If you’re planning to start a business in Arkansas using a specific name, you may need to register for a business name. Business name registration is commonly referred to as An Arkansas DBA or “Doing Business As,” but is officially called a Fictitious Name.
To see if you need to register for An Arkansas Fictitious Name and steps on how to register, check out our guide.
Related: Starting A Business In Arkansas Checklist
What is an Arkansas Fictitious Name?
Fictitious Name registration is required for Arkansas businesses that want to operate under a name that is different from the legal name of the owners or entity. The registration provides information on the people operating a business, so if there is an issue, the owners of a business can be tracked down.
In addition to the legal requirement, a DBA offers other benefits such as proving the existence of a business, opening a business bank account, registering a merchant account to accept credit cards, and others.
What is the DBA filing process in Arkansas?
Registering a fictitious name varies depending on the type of business structure.
Sole Proprietorships and General Partnerships
Sole proprietorships and general partnerships are the most common business structures to register for an Arkansas DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name, but if the small business owner wants to operate under a specific name, they will need to complete the Fictitious Name registration.
For example, if Pam Smith starts a personal shopping service but doesn’t want to use a specific business name, she doesn’t have to register. However, if Pam decides to name her business Pam’s Personal Shopping, then she will need to register.
Related: How To Form A Sole Proprietorship In Arkansas
Step 1: Obtain the Arkansas Fictitious Business Name Certificate
To register, a Doing Business As form will be filled out in the County Clerk’s office in the county where the business operates. This form can often be found on the County Clerk’s website.
Contact information for County Clerks
Step 2: Search Available DBA Names
Each assumed name must be unique in the county where the business is filing, and no other business can use a similar name.
Before filing the form, you will need to check the “Corporation Book” at the office of the County Clerk (some can search online) to verify no other business is registered under the name you want to register.
Step 3: Fill out the Fictitious Registration Form
Common questions on the form include:
– Company name being registered
– Business address
– Names of the business owners.
Step 4: Notarize & File the Form
The form must be notarized before filing. A notary public is usually available at no cost in most County Clerk’s offices.
Corporations and Limited Liability Company
A corporation and Limited Liability Company won’t typically register for an Arkansas DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of an Arkansas corporation or Limited Liability Company without forming another entity.
To register a DBA in Arkansas for a corporation or LLC:
Step 1: Verify name availability
Every DBA filing in Arkansas must be unique or can’t closely resemble other registered names. Before filing, do an Arkansas business name search to see if the name you want to use is available.
Step 2: Fill out the Application for Fictitious Name Form
The Fictitious Name form can be downloaded or filled out and submitted online.
Information needed on the form includes:
- Type of entity
- Fictitious Name being registered
- Character of the business (what the business will do)
- Business address
- Name, address, and signature of an authorized officer
Step 3: Submit the Form
If filing online, the Arkansas Secretary of State website handles the form submission.
If sending by mail, the address is:
Business/Commercial Services Division
1401 West Capitol, Suite, 250
Little Rock, AR 72201
If mailing in the form, it will need to be notarized.
Arkansas DBA FAQs
How much does an Arkansas Fictitious Name cost?
The DBA registration is a one-time filing fee between $15 and $25 for most businesses.
Are there any naming restrictions when filing an Arkansas DBA?
A Trade Name can’t use a business entity suffix that is different from the type of entity. For example, a sole proprietorship can’t use the words LLC or corporation in its name.
Unless licensed in Arkansas, a fictitious name can’t include the words “Bank,” “Banker,” “Banking,” “Credit Union, “Insurance,” “Savings,” or “Trust.”
Additionally, names similar to government agencies, such as the Treasury, State Department, FBI, etc., are not allowed.
Can someone use my business name after registering an Arkansas DBA?
Can someone use my business name after registering an Arkansas DBA?
While registering your Trade Name will keep someone else from registering the same name in Arkansas, it does little to stop someone else from operating a business under that name in other states.
If stopping others from using your business name is important, you can protect it through a federal trademark through the U.S. Patent & Trademark Office.
Learn more about trademarking a business name
Does a DBA need an EIN?
An EIN or Employer Identification Number (also informally called a business tax ID number) is a unique nine-digit number for which some businesses will register through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business with employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.