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


Steve Bennett
Steve Bennett
Business Formation Expert
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Get a DBA Name in Georgia

Are you looking to establish a business in Georgia 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 Georgia, 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.

Georgia, popularly known as The Peach 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 Georgia.

What is DBA Name in Georgia?

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 Articles of Incorporation or Articles of Organization 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 Georgia. 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 Georgia under a name other than your personal name or an existing corporate name, you must submit a DBA name with Georgia 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 Georgia, 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 Georgia

To get a DBA in Georgia, you must first check if any other business is already using the name before filing a DBA in Georgia. You can then submit the Georgia business name reservation form after it has been confirmed that no other company is already using the chosen name. You can search the Georgia 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 Georgia, you must check with Georgia 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 Georgia.

  • In Georgia, 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 Georgia Banking Commissioner’s Office, or any insurance-related words without a letter from the Georgia Georgia Department of Insurance.
  • 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 Georgia 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 Georgia 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 Georgia LLC name search guide to see how you can find the availability of your desired LLC name in Georgia.

Before you may register your Trade Name in Georgia, 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 Georgia.

Register the Georgia 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 Georgia 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 Georgia
  • Application’s name, title, signature, and date Email address

Submitting the Georgia DBA Name Application

To file the Georgia DBA Name, you must apply to the Georgia Secretary of State. In Georgia, you can file the DBA name in two methods, by mail and in person. The cost of filing the Fictitious Name (DBA name) in Georgia is $172.

  • 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 Clerk of Superior Court, Attention: Recording Division, 136 Pryor St. SW, Atlanta, GA 30303

Using the Georgia Trade Name

Three “specimens” demonstrating the Trade Name used must be submitted to Georgia 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 Georgia

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 Georgia.

How to Change a Trade Name

You can change your Trade Name (DBA or Fictitious Name) by applying to the Georgia 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 Georgia SOS.

FAQs

What is a DBA Name in Georgia?
A DBA (“Doing Business As”) name is a fictitious name that a business entity uses to conduct business in Georgia. The DBA name must be registered with the Georgia Secretary of State.
What is required to File a DBA Name in Georgia?
To file a DBA name in Georgia, you must submit a Fictitious Name application with the Georgia Secretary of State. This application must include the name of the business, the type of business entity, and the address of the business.
How much does it cost to File a DBA Name in Georgia?
The fee to file a DBA Name in Georgia is $50.
Where do I File a DBA Name in Georgia?
The Fictitious Name application must be filed with the Georgia Secretary of State.
How long does it take to File a DBA Name in Georgia?
The filing time for a DBA Name in Georgia is usually 1-2 business days.
When is my DBA Name in Georgia effective?
Your DBA Name in Georgia is effective on the date it is filed with the Georgia Secretary of State.
What is the renewal period for my DBA Name in Georgia?
DBA Names in Georgia must be renewed every five years.
How do I renew my DBA Name in Georgia?
To renew your DBA Name in Georgia, you must submit a Fictitious Name Renewal form to the Georgia Secretary of State.
Is there a penalty for not renewing my DBA Name in Georgia on time?
Yes, there is a penalty for not renewing your DBA Name in Georgia on time. The penalty is $25 and must be paid when the renewal form is filed.
What if I need to change my DBA Name in Georgia?
To change your DBA Name in Georgia, you must submit a Fictitious Name Amendment form to the Georgia Secretary of State.
Is there a fee to change my DBA Name in Georgia?
Yes, there is a fee of $50 to change your DBA Name in Georgia.
Can I use my DBA Name in Georgia for Federal tax purposes?
Yes, you can use your DBA Name in Georgia for Federal tax purposes.
Do I need to register my DBA Name in Georgia with the County Clerk?
No, you do not need to register your DBA Name in Georgia with the County Clerk. The registration must be done with the Georgia Secretary of State.
Is there a minimum age requirement to File a DBA Name in Georgia?
No, there is no minimum age requirement to File a DBA Name in Georgia.
Can I use a DBA Name in Georgia if I am a foreign entity?
Yes, foreign entities can use a DBA Name in Georgia.
Can I use a DBA Name in Georgia if I am a sole proprietor?
Yes, sole proprietors can use a DBA Name in Georgia.
Can I use a DBA Name in Georgia if I am a partnership?
Yes, partnerships can use a DBA Name in Georgia.
Can I use a DBA Name in Georgia if I am a corporation?
Yes, corporations can use a DBA Name in Georgia.
Can I use a DBA Name in Georgia if I am a limited liability company (LLC)?
Yes, limited liability companies (LLCs) can use a DBA Name in Georgia.
Do I need to publish my DBA Name in Georgia in a newspaper?
No, you do not need to publish your DBA Name in Georgia in a newspaper.
Can I use a DBA Name in Georgia if my name is already in use?
Yes, you can use a DBA Name in Georgia if your name is already in use, as long as it is not being used by any other entity registered with the Georgia Secretary of State.
Can I use a DBA Name in Georgia if my name is the same as another business entity?
No, you cannot use a DBA Name in Georgia if your name is the same as another business entity registered with the Georgia Secretary of State.
Can I use a DBA Name in Georgia if my name is the same as a famous name?
No, you cannot use a DBA Name in Georgia if your name is the same as a famous name.
Can I use a DBA Name in Georgia if my name includes profane language?
No, you cannot use a DBA Name in Georgia if your name includes profane language.
Is there a limit on the number of DBA Names I can register in Georgia?
No, there is no limit on the number of DBA Names you can register in Georgia.
Do I need to file a separate DBA Name in Georgia if I have multiple businesses?
Yes, you must file a separate DBA Name in Georgia for each business.
Do I need to obtain a trademark for my DBA Name in Georgia?
No, you do not need to obtain a trademark for your DBA Name in Georgia.
Do I need to obtain a license for my DBA Name in Georgia?
You may need to obtain a license for your DBA Name in Georgia depending on the type of business you are conducting.
Do I need to register my DBA Name in Georgia with the Internal Revenue Service?
No, you do not need to register your DBA Name in Georgia with the Internal Revenue Service.
Does my DBA Name in Georgia need to be approved by the Georgia Secretary of State?
Yes, your DBA Name in Georgia must be approved by the Georgia Secretary of State before it can be used.

Also Read

Why Georgia DBA Filing is So Important

A DBA, also known as a trade name or fictitious business name, allows a business to operate under a name different from its legal name. This can be particularly useful for sole proprietors and partnerships who want to operate under a unique name without going through the process of formally registering a separate legal entity. It can also be useful for established businesses looking to rebrand or expand their operations under a new name.

Filing a DBA in Georgia is a simple and relatively inexpensive process, yet its importance cannot be overstated. One of the primary reasons why Georgia DBA filing is so important is because it helps establish and maintain the legal identity of the business. By registering a DBA, the business owner is able to officially declare the name under which they will be conducting business. This not only provides clarity for customers and vendors but also helps prevent confusion and potential legal issues down the line.

Moreover, filing for a DBA can also help businesses build credibility and trust with their customers. Operating under a distinctive name can make a business appear more professional and established, which can in turn attract more customers and generate greater brand recognition. In an increasingly competitive business landscape, establishing a strong brand identity is essential for long-term success, and a DBA can be a valuable tool in achieving that goal.

From a legal standpoint, Georgia DBA filing is important because it allows businesses to comply with state laws and regulations regarding business names. Without a registered DBA, a business may run into complications with licensing, permits, or other legal requirements. In worst-case scenarios, a business operating without a registered DBA could face fines, lawsuits, or even be forced to cease operations entirely. By taking the necessary steps to file for a DBA, business owners can ensure that they are operating within the bounds of the law and avoiding potentially costly legal troubles.

In addition to legal compliance, filing for a DBA can also provide businesses with greater flexibility and protection. By registering a DBA, businesses can more easily open bank accounts, enter into contracts, and conduct other essential business activities under their chosen name. Furthermore, registering a DBA can prevent others from using the same name for their own business, protecting the brand and reputation that the business owner has worked so hard to build.

Overall, the importance of Georgia DBA filing cannot be overstated. From establishing a unique brand identity to complying with legal requirements and protecting the business from potential risks, there are numerous benefits to registering a DBA. By taking the time to file for a DBA, business owners can set themselves up for success and lay a solid foundation for their business to thrive for years to come.

In Conclusion

A DBA name in Georgia 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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