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How to Fill out DBA Forms

The legal name of a business is the name of the person or entity that owns a business. If you are the sole owner of your business, its legal name is your full name. If your business is a partnership, the legal name is the name given in your partnership agreement or the last names of the partners. For limited liability corporations (LLCs) and corporations, the business’ legal name is the one that was registered with the state government. However, for some reason you may choose a business name that is different than your personal name, the names of your partners or the officially registered name of your LLC or corporation. Such business names are called DBA (the abbreviation of “Doing Business As”) business names, also known as fictitious names, assumed names, or trade names. The law says that any business or corporation using a name other than its own personal first and last name, or a corporate / LLC legal name is required to obtain a DBA business name certificate.

In some states, fictitious names are registered with the state government; in others, you register fictitious names with the county clerk’s office; and in others, there are no laws requiring businesses to register a fictitious business names.

To obtain a DBA business name certificate, you need to fill out a DBA form and submit it to the government agency that handles DBA forms. Before filing (recording) your DBA or assumed name certificate, you should perform a name search with both the Register of Deeds and NC Secretary of State to determine if the proposed business name has already been filed. Once you have performed the name search, complete the appropriate form and submit to the appropriate office for recording. By doing so, you get a unique business name that no one else can use. In most states, a DBA filing is valid for a period of 4-5 years after you register your business. Your DBA must be filed within this time, or you will need to start over again with a new DBA filing and a new publication so it will cost you more.

A DBA name is just a business name and not a new business, so in most states you can file as many DBA names as you wish. You can file one or more DBA names, or add new DBA names to an existing DBA. Keep in mind, however, that the government charges additional registration fees with each additional DBA Business Name registered.

Most DBA Business Name applications must contain the following information:

• The name and address of the business owner.

• A description of the business starting business operations.

• Other information pertaining to the business or the business owner.

Filling out the DBA form is relatively easy. Below there are some instructions that you may find useful.

Section 1 – Business Details. Fill in the first line of the form that indicates if you are filing a new form or renewing a form. On the second line, circle the correct answer to the question. Circle either “I Am,” “We Are” or “It Is.” “I Am” means you are a sole proprietor, “We Are” is for partnerships, and “It Is” means legal entity. On the third line, enter the type of business that is being registered. On the fourth line, give the address of the business being registered. On the next line, enter the name that will be given to the business.

Section 2 – Personal Information. Enter the personal information for the business owner in the next section. For a sole proprietor or partnership, enter the name of the person or persons and the personal address(es). If the business is a legal entity, enter all the names of the legal owners and their addresses.

The last section of the document must be notarized by a notary. Find a notary at banks, government offices or lawyer’s offices. Do not sign or date the DBA form until the notary ID is present.

For your convenience, you may download various samples of assumed (DBA) name forms legally used in Wake County, NC.