How To Get a DBA in Delaware

If you’re an entrepreneur in Delaware, you may not wish to use your business’s full legal name for all of your company’s activities. If so, a “doing business as” (DBA) name could be a helpful branding tool, allowing you to conduct your small business under a different title. Follow the steps below if you’re interested in creating a DBA name for your Delaware business.

When a business operates using a name that is different from the legal name on its formation document, it is said to be “doing business as” (DBA) another name. Each state has its own requirements to properly register a DBA name, and Delaware is no exception. However, Delaware’s requirements are unique, and you want to make sure you get it right.

We don’t currently support Delaware DBA registration, but we’ve put together this guide as a resource to help you understand the steps and guidelines set out by the state. Read on to learn how to obtain and maintain a suitable DBA name for your business in Delaware.

What is a Delaware “doing business as” (DBA) name?

A Delaware DBA name is also called a “trade name” or “fictitious name.” It does not affect how your business is taxed, nor does it create a separate entity for a business. A DBA name is not a requirement for every business. You only need a fictitious name if you want to operate under a different name than your legal business name. 

Naturally, to avoid businesses inventing fictitious names to engage in fraud and misrepresent themselves, the state requires business owners to register their DBA names. 

There are two categories of businesses who take advantage of the benefits of a DBA name:

• Sole proprietorships and partnerships: Without a DBA, sole proprietorships and general partnerships are required to operate under the legal names of the owners. But that may not inspire legitimacy for some. As a sole proprietor, Jane Doe can only do business as Jane Doe, not, say, Jane’s Lawn Services. A DBA name allows sole proprietors and partnerships to create a unique and catchy name for their businesses.
• Corporations and limited liability companies (LLCs): Corporations and LLCs can register their companies under a distinct name during the formation process. But they may still wish to operate under a different name at some point. They may want to launch a new product line or desire to drop the “LLC” or “Corporation” designator from their name and use a shorter version for marketing. Creating a DBA allows them that flexibility without having to launch a new legal business.

Below are additional benefits that business owners can gain from registering a DBA name:

• Ability to choose a name that will resonate with customers: If you are a sole proprietor with an online store that sells jewelry or a freelance photographer, it may be easier for customers or clients to find you if you can advertise your products or services under a DBA name that clearly conveys what you offer. With a DBA name, you can advertise as “Wendy’s Accessories” or “Wendy’s Photography” rather than under your name.
• Freedom to conduct transactions under the DBA name: It’s important for all business structures to have a separation of finances between the owner and the business. This may be easier to do with a corporation or an LLC because it’s part of the formalities of the structures. But for sole proprietors, the only way they can open a bank account under a business name that’s not their own name is to register for a DBA name. A business account under a DBA name they can use to receive and issue payments will help them create that separation. 
• Avoiding legal liabilities: You must register a DBA name before you use one to represent your business in most states. If you do any business under a DBA name before registering, it can be considered fraud, and you can be asked to pay penalties. 
• Compliance: A DBA name allows business owners to use a business name legally without forming an LLC or corporation.
• Flexibility: A DBA name can be used to comply with state laws that require businesses to operate under unique names. If a company’s business name or DBA name is already in use in another state, a DBA name will allow a company to expand its operation under another name in that state without needing to form another entity.

Read on to find out how to obtain and maintain a DBA name in Delaware. This guide will provide a detailed overview of all of the relevant information you need to know.

How do I register a Delaware DBA name?

The state of Delaware requires businesses to register their DBA names in every county where they operate. But the process is handled by the state, so the steps and forms are the same for all three counties. Below is the step-by-step procedure for registering a Delaware DBA name.

Check Name Availability

Check if your desired DBA name is available. Use the trade names search database and follow these instructions.

Select Counties

Select each county where you do business.

Fill Out Registration Form

Fill out the registration form.

Notarize the Form

Have the registration form notarized. A notary is also available in each of the prothonotary’s offices.

Submit Certificate and Payment

The notarized certificate and payment of $25 (per name in each county you wish to register in Delaware) can be delivered in-person or mailed to:

New Castle County
Leonard L. Williams Justice Center
Prothonotary
Superior Court
500 North King Street, Suite 500, LL1
Wilmington, DE 19801-3746

Kent County Courthouse
Prothonotary
Superior Court
38 The Green
Dover, DE 19901

Sussex County Courthouse
Prothonotary
Superior Court
1 The Circle, Suite 2

How do I choose a Delaware DBA name?

A DBA name is mostly used by businesses to create brand recognition. A DBA name not only allows you to select a unique name that communicates and represents the nature of your business. It also allows you to select a trade name that shows your brand’s personality, which could be funny or quirky. 

However, even though you’d want to choose a Delaware DBA name that’s distinct and memorable, it needs to meet the state’s name requirements. 

Here’s what you need to remember when choosing a DBA name for your business:

• Your DBA must not carry any business entity suffix (e.g., “LLC,” “Incorporated,” “Ltd.”) unless your company is that type of business entity.
• Your DBA must not include the word “Bank,” “Trust,” or “Savings” unless your company is registered and authorized as these institutions. But the state concedes that you can use the word “Bank,” “Trust,” or “Savings” if it’s not misleading and used in a way where it’s clear that it’s not referring to any banking establishment.

In Delaware, as with most states, multiple businesses can operate using the same DBA name. But to stand out and create a recognizable brand, you are encouraged to come up with a trade name that’s catchy, unique, and isn’t already in use by other local businesses. 

To ensure that your preferred DBA name isn’t already being used, you can perform a name search using Delaware’s trade names database. This guide provides detailed instructions on how to perform a comprehensive search. 

It’s also a good idea to check the United States Patent and Trademark Office website to see whether your desired DBA name is trademarked at the federal level. At the state level, you can contact the Delaware Division of Corporations at (302) 739-3073 to see if there are any state trademarks on your name. You can also register your own Delaware trademark by filing the State of Delaware Application for Registration of Trademark or Service Mark with a payment of $35.

How do I manage ongoing DBA name compliance in Delaware?

Unlike some states, Delaware does not ask business owners to publish their DBA names in an approved newspaper to complete the registration process. You’re also not obligated to renew your DBA name certificate. 

But if you sell or change your DBA name, the state of Delaware requires you to fill out and submit a Supplemental Certificate with the prothonotary in each county you are registered. It’s also mandatory that you submit this form if your company made any changes with regards to its officers or status. An amendment certificate has a fee of $25, which you can send as a check or money order addressed to the State of Delaware. 

If you don’t want to use your DBA name anymore and want to cancel your registration, you need to file a Termination Affidavit Form. Fill out the form and submit it to each prothonotary’s office where you are registered; you don’t need to pay a fee for discontinuing your registration.

We Can Help!

While we don’t currently support DBA registration in Delaware, we can help you create one in states we do support, including: Colorado, Idaho, Illinois, Indiana, Iowa, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Texas and Utah. We can make creating a DBA name in another state simple. 

Do you need additional guidance launching your own business in Delaware? Speed up the process of starting your business with the assistance of our experts. Take the red tape stress out of running and growing your Delaware small business.