NEVADA DOING BUSINESS AS OR DBA
If you are planning to start a new business in Nevada or are already registered in another state but plan to operate in Nevada as well then what is the first important aspect to focus on? The first and foremost area of focus is finding the right business name and registering it. This is where “doing business as” or DBA comes into the picture. What is DBA and why would you need to know about Nevada dba requirements?
Introduction – Nevada Doing Business As or Fictitious Firm Name
What is Nevada DBA? A Nevada DBA registration is required by business entities that are planning to transact in the state with a business name, which is different from their legal or registered name. This is also known as a “trade name” and to obtain it, a company has to file for a DBA. Let’s look at an example:
If the name of a start-up business entity is “Westwick Colors” and if they want to transact business in Nevada as “Beta Graphics” then they would be required to apply for a Nevada DBA Registration.
One of the important thing to note about the law in most states is that unless a business entity files DBA registration, they can conduct business only under their existing name or the name that is provided in the formation documents and this is true for limited liability companies (LLCs) and corporations.
Need for DBA in Nevada
There are several reasons why business entities file a Nevada DBA Registration, and most often this varies according to the type of business. Some of the reasons for a DBA registration include:
- If your business is a sole proprietorship and you want to use a business name instead of your personal name like “Thinktank Soln” instead of “James Smith”. This is applicable for general partnerships as well.
- If your bank requires a “doing business as” to facilitate opening of a bank account specifically for the business.
- If your company is planning expansion or has decided to enter a new area of business then in such a scenario, a corporation or LLC will have to follow the applicable Nevada dba requirements.
- You may be in a situation where the existing name of your company matches that of another businesses already established in Nevada. In order to prevent consumer confusion and operate smoothly, you will have to file a Nevada DBA.
How to set up a DBA in Nevada?
You are probably wondering what the Nevada dba requirements are and how you can file for one. The 2013 Nevada Revised Statutes, Chapter 602 governs the filing of the certificate for “Doing Business under Assumed or Fictitious Name”.
It is important to note that Nevada DBA’s cannot be filed at the state level, and instead they have to be filed on the county level pursuant to NV Rev Stat § 602.010 (2013). Hence, the Nevada dba requirements for filing as well as name requirements vary from one county to another. Let’s look at an example to understand this:
If you are planning to establish your business in Clark County then you will have to file it at the Clark County Clerk’s Office, Box 551604, Las Vegas, NV 89155-1604. According to Nevada DBA requirements, you will have to file a “Certificate of Business: Fictitious Firm Name” along with a filing fee of $25, completed certificate as well as a self-addressed stamped envelope.
What if you opt to transact your business in Lyon County? In such a scenario, you will have to file it with the office of the Lyon County Clerk/Treasurer, 27 S. Main Street, Yerington, NV 89447. You will have to file the same form as above “Fictitious Firm Name” for Nevada DBA registration but the filing fee is different.
The Nevada DBA registration form or certificate should contain the following information pursuant to NV Rev Stat § 602.020 (2013):
- The name of the business entity (Corporation, LLC, Partnership etc.)
- The physical address of the business entity
- The type of business that the said company wants to conduct
- The name of the LLC or business corporation or the person conducting the business
- The full name of each partner, member, or director who is a natural person
- The street address of each partner, member, or director who is a natural person
- It needs to be signed by a person of authority or partner, member, or director. The signature will be acknowledged by Notary Public, Deputy Clerk, or any other authorized officer
Processing Time of DBA IN Nevada
The processing time for the Nevada DBA registration varies from one county to another. Processing the DBA certificate can take anywhere from 7-10 days or even more for mailing it back.
We at IncParadise specialize in handling DBA requirements for different types of business entities. We also understand that it can be quite a long process to apply through the County Clerk office.