Filing DBA in Delaware
If you are planning to start a new business in Delaware one of the questions you may face is whether you need to file a dba in Delaware. It is important to understand that any company can register ‘doing business as’ in Delaware if it is planning to operate under a name that is different from its legal registered name. The primary objective of this guide is to help you understand what a DBA is and how you can file, renew, and change a DBA in the state of Delaware.
Doing Business As or DBA in Delaware
Delaware is one of the most favorable states for starting a new business and especially popular among first time entrepreneurs. If you are planning to start a new business in this business-friendly state then you may be required to file a dba in Delaware. It is not a mandatory requirement but is filed by several companies depending on their business identity and under what name they want to conduct their business. There are several aspects you need to consider prior to Delaware dba registration so let us begin by understanding what “Doing Business As” is and whether you require it or not.ring a Delaware registered agent, and obtaining a tax ID among others.
What is DBA in Delaware?
If you are planning to start a new business in Delaware then one of the key areas to focus on is the name of the business. The business name has to be registered or reserved with the state but there is an alternative route, which is to file dba in Delaware. The simplest way to define a DBA or “Doing Business As” is that it is the name you choose if you are planning to conduct your business under a name other than your own name. It is a name that is most often registered by companies that are sole proprietorship or partnership businesses. A DBA or doing business as in Delaware is also known as an assumed name, fictitious name, or even a trade name.
For example: An individual Jason Patrick wants to start a music retail business in Delaware. He can name the music store as Jason Patrick & Co or as “Being Musical” wherein, “Being Musical” would be considered as the DBA name. So, Jason Patrick would have to file a dba in Delaware under this name.
When do you need DBA in Delaware?
If you are planning to conduct a business in the state of Delaware then you have to identify whether you need to reserve a business name or file a dba in Delaware. It is however important to identify the circumstances in which you may be required to register for a DBA. Some of the circumstances are:
- If you are planning to start a sole proprietorship or general partnership firm and want to conduct your business under an assumed name or any name other than your own name then you will need to file for Delaware dba registration.
- If your said business wants to offer a product or a service that is different from the registered company name then you will be required to file a dba in Delaware. For instance, if your business has been into selling casual clothes and now you want to sell trekking equipment then you may be required to register a separate name or DBA for the trekking equipment business.
- If you are planning to form a Limited Liability Company or a business corporation and you want to operate the company under a name that is different from the name of your company then you will be required to file for DBA after conducting a Delaware dba search.
Filing DBA in Delaware
There are different types of businesses you can form and operate like an LLC or a business corporation in Delaware. You can also file DBA names for your business after conducting a Delaware dba search. Your DBA also known as a Delaware trade name should be unique and also meet the state’s trade name or doing business as in Delaware requirements. So what is the process of filing a DBA? Let’s look at the important steps in this filing process.
Delaware DBA name search
One of the first steps towards registration of a trade name or doing business as name is a Delaware dba search. This process will not only help in determining the right DBA name but also identify the availability of your DBA name. You can conduct your DBA name search and also need to ensure your chosen name fulfills Delaware dba requirements and is compliant with the applicable laws as mentioned in Title 6, Commerce and Trade, Subtitle II, Other Laws Relating to Commerce and Trade; Chapter 31: Registration of Trade Names, Partnerships and Associations.
The primary objective of the Delaware dba search is to ensure that your trade name is unique and is not similar to that of another business in the state.
Register Delaware DBA
Once you have conducted a Delaware dba search, the next step is to register the name. The process for Delaware dba registration requires you to file an application with the Prothonotary’s office at the Superior Court pursuant to Title 6 Del. C. Chapter 31 § 3101 and § 3103. The court is present in each county of Delaware to enable registration of a Business, Trade, and Fictitious Name. You need to ensure the Registration Certificate for DBA is completely filled and the information provided is accurate. The DBA Registration Certificates should highlight the date of business formation or when it was organized and need to be notarized.
You will be able to register as many DBA names as you require although you will be required to file separate applications for the same. Alternatively, we at IncParadise can help you with Delaware dba registration.
Are you wondering how to file your Delaware DBA?
Managing Delaware Doing Business As (DBA)
Once you file a dba in Delaware, the process doesn’t stop there as you may be required to renew it or change the existing name. There are three aspects of Delaware DBA and they include renewal, changing of the name, and canceling the dba. These aspects have to follow the rules and laws as mentioned for Delaware dba requirements.
- Renew Delaware DBA – In the state of Delaware, there are no Delaware dba requirements for renewal of the name.
- Change Delaware DBA – There are times when you may file a dba in Delaware and then want to change it. There could be business, branding, or personal reasons for changing it. In such a scenario, you will have to fill out a Supplemental Change Form for doing business as in Delaware and submit it with the Superior Court along with a fee of $25.
- Cancel Delaware DBA – If you are planning to cancel your Delaware dba registration then you have to fill out a Termination Affidavit Form submit it with the Prothonotary’s Office at the Superior Court of the county you had originally filed your DBA with.
Need Any Assistance in Filing DBA?
The process to file a DBA in Delaware may require you to fulfill certain Delaware dba requirements as specified by the Superior Court. The process can be long and complicated but if you want to save time and ensure filing of Delaware DBA then IncParadise, as one of the top registered agents in the state, can help you with the registration process.
IncParadise can not only help you to file a DBA in Delaware but also provide a wide variety of additional services that will help you to make your business or company operational in the state. Our services include getting tax id, corporation status, dissolutions, reinstatement, and foreign qualification among others.