Register Your Fictitious Name (File a DBA)

Register Your Fictitious Name
(File a DBA)
What is a Fictitious Name (DBA)?
A fictitious name is commonly referred to as a DBA, which stands for “Doing
Business As". A fictitious name is any business name that does not contain
your own name as a part of it. In some states, that means your legal name
(frequently first and last).
If you are not a corporation and you plan to conduct business under a fictitious
name, you must file a DBA. If you are a corporation, ownership of your name
is ensured when you incorporate. Also, if your legal name is considered very
common, you may be required to file a DBA.
The following are examples to illustrate this point:
�� Peak Rescue - DBA required
�� Glenn's Peak Rescue - DBA required
�� Pinson’s Peak Rescue - DBA probably required
�� Glenn Pinson’s Peak Rescue - No DBA required
�� John Smith's Peak Rescue - DBA may be required
(because name is common)
�� Peak Rescue, Inc. - No DBA required (corporation)
Filing your DBA is one of the first tasks to be undertaken because every other piece of paperwork
requires the business name. Your bank will also require a copy of your DBA before they will open
a business account under that name. This is the only authorization they have for depositing or
cashing checks made out to that business name or written against its account.
Your business name should be free of conflict with names already registered in your area. Find out
if a corporation has staked a claim to your name by calling your state's office of name availability.
You may also wish to check the DBA books at the county clerk's office. Finding out at a later date
that your name is already legally registered to another business will result in your having to redo all
of your paperwork.
Note: You may wish to refer back to Chapter 4, "Choosing a Business Name," for further
information on how to research the name of your business.