Get a DBA Name for Your Maine Business Today

If you own a business and would like to use a different name than your legal business name, you will need to register a DBA name, also called an assumed name, fictitious business name, or trade name. DBA names are typically used when you want to use multiple names for one business, or if you are a sole proprietor wanting to be recognized as something other than your legal name.

In Maine, there are specific rules and regulations regarding DBA registration. Read on to learn about the process for obtaining and keeping an assumed business name in Maine, as well as how we can help make the process easy.

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

A DBA name is used when a business wants to conduct business under a different name than its legal name. By registering a DBA name, your business can operate using a different identity. 

A DBA name offers small businesses many benefits because of its cost efficiency and the many possibilities of better branding. Registering a DBA name acts as an alternative name for your business while allowing it to maintain its status as a single legal entity. For this reason, registering a DBA name will not require additional tax filings.

For instance, a sole proprietorship must legally operate under the legal name of the owner. Let’s say that the owner of a photography business is named John Smith. His business name would be “John Smith,” while his DBA name could be almost anything, such as “Smith’s Photos.” 

Businesses seeking a DBA name often fall into these two categories: 

1. Sole proprietorships and partnerships: These business owners must use their legal names to operate. For this reason, many sole proprietorships and partnerships choose to use a DBA name so that they can conduct business under a name that more closely represents their business and what they provide. 
2. Corporations and limited liability companies (LLCs): Corporations and LLCs must have entity designations in their name. For instance, a corporation owner would have to have “Corp.” or “Inc.” in their corporate name, while LLC owners would need some form of “LLC” in their business name. Many businesses with these structures choose a DBA name to drop the designators from their names.

Benefits of having a DBA name

Although not every business will need a DBA name, registering a DBA name comes with several benefits: 

• Operate several brands at once: With a DBA name, you can have multiple related businesses under the same ownership. For instance, a health food company selling smoothies and fruit bowls might want to offer a salad bar. Since they can register multiple DBA names under the same business entity, they can present two different public identities.
• Add credibility to your business: A DBA name can add credibility to your business. By using a name that better fits and communicates your business’s purpose, you can define your brand to customers.
• Remain compliant: In Maine, if you would like to conduct business other than the official business name, you will need to register a DBA name to ensure that you’re compliant with local and state guidelines. For example, if your business is a sole proprietorship, you will need to register a DBA name to conduct business with any name other than your legal name. 
• Business banking: Often, a DBA name can help businesses establish separate bank accounts. For example, John Smith’s photography business is a sole proprietorship and would be seen as “John Smith” to the bank. However, once John Smith registered his DBA name, the bank would see his business, “Smith’s Photos,” as a separate entity from himself. 
• No additional taxes: Since a DBA name is an alternative name for your business, it is not a separate tax entity and will not require additional tax filings from your business. 
• Improved privacy: A DBA name allows sole proprietorships and partnerships to go by a name other than the name of the business owner, adding another layer of privacy.

How do I choose a Maine DBA name?

When choosing a DBA name in Maine, you should consider the marketing implications of a new business name. Registering a DBA name empowers businesses to use an alternate, often more marketable name to use. Better branding can help a business stand out while also adding legitimacy to the company.

Aside from curating your brand’s image, it’s important to choose a unique DBA name to ensure that you’re compliant with Maine’s laws for assumed names. We recommend using their lookup tool to conduct a name search to see if another business is using your preferred DBA name. By having a unique business name, it will be easier for customers to find your online and can prevent customers from contacting the wrong business. 

Even though Maine businesses have a lot of freedom in choosing a DBA name, there are some restrictions. Individuals, corporations, partnerships, and other business structures cannot use any variation of these words in their DBA name: 

• Saving
• Savings 
• Savings bank 
• Bank 
• Banker 
• Banking 
• Trust 
• Trust company
• Trust and banking company 

Once you’ve registered a DBA name representing your desired company image, it’s important to register a domain name. The domain name should match your DBA name and help establish and build your brand presence. Although the domain name doesn’t need to be the DBA name verbatim, it should relate to it.

How do I register a Maine DBA name?

Depending on your business structure, there are different steps you need to take to register an assumed name in Maine. For most business types — including corporations, LLCs, nonprofit corporations, limited partnerships, and limited liability partnerships — adopting a DBA name can be done through the Maine Secretary of State, but sole proprietorships and sole partnerships must file with the city or town clerk’s office where they intend to do business.

When completing your registration paperwork, it’s important to note that Maine offers two options for registering a DBA name: assumed name or fictitious name.

Even though fictitious names and assumed names are synonymous in many states, this is not the case in Maine. If you registered your business in Maine, you would select “assumed name” to register a DBA name. On the other hand, if you formed your business outside of Maine, you would check “fictitious name,” as you would be considered a “foreign” business in this state

Although the process for registering a DBA name is similar for several business structures, they have unique forms that can be found on the Bureau of Corporations, Elections, and Commissions’ website: 

• Corporation
• LLC
• Nonprofit corporation 
• Limited partnership 
• Limited liability partnership 

For a corporation, LLC, limited partnership, and limited liability partnership, you will need to pay $125, while nonprofit corporations are only required to pay $25 to register a DBA name. To complete any form, you will need to fill in the real name of the business, check the box for an assumed or fictitious name, add contact information, sign the document, and fill in the total filing fee(s). It is important to note that most of the documents must be signed by a clerk or any duly authorized officer.

In Maine, sole proprietorships and sole partnerships have different laws for adopting an assumed name. The business owner must apply through their local office of the clerk (city or town in which they conduct business) and provide information regarding their place of residence, name, and designation of the type of business. For example, if you conduct business in Augusta, Maine, you will need to register the assumed name through that city clerk’s office. 

All business structures can expedite their service. If you would like your form expedited, you can pay an additional $50 for a 24-hour expedited service. Alternatively, you can pay an additional $100 for immediate filing.

If you would like to pay the filing fee online, you can complete the Credit Card Payment Voucher and send the completed form with the registration paperwork.

How do I manage ongoing DBA name compliance in Maine?

Before a business can conduct business under their assumed name, they must complete the assumed name form. Additionally, they must continue to transact business in compliance with the state’s laws. Maine does not require the renewal of a DBA name. As long as you stay in good standing, you are compliant. 

If a business wants to alter its assumed name, it must terminate the use of the assumed name. From there, it can file a new form to register a new DBA name. Assumed and fictitious names cost $20 to terminate for every business structure except nonprofit corporations, which cost $5 to terminate.

We can help

Our team of experts can help you every step of the way with your Maine business. If your small business is still in the formation phase, our LLC Formation Services or Corporation Formation Services can help you get started.

The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.