How to Get a DBA Name For an LLC in Delaware – An Easy Guide


Steve Goldstein
Steve Goldstein
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Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Get a DBA Name in Delaware

Are you looking to establish a business in Delaware and need to get a DBA (Doing Business As) name for your venture? You’re in the right place! A DBA, also known as a Trade Name, Fictitious Name, or Assumed Name, allows you to conduct business under a name that’s different from your legal business name. This can be advantageous for branding, marketing, and overall business operations.

In Delaware, if you’re willing to use a different name other than the legal name for your business, you must file the DBA (Doing Business As). The public (specifically your potential customers) knows your business by its registered legal name. Instead of using your formal business name, you may use the trade name or DBA in marketing and sales to reach a wider audience.

Delaware, popularly known as The First State, has some regulations when it comes to filing your DBA name. However, the regulations can vary depending on the type of business structure you have. In this article, I will share the basic steps to get a DBA Name in Delaware.

What is DBA Name in Delaware?

Whenever you form an LLC or any business structure, you must get a name for it. Every company has a legitimate name. For instance, a partnership or sole proprietorship might function under the legal name of the company’s owner or owners. The name specified in the Certificate of Incorporation or Certificate of Formation may be used by any business entity, including corporations, limited liability companies (LLCs), and others.

However, there are situations when you may decide against using your company’s registered legal name in Delaware. This is due to a variety of factors. For instance, the legal name of your company can be unrelated to it or no longer accurately describe it. Or perhaps you want a new name without altering your documentation for incorporation or registration.

If you intend to run your business in Delaware under a name other than your personal name or an existing corporate name, you must submit a DBA name with Delaware state regardless of the type of business entity you have incorporated as (single proprietor, partnership, corporation, or LLC).

No restrictions exist on how many DBA names you can use to do business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

In Delaware, changing your business name is a risky factor. It can bring positive and negative effects on your business. Hence, before you file and change your legal business name, analyze all the risks and advantages.

LLCBuddy Editorial Team

How to Get a DBA in Delaware

To get a DBA in Delaware, you must first check if any other business is already using the name before filing a DBA in Delaware. You can then submit the Delaware business name reservation form after it has been confirmed that no other company is already using the chosen name. You can search the Delaware Government Records Inquiry System and confirm that the name you chose is not already in use. However, getting a DBA is not mandatory in many states. If you open an LLC in Delaware, you must check with Delaware Secretary of State whether you need to file DBA or not.

Guideline for choosing a DBA name

You must choose a name to register, which is the crucial step. There are a few straightforward LLC name guidelines to follow (if you’re forming an LLC) while choosing a name in Delaware.

  • In Delaware, fictional names cannot be the same or similar to one another. A DBA cannot deceive the public by appearing to be confusingly similar to any other business name.
  • Unless the company has been incorporated as an LLC or corporation, a DBA name cannot contain a corporate indication, such as Corp or LLC, or any other words that imply an entity type. This will stop a lone proprietor from passing for a legitimate corporation.
  • Any banking-related words without a letter from the Delaware Banking Commissioner’s Office, or any insurance-related words without a letter from the Delaware Delaware Insurance Department.
  • Any words that could confuse your corporation with a government agency (FBI, Treasury, State Department, etc.).
  • A professional designation in the name (i.e., engineering, attorney) without a copy of the license of one officer/member or a letter from the governing agency allowing the use of the name without licensing.
  • Any words that indicate or imply that the corporation is engaged in a business that is not authorized by law to pursue.

How Can You Tell if a DBA Name in Delaware is available?

Once you have selected a name that complies with the requirements mentioned above, there are a number of methods you can use to find out if the name is open for registration. One simple strategy is to look up other companies in Delaware with the same name on Google.

It is a simple technique to clear out any already taken names, even though it may not guarantee that the name you want to register is accessible. As it is likely that you will require a website domain that matches your business name, you may also check to see whether the web domain for that name is accessible. For example, you can check Delaware LLC name search guide to see how you can find the availability of your desired LLC name in Delaware.

Before you may register your Trade Name in Delaware, you must have used it for business purposes. Therefore, you must use a Trade Name as soon as possible if you want to register and protect it in Delaware.

Register the Delaware DBA Name

Once you have established that the name is available for registration, you must finish the file using the forms your county has provided. You must register your DBA name in the county where you intend to conduct business. In most Delaware counties, the following fundamental information is needed-

  • Name of the company, its phone number, city, state, and street address
  • The organization type under which the business is incorporated
  • List the partners’ names and addresses (if applicable)
  • Describe the items, services, or business that will be delivered under the Fictitious Name in the registration form
  • Use of the Fictitious Name in the marketplace
  • Both the classification type and number
  • Make a mark (pick Trade Name)
  • Date and state of the first use of the trade name
  • When the Trade Name first appeared in Delaware
  • Application’s name, title, signature, and date Email address

Submitting the Delaware DBA Name Application

To file the Delaware DBA Name, you must apply to the Delaware Secretary of State. In Delaware, you can file the DBA name in two methods, by mail and in person. The cost of filing the Fictitious Name (DBA name) in Delaware is $25.

  • Online filing: There is no online filing available
  • Offline filing: For filing offline, you must send the downloaded PDF form or drop it off in person at the Leonard L. Williams Justice Center, Prothonotary, Superior Court, 500 North King Street, Suite 500, LL1, Wilmington, DE 19801-3746

Using the Delaware Trade Name

Three “specimens” demonstrating the Trade Name used must be submitted to Delaware Secretary of State. The following are some instances of acceptable specimens:

  • Business cards
  • Booklets,
  • Flyers,
  • Labels, and
  • Stickers

How to Renew a Trade Name in Delaware

You can renew your DBA name after a stipulated time. In most states, the renewal of the DBA name follows the same process as filing a fresh DBA name. You need to get the DBA renewal form, fill it up with the correct information, and submit it to the state online or offline. The renew time for DBA name filing is Indefinite in Delaware.

How to Change a Trade Name

You can change your Trade Name (DBA or Fictitious Name) by applying to the Delaware SOS. The process is similar. You can search for the name you want to have after changing the old Trade Name. If the name is available, make sure it follows other guidelines. You can reserve your DBA name for Indefinite; after then, you can change or renew your DBA if needed through the Delaware SOS.

FAQs

What is a DBA Name?
A DBA name, also known as a “Doing Business As” name, is a legal business name used to identify a business owner.
Is a DBA Name required to operate a business in Delaware?
Yes, a DBA name is required to legally operate a business in Delaware.
How do I register a DBA Name in Delaware?
You must file a DBA name with the Delaware Division of Corporations.
What information is required to file a DBA Name in Delaware?
You will need to provide the name of the business, the owner’s name and address, and a statement of purpose.
What is the cost to file a DBA Name in Delaware?
The cost to file a DBA name in Delaware is $50.
How long does it take to file a DBA Name in Delaware?
It usually takes two to three weeks to file a DBA name in Delaware.
What is the state filing fee for a DBA Name in Delaware?
The state filing fee for a DBA name in Delaware is $50.
Is there a minimum length of time for a DBA Name to be valid in Delaware?
No, there is no minimum length of time for a DBA name to be valid in Delaware.
Are there any restrictions for names used for DBA Names in Delaware?
Yes, any DBA names in Delaware must be distinguishable from any existing business names on file with the Delaware Division of Corporations.
Do I need to renew my DBA Name in Delaware?
No, once filed, a DBA name in Delaware does not need to be renewed.
Do I need to register my DBA Name with the Delaware Secretary of State?
No, you do not need to register your DBA name with the Delaware Secretary of State. The filing should be done with the Delaware Division of Corporations.
Can I use my DBA Name as a trademark in Delaware?
Yes, you can use your DBA name as a trademark in Delaware, but you must file a trademark application with the U.S. Patent and Trademark Office to do so.
Do I need a business license to use a DBA Name in Delaware?
Yes, you will need to obtain a business license in Delaware in order to legally use a DBA name.
Can I use my DBA Name for banking purposes in Delaware?
Yes, you can use your DBA name for banking purposes in Delaware. However, you will need to apply for an EIN from the IRS and open a business checking account in the name of your business.
What are the benefits of filing a DBA Name in Delaware?
Filing a DBA name in Delaware provides business owners with the legal protection of their business name and the ability to open a business checking account in the name of their business.
Are there any additional taxes or fees associated with filing a DBA Name in Delaware?
No, there are no additional taxes or fees associated with filing a DBA name in Delaware.
Can I file a DBA Name in Delaware if I am not a resident of Delaware?
Yes, you can file a DBA name in Delaware if you are not a resident of Delaware.
Is there a way to expedite the filing of a DBA Name in Delaware?
Yes, you can expedite the filing of a DBA name in Delaware by filing online.
How long is a DBA Name valid in Delaware?
A DBA name is valid in Delaware indefinitely as long as it remains in good standing.
What steps do I need to take to change my DBA Name in Delaware?
To change your DBA name in Delaware, you must file a Certificate of Amendment with the Delaware Division of Corporations.
Is there a way to check the status of my DBA Name filing in Delaware?
Yes, you can check the status of your DBA name filing in Delaware by searching for your business name in the database of the Delaware Division of Corporations.
What happens if I don’t file a DBA Name in Delaware?
If you don’t file a DBA name in Delaware, you won’t be able to legally operate a business in the state and may be subject to fines or penalties.
Where can I find more information about filing a DBA Name in Delaware?
You can find more information about filing a DBA name in Delaware on the website of the Delaware Division of Corporations.
Does filing a DBA Name in Delaware protect my intellectual property?
No, filing a DBA name in Delaware does not protect your intellectual property. You must file a trademark application with the U.S. Patent and Trademark Office to protect your intellectual property.
Is there a difference between filing a DBA Name and incorporating a business in Delaware?
Yes, filing a DBA name in Delaware only allows you to operate a business under a different name than the legal owner’s name. Incorporating a business in Delaware, on the other hand, creates a separate legal entity that is owned and operated by the business owners.
Can I file a DBA Name in Delaware if I am a foreign national?
Yes, you can file a DBA name in Delaware if you are a foreign national.
Can I use the same DBA Name in multiple states?
No, you will need to file a DBA name in each state where you plan to do business.
Is there a way to search for existing DBA Names in Delaware?
Yes, you can search for existing DBA names in Delaware on the website of the Delaware Division of Corporations.
Is there a way to transfer a DBA Name from another state to Delaware?
Yes, you can transfer a DBA name from another state to Delaware by filing a Certificate of Change with the Delaware Division of Corporations.
Can I file a DBA Name in Delaware online?
Yes, you can file a DBA name in Delaware online through the website of the Delaware Division of Corporations.

Also Read

Why Delaware DBA Filing is So Important

A DBA name, also known as a fictitious name or trade name, is a name that a business uses that is different from its legal name. In Delaware, businesses are required to file a DBA name with the Secretary of State if they operate under a name other than their legal name. This may seem like a simple administrative task, but the ramifications of not filing a DBA name can be significant.

First and foremost, filing a DBA name ensures that there is no confusion among consumers about the identity of a business. By officially registering a fictitious name with the state, businesses can establish and protect their brand identity. This is especially important for businesses that operate under a name that is different from the legal name of the owner or entity. Without a DBA filing, businesses run the risk of legal disputes, loss of customers, and damage to their reputation.

Additionally, filing a DBA name can also help businesses comply with licensing and registration requirements. Many industries require businesses to have a valid DBA name before applying for certain licenses or permits. By proactively filing a DBA name, businesses can avoid delays in obtaining necessary approvals and ensure they are operating within the bounds of the law.

Furthermore, filing a DBA name can also protect the personal assets of business owners. By establishing a separate identity for the business through a DBA name, owners can separate their personal finances from their business finances. This can help shield personal assets from potential liabilities and legal claims that may arise in the course of operating a business.

Lastly, filing a DBA name in Delaware can also enhance the credibility and professionalism of a business. In today’s competitive marketplace, consumers are more discerning than ever. By registering a DBA name, businesses demonstrate to customers, suppliers, and partners that they are serious about their operations and committed to transparency and compliance.

In conclusion, the importance of filing a DBA name in Delaware cannot be overstated. From protecting brand identity to complying with legal requirements, and safeguarding personal assets, there are numerous reasons why businesses should prioritize this administrative task. By taking the time to register a fictitious name with the state, businesses can set themselves up for long-term success and avoid potential pitfalls down the road. So, if you are a business owner operating under a name that is different from your legal entity, do not hesitate to file a DBA name in Delaware – your business will thank you for it.

In Conclusion

A DBA name in Delaware is the best way to update your business name. Unlike the registered legal business name, you can have as many as DBA names. You can use your new assumed name as soon as the state has processed your filing, and getting one is a rather simple process. Whether you have an LLC or any other business structure, filing a DBA name is helpful for your business upgradation anytime.

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