Doing Business As (DBA)/ Fictitious Name Registration





Doing Business As (DBA)/ Fictitious Name Registration Overview



What is a DBA or Fictitious Name?



The specifics may vary depending on your jurisdiction, but generally speaking, a DBA or Fictitious Name allows you to legally do business as a particular name without having to create an entirely new business entity. Common uses include but are not limited to advertising, and accepting payments.


In Delaware, the equivalent process for obtaining a doing business as (DBA) designation would be a fictitious name registration.



Why is a Fictitious Name Registration necessary?



The purpose of a fictitious name registration



In Delaware, no person, firm, association, or company can transact business without using their actual legal name within the State unless you file a Fictitious Name Certificate in the office of the Prothonotary of each county where it is transacting business (6 Del.C. § 3101). The purpose for the fictitious name registration is to allow corporate entities to use a name that is different from the name on their formation document for business purposes.



Do I need to file a Fictitious Name Certificate in Delaware?



Individual circumstances will vary; however generally speaking if you want to present your business under any name other than the one that is legally registered with the Delaware Division of Corporations (as detailed in your certificate of incorporation, certificate of formation or any amendment thereto) you should register a fictitious name in the county where you are transacting business.


In the event that you are not actually doing business in this State, then you will need to determine if you should or can file the fictitious name certificate in Delaware or not. If your business activity is considered outside of the State of Delaware, you may need to actually register where you are located and doing business instead of, or, in addition to Delaware. Ultimately, Delaware Intercorp, Inc. can assist you with registering a fictitious name in Delaware; however, since every individual circumstances is unique, you will need to do some independent research or seek the advice of an attorney to determine what the specific requirement is for your situation.





Delaware Fictitious Name Registration Costs



What does it cost to register a Fictitious Name in Delaware?



The overall cost for filing a Fictitious Name Certificate can vary depending on your specific needs. Delaware Intercorp charges a flat fee of $75 for the filing of a Fictitious Name Certificate in any of the three (3) counties in Delaware. Processing of the fictitious name registration generally takes fifteen (15) to twenty (20) business days.





File a Fictitious Name Certificate in Delaware



How do I File a Fictitious Name Certificate in Delaware?



We'll make ordering easy- simply follow the link below to our online ordering form. If you have additional specific questions about out service, please contact a customer service specialist for personal assistance.



Obtain a Fictitious Name Certificate and filing instructions





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