
Can foreign entities file for a DBA in Kansas?
Yes, foreign entities can file for a DBA in Kansas as long as they are authorized to do business in the state.
Can I file for a Kansas DBA name for a non-profit organization?
Yes, non-profit organizations can file for a DBA name in Kansas.
Do I need to file a DBA name if I have a sole proprietorship in Kansas?
If you are doing business under a name that is different from your own personal name as a sole proprietor, you will need to file for a DBA name in Kansas.
What does DBA mean?
DBA stands for “Doing Business As.”
Do I need to register for a DBA name in Kansas?
Yes, if you are doing business under a name other than your own legal name.
How do I register for a DBA name in Kansas?
You can file your registration with the Kansas Secretary of State or your local county clerk.
Is there a fee to register a DBA name in Kansas?
There may be a fee for the registration, which can vary by county.
Can I use my DBA name outside of Kansas?
Yes, you can use your DBA name in any state as long as it’s registered with the proper authorities in that state.
Do I have to renew my DBA name registration in Kansas?
Yes, your Kansas DBA registration needs to be renewed periodically, usually every five years.
Can more than one person use the same DBA name in Kansas?
Yes, as long as each person registers their use of the name with the state.
Can I change my DBA name in Kansas after it’s registered?
Yes, you can change your DBA name by simply re-registering with the state.
Do I need an attorney to register for a DBA name in Kansas?
No, you can register yourself online or by filing a registration with the Secretary of State.
What information do I need to file a DBA name registration in Kansas?
You will need your name, address, and contact information, as well as your proposed DBA name and the reason for your business.
Can I use a DBA name to evade personal liability?
No, using a DBA name does not protect you from personal liability in Kansas.
Can I trademark my DBA name in Kansas?
You can apply for a trademark for your DBA, but this does not guarantee that the trademark will be granted.
Do I need to publish notice of my DBA name in Kansas?
It depends on the county you are registering in, some require publication while others do not
Do I need to file a DBA name registration if I’m the sole owner of my business in Kansas?
Only if you are doing business under a name that is not your own legal name.
Can my DBA name be the same as another business in Kansas?
No, your DBA name should be unique and not confuse customers
Can a corporation or LLC file a DBA name in Kansas?
Yes, corporations and LLCs can file a DBA.
Am I required to have a bank account separate from my personal account for my DBA in Kansas?
Not necessarily; but it’s a good idea for accounting purposes.
Do I need to tax ID for my DBA in Kansas?
You can use your social security number or register for an employer identification number.
Is there a residency requirement to register for a DBA name in Kansas?
No, there is no residency requirement to file for a DBA.
Is there a deadline for filing a DBA registration in Kansas?
No, there is no specific deadline, although it’s best to file as soon as possible.
Is proof of insurance required in order to register for a DBA name in Kansas?
No, there is no insurance requirement for registering a DBA in Kansas.
Can I do business before I register my DBA in Kansas?
No, it is illegal to do business under a DBA name until it is registered.
Do I need to register a DBA name for a sole proprietorship in Kansas?
Yes, if the name is anything other than your personal legal name.
Can I register different DBA names for different products or services in Kansas?
Yes, you can register multiple DBA names with different uses under the same business.
Can I register a DBA name for a non-profit organization in Kansas?
Yes, non-profit organizations can register a DBA name in Kansas.
How long does it take for my DBA registration to be approved in Kansas?
It varies, but usually within a few weeks.
Can I register for a DBA name in Kansas online?
Yes, the Kansas Secretary of State website allows you to register online.
Can I register for a DBA name in person in Kansas?
Yes, you can file your registration with your local county clerk in person.
Can someone else use my registered DBA name in Kansas and what can I do if they do?
No, others cannot use your registered DBA name unless you give them permission. If they do so without your permission you may sue for trademark infringement.

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Conclusion

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

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