Doing business as

Doing Business As (DBA), also known as a fictitious business name, assumed business name, or trade name, is a legal term used in the United States and other countries to describe a business operating under a name that is different from its legal, registered name. This practice allows businesses to operate under a name that may be more recognizable or marketable than the legal name of the entity.

Overview

A DBA is not a separate legal entity; it is simply a name under which a business operates. The legal entity behind the DBA can be a sole proprietorship, partnership, limited liability company (LLC), or corporation. The primary purpose of a DBA is to allow businesses to conduct transactions and market themselves under a name that is different from their legal name.

Purpose and Benefits

The use of a DBA can provide several benefits to a business:

• Branding and Marketing: A DBA allows a business to create a brand identity that is distinct from its legal name. This can be particularly useful for businesses that want to target specific markets or demographics.

• Flexibility: Businesses can operate multiple DBAs under a single legal entity, allowing them to diversify their offerings without creating new legal entities.

• Privacy: For sole proprietors, a DBA can provide a level of privacy by allowing them to operate under a name that does not include their personal name.

Legal Requirements

The requirements for registering a DBA vary by jurisdiction, but generally include the following steps:

• Filing a DBA Registration: Businesses must file a DBA registration with the appropriate government agency, which is often the county clerk's office or the state government.

• Publication Requirement: Some jurisdictions require businesses to publish a notice of their DBA in a local newspaper to inform the public of the new business name.

• Renewal: DBAs may need to be renewed periodically, depending on local laws.

Limitations

While a DBA allows a business to operate under a different name, it does not provide any legal protection for the name itself. Unlike a trademark, a DBA does not prevent other businesses from using the same name. Businesses seeking exclusive rights to a name should consider registering it as a trademark.

International Variations

The concept of a DBA exists in various forms around the world, although the terminology and legal requirements may differ. For example, in the United Kingdom, the equivalent is often referred to as a "trading as" name.

Conclusion

A DBA is a useful tool for businesses looking to operate under a name that is different from their legal name. It provides flexibility and branding opportunities, but businesses should be aware of the limitations and legal requirements associated with using a DBA.

See Also

• Trademark
• Sole proprietorship
• Limited liability company
• Corporation