FICITIOUS BUSINESS NAME

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DBA LAW

General DBA, DBA Law

  • Filing of a DBA DBA is required for all business types  - including eBay, Online and home businesses  - State Law requires registering of a DBA  if  DBA is not the owner's own personal or Legal name.

     (I.e., personal name being the first and last name for individuals and the legal corporate name for corporations)). 

    Note that alternatively you can file a corporation to register your business name if the DBA and the  corporation name are exactly the same.

     

    • Recommended: Most small business advisors recommend that you file a Doing Business As (DBA) business name instead of using your first and last name to do business. 

    • To whose name would you rather write a check to?  A business or an individual. 

    • Obviously, you would prefer to write a check or pay a registered business instead of paying an individual.

    • Can you imagine Microsoft having the DBA "Bill Gates Software".

 

General DBA, DBA Law

 Also called Assumed, DBA, Trade Name, or Firm Name Certificate

 

In general, in most states, you are required by law to

  • notarize,

  • file, and

  • publISH

  • a DBA statement, if your DBA is not your own personal legal name (e.g., John Doe).

  • Note that some states do not require notarization, and others do not require publication.  It varies.

In other words, if your DBA is  a  "doing business as" (d/b/a) (e.g., "John's Plumbing"), then you are required by law to file / record  & publish in a legally adjudicated newspaper for four consecutive weeks a DBA statement.

Then, a month later you must also file a proof of publication.

The purpose of the Name Statement (also called a "DBA" for "doing business as") is the protection of the public by identifying the person doing business under a DBA.