Before we move to the steps that we might consider in order to register for DBA in Delaware, we must know that what is DBA. The name that is assumed and different from the original name is known as DBA. It means that the legal name of LLC is different and you do business as another name. It can be referred to trade name, assumed name, or a fictitious name. It does not matter what type of business you are doing, whether sole proprietor, partnership, corporation, or LLC, if you want to use another name other than that of a legal name then you will be required to register your DBA. To understand the procedure to register DBA, you have to move forward.
What is DBA?
DBA means doing business as it can also be referred to as an assumed name, trade name, or a fictitious name. DBA is for those entities who need to use another name for their business other than their legal business name. A fictitious name is another name of DBA. Let us understand it by an example, there is a person named Mr. P, he forms an LLC in the state of Delaware named it “PIZZA PLAZA” but instead he wants to run the business as ” Pizza junction” so for this purpose he needs to register the name “pizza junction” as doing business as. Whether you are forming LLC, Corporation, or any other business it will require you to register DBA if you want to use another name instead of a legal name
When Is DBA Required?
The DBA is required when you start any business such as a Limited liability company (LLC), limited partnership LP, limited liability partnership LLP, or any corporation and you want to use another name other than the legal name. You have to visit the prothonotary’s office of the state if you want to conduct business in New Castle and/or Kent and/or Sussex Counties. It is required to comply with certain rules and regulations provided by their respected Prothonotary’s Office/government.
How To File DBA In Delaware
It is common that we have to follow a procedure in order to do anything or file any form. So, here also you have to proceed to a simple procedure then only you can file a DBA in Delaware. So if you will follow the procedure then you can easily file your DBA without any trouble. I have provided the steps for it below so have a look there.
Step 1: Delaware DBA Name Search
The first and the most important step you can consider is to have a name search. So you have to select a fictitious name that is unique and not used by any of the firms in the state. The name that you select must comply with certain naming guidelines provided by the government. So, I have provided the naming guideline below which is provided by the government.
- Certain words like FBI, State Department, Treasury, etc. cannot be used as this name is used by a government agency so it can complicate your name and the business name.
- You can not use a name that includes words related to illegal activities.
- Lotto or the lottery cannot be used.
- Words such as Veteran, foreign, legion, disabled, Spanish, war, and world war must not be used by you.
- Words like Bank Attorney, University, Doctor, etc will require to have a license.
Step 2: Register Your DBA With County Prothonotary
You have to register your DBA name with the country’s prothonotary once you complete searching the name. All the regulations of DBA are mentioned by the state of Delaware. Since you complete the first step now you have to register it. The form must be notarized. There are two ways in which you can register your DBA that is through the mail and another is through in-person. You must expect the following things to be filled in the form.
- The name you have selected for your DBA
- Select the type of entity
- Provide the file number of your business
- Current Jurisdiction of the business
- Current office address of the Business
- In which county the name will be used
Step 3: Submit The Form
Once you complete filling all the documents then you have to submit them to the state through mail or in-person. Along with the form you have to pay an amount of $25 for each country. You should send all the things to the address mentioned below. Address for the various states is provided so send as per your location.
New Castle County
Leonard L. Williams Justice Center
500 North King Street, Suite 500, LL1
Wilmington, DE 19801-3746
Kent County Courthouse
38 The Green
Dover, DE 19901
Sussex County Courthouse
1 The Circle, Suite 2
Georgetown, DE 19947
Manage Your Delaware DBA
As you must have got all the information related to the filing process of the DBA as per the state. So, now once you complete that you have to manage your DBA. Following numbers can be used in order to contact the state as per your location.
New Castle: (302) 255-0825
Kent: (302) 735-1900
Sussex: (302) 735-1900
Renew Your DBA: Unlike other DBA requirements to renew you don’t have to renew your DBA for Delaware. The Delaware trade name does not require to be renewed.
Change Your DBA: You have to fill out a form named “supplement change form” in order to change your DBA. For filing this for you have to pay an amount of $25 as a filing fee.
Withdraw Your DBA: If you want to cancel your DBA then it is required to fill out the termination affidavit form.