How to file a DBA in Arkansas

Doing Business As or DBA in Arkansas

Arkansas is home to more than 250,000 small and medium enterprises (SME’s). These include sole proprietorships, partnerships, corporations, limited liability companies (LLCs), non-profit organizations, and home-based businesses. Whatever type of entity structure you choose, a structure can be registered and operated only when it has a name. This is known as a company or business name.

What is a DBA in Arkansas?

If you are considering registering your entity under a name that differs from your legal name, it will be referred to as a fictitious name or a Doing Business As (DBA) name. This type of business name is also referred to as a trade name or a trading name. So, you will be “doing business as” or “trading as” the XYZ name and thus will need to file a trade name in Arkansas. Generally, by default, most first-time business owners either use a standard business name or their legal name (full name) as the name of their company. Let’s look at an example to understand the scenario that requires you to file a DBA in this state.

Example: Your name is Luke Smith. You are starting a sole proprietorship or an LLC in the auto repair industry. Now you can reserve and begin using a business name like Luke Smith Auto Repairs LLC. After a few years, you want to diversify into selling cars. Now, you will need to think of a new name and reserve it or start a new company. Instead, you can simply file an Arkansas DBA online application. The fictitious name can be “Smith’s Motors”. When you register a trade name, you are not required to form a separate company.

When do you need a DBA?

A “Doing Business As” (DBA) name is also known as an assumed name or a fictitious name and can be filed by any individual or entity. Different business owners have varied reasons for filing a DBA in Arkansas. The primary purpose served by using a fictitious name is public notification. In other words, this is essentially for notifying the public of Arkansas that you or your company will be conducting business under a name that is different from your legal name.

• Similar, simple, and different – A fictitious name is quite similar to that of a legal name but is used without a suffix like “LLC”, “LLP”, or “Inc.”. Therefore, if your company is registered under the name Xavier’s Pet Grooming LLC, then the name most of your customers will be accustomed to is Xavier’s Pet Grooming. This type of name can even be completely different from the legal name.

  Example: As the business owner, you have registered your business as David’s Music Store LLC. You have now decided to refer to this business as Best Music, as it is shorter and memorable. This is where you apply for an Arkansas DBA online.

• Your chosen business structure – The need to file a DBA often arises, depending on the entity structure. It is common knowledge that, for the most part, sole proprietorship or partnership businesses register a trade name. This is especially true if such entities don’t want to use their own or their partner’s full legal name.
• Business Expansion – Once you start a company, you may expand your business areas or activities shortly. This could be achieved by introducing new products or services, as well as by expanding into new markets. You may also need to rebrand or create sub-brands. When such a time comes, filing an Arkansas DBA online application is beneficial. You can introduce a new product or service under a new name, also known as a fictitious name, without the need to register a new company.

  Example: You have formed a business in Jefferson County, Arkansas. The primary activity is selling lithographic printing inks, catering to the offset printing industry. It is named as Jefferson Ink and Systems LLC. Your name is James Monroe and you want to branch out and sell vintage fountain pens as well. You can use your legal name for this brand and expansion, like James Monroe Vintage Pen Co. Alternatively, you can file a trade name in Arkansas as ‘Monroe Vintage Pens’.

Filing a DBA in Arkansas for an LLC and a Corporation

A DBA (doing business as) name is known as a fictitious name in Arkansas and is governed by the Arkansas Code of 1987 (2024). If you plan to form a limited liability company or a traditional business corporation in this state, one of the first steps to take is identifying a suitable company name. You can start your business by using your legal name or opt for a fictitious name. If you want to apply for an Arkansas DBA online, there is a specific process to follow. The process and fee may differ from those of the traditional business name reservation process.

Do an Arkansas business entity search

If you plan to register a fictitious name for your corporation or LLC in Arkansas, the first step is to identify a suitable business name. The next step will answer your ‘how do I look up a DBA in Arkansas’ queries. This essentially means that you need to search for a fictitious name. The process of searching would be the same as conducting any entity search. You will need to:

• Visit the website of the SOS, where you can search using a name or a fictitious name
• You can search with the suffix LLC or INC., or just a name
• This fictitious name search will reveal if your chosen name is available or not
• This is followed by searching for trademarks or federally registered names using the Trademark Electronic Search System (TESS), also known as the trademark database

File the Arkansas application for a fictitious name with the Arkansas Secretary of State

Once you have conducted a fictitious name search in Arkansas, it will show whether such a name is available. If the DBA name is available, then the next step is to file a trade name in Arkansas under AR Code § 4-26-405 (2024). There are specific state trade name laws that you must comply with. The following steps will help you in filing an Arkansas DBA online application:

• If you form a corporation or LLC, your chosen fictitious name may or may not include corporate or LLC designators, such as “corporation” or “limited.”
• The use of the word “company” is permissible for corporations.
• If you choose to form a sole proprietorship, then filing a DBA in Arkansas will be possible only at the county level.
• The fictitious name selected should be distinguishable from any other name existing in the records of the state department.
• The state has issued a list of restricted words, and it is essential to ensure your trade name complies with this list.
• If the chosen fictitious name is available, then you can proceed with filing an Arkansas DBA online application. You will need to submit the form for “Application for Fictitious Name” along with a fee of $25 for LLC and Corporation. The fee for a general and limited partnership is $15. It has to be submitted to the Secretary of State’s Office.

Register your Arkansas DBA with ease!

Managing Arkansas DBA

One of the critical processes related to business formation or expansion is filing a DBA in Arkansas. However, there are other follow-up processes that every new or existing business owner needs to be aware of. Each state in the USA has its own DBA laws and regulations. These laws also indicate whether the chosen fictitious name needs renewal. The laws also provide directions related to changing or cancelling a fictitious name in the state. Let’s look at the various processes applicable after you get an Arkansas DBA.

How to renew an Arkansas DBA?

Once you have filed your Arkansas DBA online application, the name will become active. In this state, fictitious names don’t expire, and hence, there is no question of renewal.

How to change the Arkansas DBA?

After you file a trade name in Arkansas, can you change this name? Yes, you can change the fictitious name. You will have to cancel your current trade name using the Cancellation of Fictitious Name (CFN) form. There will be a fee of $25 for LLCs and corporations. This form has to be submitted to the Arkansas Secretary of State. Once the DBA name is cancelled, you will have to file for a new DBA using the Application for Fictitious Name form. Again, you will be charged $25 as the filing fee.

How to cancel the Arkansas DBA?

The process for cancellation of a fictitious name in Arkansas is relatively straightforward. You will need to file the Cancellation of Fictitious Name (CFN) form with the office of the Arkansas Secretary of State. The fee for LLCs and corporations is $25, while the cost for general and limited partnerships is $15.

Need Any Assistance in Filing an Arkansas DBA?

There is a process for applying and filing an Arkansas DBA online application. If you form a sole proprietorship, then you will need to file a DBA with the County Clerk’s office. If you create an LLC, corporation, or partnership, you must file a DBA at the state level. The process of conducting a fictitious name search in Arkansas and the filing process can be confusing. IncParadise can gladly assist you with this process as we have the necessary knowledge regarding the Arkansas DBA laws.