How to file a DBA in Arizona
You have a great business idea and you want to share this idea with the world by starting a company. There are different entities you can form like LLC or a sole proprietorship or even a C Corporation. But what is a business without a name? This is where you can opt for a “Doing Business As” name (DBA) also known as a fictitious name. Filing a DBA in Arizona will ensure your customers know exactly who you are and what you are offering. We have created this guide to help you with queries like how do I look up a DBA in Arizona and also provide information pertaining to renewals, changing, and cancellation of a DBA.
Doing Business As or DBA in Arizona
A “Doing Business As” (DBA) name is also known as a trade name in Arizona. When you start a sole proprietorship or a single member LLC in Arizona, you may be required to list your business name with the state. Once you file a trade name in Arizona, it will be considered as the official legal name of your company. It is important to understand that not all businesses opt for a DBA. Some entities prefer a business name like CampusLogic while others prefer to use their own legal name like Carol Danvers Sports Equipment.
If you want to file an Arizona DBA online application then you need to ensure compliance with the requirements as governed by 2023 Arizona Revised Statutes, Title 44 – Trade and Commerce, Chapter 10 – Competition and Competitive Practices, Article 3.1 – Trade Names. Let us first try and understand the need and importance of a trade name or DBA for a company or an individual.
What is DBA in Arizona?
It is essential to understand what a trade name actually is before you can apply for Arizona DBA online. If your company or any company plans to use a name that is different from your legal name then such a company will be considered to be using a DBA or trade name. It is also known as an assumed name or fictitious name. Generally speaking, the name of your company can be any of the ones mentioned below –
- Your name or name of the owner like Maurice Jensen Inc.
- Traditional business name like Axon Technologies
- Trade name or DBA like Natalie’s Pie
A trade name is often considered to be a forward facing name or visible name that your clients and customers will get to know your company as. This is exactly the reason such names are also known as a DBA or ‘Doing Business As’ name. The name that your company is using to do business. A trade name can also be interpreted as the nickname for your business. Yes, it is important to register the trade name with the state. It is equally essential to first conduct an Arizona trade name search prior to officially filing a DBA application as someone else might already be using it.
One of the principal points to remember is that when you choose a trade name, you will also need to conduct a trademark registration check. This will help prevent any future trademark infringement issues.
When do you need a DBA in Arizona?
If you are planning to start a business and are a newcomer then there are certain aspects of operating a company that you need to be familiar with. One such aspect is providing a name to your company. Small businesses and first time individual owners normally prefer to go with a DBA also known as a trade name. Once you identify a name, filing a DBA in Arizona becomes necessary. But why a DBA? Do you actually need a DBA? These are some of the important questions that may arise in your mind. So, let’s look at some of the common reasons for choosing an Arizona trade name –
- Type of Structure – The structure of your company may be a decisive factor when it comes to opting for and filing an Arizona DBA online application. The most common and easy to form businesses are sole proprietorships and partnerships. You may use your full legal name or a trade name if you are opting for either entity structures. Even a general partnership company can select a DBA name. This is because these types of entities are considered as unincorporated businesses as they are not required to file any business registration paperwork with the state. Even a single-member LLC can choose to use a trade name in Arizona.
- Franchises – A doing business as name can be extremely beneficial if you are planning to operate a franchise business. A franchise owner may not require a DBA. As a franchise owner, you may file a trade name in Arizona to establish your company’s identity as a local or state business.
Example: You bought a local Dickey’s BBQ restaurant franchise. Franchisees are normally formed as a corporation or ab LLC. Now, you form a franchise under Fastfood Business LLC. You will need to ensure your DBA is “Dickey’s BBQ”. This will help your state (Arizona) to know that you are “doing business as” the franchise you have joined.
- Operate a separate business – Normally, business corporations (S and C corporations), limited liability companies (LLC), and limited partnerships (LP) are technically not required to file a ‘doing business as’ name. However, if the state laws or local laws (city or county) requires these entities to apply for Arizona DBA online then you will need to choose a trade name. This requirement changes if you are planning to operate multiple businesses under the same name. If you were to expand your business area and open a new company then filing a DBA will spare you the hassle of registering or incorporating the new company.
Filing DBA in Arizona for LLC and Corporation
A DBA (doing business as) is known as a trade name in the state of Arizona. Whatever structure of business you choose like an LLC, general partnership, or a sole proprietorship, filing a DBA in Arizona will ensure registration of your company name. If you are wondering how you can look up a DBA in Arizona then there is a specific process to apply for and obtain a trade name certificate. The process as well as the fee may be different from that of the standard business name reservation process and fee.
Do Arizona Trade Name Search
If you want to apply for Arizona DBA online then the most important thing is to ensure it is compliant with Trade name laws of the state as well as other business name related rules and regulations. Once you have carefully thought of a company name, the next step would be to conduct an Arizona trade name search also known as DBA name availability search. This search is facilitated by the website of the AZ Secretary of State as well as the Arizona Corporations Commission website. It is important to note that you can file a DBA only if the search reveals availability of your chosen name. If your company name is not available then you will need to change the name and search again. You can conduct the name search using any of the following criteria’s –
- Trade name or DBA
- Statutory agent name
- Principal name
- Entity ID
You can also filter using a type of entity. Let’s look at an example to understand how this works.
Example: You are planning to open an Irish restaurant and bar in Tucson. The name you have chosen in Tim Finnegan’s Irish Pub. Now you need to conduct an Arizona trade name search using just the name. The search will automatically bring the results and show that such a name exists in Phoenix and is currently active. So, you change the name a little and make it ‘Finnegan’s Irish Pub’ or ‘Finnegan’s Irish Restaurant and Pub’. Now conduct the search again. The search will show no records found. This means, the DBA name is available and you can go ahead with filing a DBA in Arizona.
Apart from the above search, it is recommended to conduct a search for federally registered names or trademarks using the Trademark Electronic Search System (TESS). After conducting all types of searches, if the chosen assumed name is available then you can file an Arizona DBA online application.
Register your Arizona DBA
Once you conduct an Arizona trade name search, you will know if your chosen name is available or not. If your chosen name is available then the next step is to register the assumed name. You will need to submit the Trade Name Registration Application with the office of the Secretary of State pursuant to AZ Rev Stat § 44-1460 (2023). There is a filing fee of $10. If you want to expedite the process then there is an additional fee of $25.
Alternatively, we can help you to register a DBA or trade name for your business in the state of Arizona. The process will require your name to be compliant with the state trade name laws. When you apply for an Arizona DBA online with us, you will be able to benefit from our knowledge of the process as well as laws. We will ensure proper information is provided so that your trade name registration application does not get rejected.
Do you need help with an Arizona DBA?
Managing Arizona DBA
Once you file an Arizona DBA online application, the process will share certain information regarding your company with the state. The people of the state will know the name under which your business operates legally. The state of Arizona has rules and regulations pertaining to various aspects of a DBA or assumed name. These laws state the requirements for renewal, changing, or canceling of the trade name in the jurisdiction the business is operating from. Let’s look at the various processes applicable for managing an Arizona DBA.
How to renew Arizona DBA?
In most states, once you register a DBA then it will need to be renewed. Different states in the nation have different renewal dates or duration of expiry of an assumed name. Once you file a trade name in Arizona, it will expire after a period of 5 years from the date of registration. You will need to renew it for another five-year period and this is governed by the 2023 Arizona Revised Statutes, Title 44 – Trade and Commerce, § 44-1460.02. The Trade Name Renewal application has to be filed online with the office of the Secretary of State. There is a renewal fee of $10.
How to change Arizona DBA?
Once you have filed an Arizona DBA online application, the only way to change your business name is by canceling the existing name and filing an application for a new trade name. The process is easier for standard business names as all you have to do is submit Articles of Amendment.
How to cancel Arizona DBA?
You can cancel a trade name only after filing a DBA in Arizona. Once the name has been registered, you can file the online Trade Name Cancellation application with the office of the Secretary of State pursuant to AZ Rev Stat § 44-1460.07 (2023). There is no fee for cancellation.
Need Any Assistance in Filing Arizona DBA?
The process to file a trade name in Arizona requires you to provide accurate information while being compliant with the federal trademark laws as well as Arizona Revised Statutes. Conducting an Arizona trade name search is also of utmost importance as it will ensure your chosen name is not rejected by the state. IncParadise can assist you with this process. We have expertise and knowledge regarding the Arizona state rules and regulations pertaining to trade names and new businesses.
Apart from new business formation, we also provide additional services that will ensure your other business requirements are fulfilled like getting a tax id, and S corporation status among others.