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


Steve Bennett
Steve Bennett
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Get a DBA Name in West Virginia

Are you looking to establish a business in West Virginia 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 West Virginia, 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.

West Virginia, popularly known as The Mountain 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 West Virginia.

What is DBA Name in West Virginia?

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 West Virginia. 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 West Virginia under a name other than your personal name or an existing corporate name, you must submit a DBA name with West Virginia 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 West Virginia, 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 West Virginia

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

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

Before you may register your Trade Name in West Virginia, 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 West Virginia.

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

Submitting the West Virginia DBA Name Application

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

  • Online filing: There is no online filing available
  • Offline filing: For filing offline in West Virginia, you must send the accomplished DBA filing form to the West Virginia Secretary of State, Business and Licensing Division, One-Stop Business Center, 1615 East Washington Street, Charleston, WV 25311-2126 or drop it off in person at the same address.

Using the West Virginia Trade Name

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

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 West Virginia.

How to Change a Trade Name

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

FAQs

What is a DBA Name in West Virginia?
A DBA (“Doing Business As”) name is a business name registered with the West Virginia Secretary of State’s Office. It is also sometimes referred to as an assumed, fictitious, or trade name.
What are the requirements for filing a DBA Name in West Virginia?
The requirements for filing a DBA name in West Virginia are that the name must be distinguishable from the name of any other business entity registered in West Virginia and must not contain language that implies a business is a corporation or limited liability company.
Is there a fee for filing a DBA Name in West Virginia?
Yes, there is a filing fee of $25 when filing a DBA name in West Virginia.
How long is a DBA Name effective in West Virginia?
A DBA name in West Virginia is effective for five years after the initial filing date.
How do I file a DBA Name in West Virginia?
The process of filing a DBA name in West Virginia can be done online, by mail, or in person at the West Virginia Secretary of State’s Office.
Can I file a DBA Name in West Virginia online?
Yes, you can file a DBA name online through the West Virginia Secretary of State’s website.
What information is needed to file a DBA Name in West Virginia?
The information needed to file a DBA name in West Virginia includes the name of the business, the address of the business, the name and address of the business’s owners, and the name of the registered agent.
Can I reserve a DBA Name in West Virginia?
Yes, you can reserve a DBA name in West Virginia by filing a Name Reservation Request with the West Virginia Secretary of State’s Office.
How long is a DBA Name reservation effective in West Virginia?
A DBA name reservation in West Virginia is effective for 120 days.
How much does it cost to file a Name Reservation Request in West Virginia?
The cost to file a Name Reservation Request in West Virginia is $25.
Can I renew a DBA Name in West Virginia?
Yes, you can renew a DBA name in West Virginia by filing a Renewal Application with the West Virginia Secretary of State’s Office.
How much does it cost to renew a DBA Name in West Virginia?
The cost to renew a DBA name in West Virginia is $25.
How much notice do I get before my DBA Name expires in West Virginia?
You will receive a notice from the West Virginia Secretary of State’s Office at least 30 days prior to the expiration of your DBA name.
Can I change the name of a DBA Name in West Virginia?
Yes, you can change the name of a DBA name in West Virginia by filing an Amendment with the West Virginia Secretary of State’s Office.
How much does it cost to change the name of a DBA Name in West Virginia?
The cost to change the name of a DBA name in West Virginia is $25.
Do I need to register my DBA Name in each county in West Virginia?
No, a DBA name registered with the West Virginia Secretary of State’s Office is valid throughout the state of West Virginia.
Do I need to register my DBA Name with the West Virginia Department of Revenue?
Yes, you will need to register your DBA name with the West Virginia Department of Revenue in order to obtain a West Virginia Tax Identification Number.
Is there a form I need to complete when registering my DBA Name with the West Virginia Department of Revenue?
Yes, you will need to complete Form WV/BRT-101 when registering your DBA name with the West Virginia Department of Revenue.
What other agencies may I need to register my DBA Name with in West Virginia?
Depending on the type of business you are operating, you may need to register your DBA name with other agencies such as the West Virginia Department of Health and Human Resources, the West Virginia Environmental Protection Agency, or the West Virginia Department of Labor.
Is there an annual filing requirement in West Virginia for a DBA Name?
No, there is no annual filing requirement in West Virginia for a DBA name.
Can I transfer ownership of a DBA Name in West Virginia?
Yes, you can transfer ownership of a DBA name in West Virginia by filing an Assignment of DBA Name with the West Virginia Secretary of State’s Office.
How much does it cost to transfer ownership of a DBA Name in West Virginia?
The cost to transfer ownership of a DBA name in West Virginia is $35.
What is the process for cancelling a DBA Name in West Virginia?
The process for cancelling a DBA name in West Virginia is to file a Cancellation of DBA Name with the West Virginia Secretary of State’s Office.
How much does it cost to cancel a DBA Name in West Virginia?
The cost to cancel a DBA name in West Virginia is $25.
Do I need to publish my DBA Name in West Virginia?
No, you do not need to publish your DBA name in West Virginia.
How long does it take to file a DBA Name in West Virginia?
The process for filing a DBA name in West Virginia typically takes up to two weeks to complete.
Can I file a DBA Name in West Virginia if I am not a resident?
Yes, you can file a DBA name in West Virginia even if you are not a resident.
Do I need to provide proof of identity when filing a DBA Name in West Virginia?
Yes, you will need to provide proof of identity when filing a DBA name in West Virginia.
Is there a list of approved words I can use when filing a DBA Name in West Virginia?
No, there is no list of approved words you need to use when filing a DBA name in West Virginia.
Do I need a federal tax ID number to file a DBA Name in West Virginia?
No, you do not need a federal tax ID number to file a DBA name in West Virginia.
Is a DBA Name the same as a business license in West Virginia?
No, a DBA name is not the same as a business license in West Virginia.

Also Read

Why West Virginia DBA Filing is So Important

DBA filing in West Virginia is more than just a legal requirement – it is an essential part of establishing and protecting your brand identity. By registering your DBA name with the state, you are able to distinguish your business from others and create a unique and recognizable brand that can resonate with your target audience.

In the competitive world of business, having a strong and memorable brand is key to standing out from the competition and attracting customers. Your DBA name is often the first point of contact that potential customers have with your business, so it is important that it accurately represents your brand and leaves a lasting impression.

Another reason why DBA filing in West Virginia is so important is that it can help protect your business from potential legal issues in the future. By registering your DBA name with the state, you are establishing your legal ownership of the name and preventing others from using it for their own business purposes. This can help you avoid costly trademark disputes and protect your brand identity from being copied or imitated by others.

Furthermore, having a registered DBA name can also help you establish credibility and professionalism in the eyes of customers and business partners. When a business operates under a recognized and registered name, it shows that the business is legitimate and has taken the necessary steps to comply with state regulations.

In addition to establishing your brand identity, protecting your business from legal issues, and enhancing your credibility, DBA filing in West Virginia can also make it easier for you to conduct business with banks, suppliers, and other business partners. By having a registered DBA name, you can open a business bank account, accept payments in your business name, and enter into contracts on behalf of your business more easily.

Overall, DBA filing in West Virginia is a critical step in the process of starting and operating a successful business. It not only helps you establish a strong brand identity, but also protects your business from legal issues, enhances your credibility, and facilitates business transactions with other parties. So, if you are thinking about starting a business in West Virginia, don’t overlook the importance of registering your DBA name – it could make all the difference in the success of your business.

In Conclusion

A DBA name in West Virginia 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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