This pamphlet provides an overview of fictitious name or DBA registration. Topics covered include legal requirements and procedures, advantages of a fictitious name, filing requirements, and tips on choosing a name.
DBA registration, also known as "Doing Business As" registration, is a process by which individuals or businesses operating under a name other than its legal name can legally conduct business in the state of Delaware. DBA registration is required to ensure transparency and provide the public with easy access to the true identity and contact information of businesses operating under a fictitious name. Delaware offers various types of DBA registrations to cater to different business needs and structures. Some different types of DBA registrations in Delaware include: 1. Sole Proprietorship DBA: This type of DBA registration allows single individuals to conduct business using a fictitious name. Sole proprietors must register their DBA's to comply with Delaware's legal requirements. 2. Partnership DBA: Partnerships, whether general partnerships or limited partnerships, must register their DBA's if they operate under a name other than the names of the partners. 3. Corporation DBA: Corporations in Delaware must register DBA's if they wish to operate under a name different from their legal corporate name. 4. Limited Liability Company (LLC) DBA: LCS operating in Delaware can register DBA's if they opt to operate under a name other than their legal name. 5. Franchise DBA: Franchise businesses operating in Delaware may need to register their DBA's, especially if they operate under a distinct name within the franchise system. The DBA registration process involves several steps. Firstly, businesses need to choose a unique DBA name, ensuring it is not already in use by another entity in Delaware. Then, the business must file a DBA registration form with the Delaware Division of Corporations, along with the required fee. This form typically includes information about the business, its owners, and the chosen DBA name. Once the registration is approved, the business receives a DBA certificate, which they can use to open bank accounts, enter into contracts, and engage in other business activities using the registered fictitious name. It's important for businesses to note that DBA registration does not provide legal protection or trademark rights for the chosen name. If a business wants exclusive rights to a name or logo, they should consider pursuing trademark registration instead. Additionally, businesses must renew their DBA registration periodically, generally every five years, to ensure consistency and compliance. In summary, DBA registration in Delaware is a crucial step for individuals and businesses operating under fictitious names to establish legal recognition. With various types of DBA registrations available, Delaware offers flexibility to different business structures, providing transparency and accountability to the public.
