Yes, a fictitious business name (FBN) and a "doing business as" (DBA) name are essentially the same thing. In some states or jurisdictions, the term "fictitious business name" may be used, while in others, the term "DBA" may be more common.

A fictitious business name or DBA is a registered name that a business uses to operate under a name different from the legal name of the owner or entity. It is often used when a business wants to operate under a different name than the name of the individual or entity that owns the business, and is required to register with the appropriate state or local government agency.

For example, if John Smith wants to start a business called "Smith's Pet Supplies" but his legal name is "John Smith," he would need to register the name "Smith's Pet Supplies" as a fictitious business name or DBA. This allows him to use the name "Smith's Pet Supplies" for his business operations, while still maintaining his legal name for official purposes.

In summary, FBN and DBA refer to the same thing, which is a registered name used by a business to operate under a different name than its legal name. It's important for business owners to be aware of and comply with the specific requirements for registering a fictitious business name or DBA in their jurisdiction, as regulations can vary. Failure to register a required DBA or FBN could lead to legal consequences and may affect the business's ability to conduct transactions under that name.
 

You must register your DBA in the state and/or county in which your principal place of business is located. Each state has its own legalities and procedures for registering a DBA, including the requirement that you file your DBA at additional government levels, like a county or municipality. Contact RushFiling with any questions on jurisdictions, processing times or applicable fees.
 

The requirement to file a Doing Business As (DBA) or fictitious business name registration depends on the laws and regulations of the state or local jurisdiction where your business operates. In many cases, if you are conducting business under the same name as your corporation or Limited Liability Company (LLC), and that name is the official and legal name of your business entity, you may not be required to file a separate DBA.

Here are some key points to consider:

Same Name as Legal Entity:

If your corporation or LLC is conducting business using its legal name, and that name is already registered with the state as the official business name, you may not need a separate DBA. The legal entity's name is often used for official business purposes.

DBA Requirements:

On the other hand, if you plan to use a name for your business activities that is different from the legal name of your corporation or LLC, you may be required to file a DBA. This is common when a business wants to operate under a trade name, brand, or alternative business name.

State and Local Regulations:

The rules regarding DBA filings vary by jurisdiction, so it's important to check with the business registration or licensing office in your state or local area to determine the specific requirements. Some jurisdictions may require DBA filings for any name that differs from the legal entity's name.

Use of Trade Names:

If you plan to conduct business using a trade name or brand that is different from the legal name of your corporation or LLC, you may need to file a DBA to legally operate under that name. This is often the case when businesses want to use a name that better reflects their products, services, or branding.

In summary, if your corporation or LLC is operating under its legal name, you may not need to file a separate DBA. However, if you plan to use a different name for your business activities, check with the relevant state or local authorities to determine if a DBA filing is required. Compliance with local regulations helps ensure that your business operates legally and avoids potential issues in the future.
 

Yes and no. If your sole proprietorship or partnership is a name different from your individual (legal) or that of your partners, then you have to file a DBA. If your sole proprietorship or partnership is the same name as your own (legal) name or that of your partners, then the filing of a DBA is not required.

But if you are Donald Johnson, a sole proprietor conducting business under the name of Donald Johnson & Associates, then you would have to file a DBA. Similarly, if you are a partnership composed of only two partners, Donald Johnson and William Jones, yet you decide to name your company Johnson, Jones & Associates, you must register a DBA. Otherwise, you might mislead the public into thinking that instead of just you, or you and your named partner, your company is made up of many individuals.
 

No such luck. The filing of a DBA form does not guarantee you absolute use of a trade name. In many states or counties, as long as you've filled out the fictitious business name statement correctly, the document is processed regardless of the similarity of your business' name to that of another business. In other states and counties (and as it is with corporations and LLCs), you may not be able to use the name if it's currently being used or is too close to that of an existing business. In some states, the first person to register for a DBA is entitled to use the name in business. So as to avoid confusion, it's a good idea to try and be different from an existing name if at all possible. Contact us with questions regarding your state of registration.
 

Anytime you start a business, it's necessary for you to use either your Social Security number or a taxpayer ID number for federal tax purposes. Obtaining a unique taxpayer ID number, issued by the IRS, which is also known as an EIN or federal tax ID number, for your business is always a good idea because it clearly delineates the difference between your business entity and you as an individual if operating as a sole proprietor. If an existing entity such as a corporation or LLC is filing a DBA their existing EIN will apply to the DBA as well. EIN's are issued to legal entities, not DBA or fictitious business names.
 

Yes, you may file more than one DBA. In fact, it is not uncommon for businesses to have multiple DBAs if they operate in different industries or offer different products or services.

However, each DBA must be registered separately with the appropriate state or local government agency, and you will typically need to pay a separate filing fee for each DBA. The State of California is the only state to allow the recording of multiple DBA names on a single filing. Additionally, it's important to note that each DBA must be distinguishable from your existing business name and any other DBAs you have already registered.
 

You need to file your DBA before you can start a business or open a bank account. As soon as it is placed on record and certified by the County or State you may proceed with operations. Publication is statutory requirement in several states but that does delay the use of the active name in any of them. RushFiling offers expedited DBA filings in all applicable states.