If you’re planning to start a business in Delaware using a specific name, you may need to register for a business name. Business name registration is commonly referred to as a Delaware DBA or “Doing Business As,” but is officially called a Trade Name.
Check out our guide to see if you need to register for a Delaware Trade Name and the steps to do so.
Related: Starting A Business In Delaware Checklist
Who needs to register for a Delaware DBA?
Any individual or business entity engaging in or transacting business within the State of Delaware must do a Trade, Business, and Fictitious Name Registration under Delaware Statute Title 6 Del. C. Chapter 31 § 3101 and § 3103.1
A business must register with the Office of the Prothonotary in every county where they operate. For example, if you are starting a business and have a retail store in Kent County, you would only need to file with the Prothonotary office in Kent County. On the other hand, a landscaper servicing clients in multiple counties would need to register with the Office of the Prothonotary in each of those counties.
Sole proprietorships and general partnerships are the most common entities to register for a DBA. The legal name of a sole proprietor or partnership can be the owner’s full first and last name, which doesn’t get registered in Delaware. Using the owner’s name for the business name works for many self-employed business owners, however many entrepreneurs want to operate under a distinct and brandable business name. In addition, some banks will require one to open a business bank account.
Related: How To Form A Sole Proprietorship In Delaware
A corporation and Limited Liability Company won’t typically register for a Delaware 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 a Delaware corporation or Limited Liability Company without forming another entity.
Steps to Register a Delaware Trade Name?
Step 1: Verify Name Availability
Every name registration must be unique and not too similar to other names on record. Before filling out the form, do a Delaware business name search on the Delaware Department of State’s website to see if the name you want is available.
Step 2: Complete the Form
After verifying that the business name you want is available, you must file the registration form online, download it, and submit it by mail or in person.
Information that is needed on the form includes:
- The County where the name is being registered
- Proposed DBA name
- Business address
- Phone number
- Names and addresses of all owners, members, or partners
- Date of formation
- What the business does
The form has to be filled out and notarized, so don’t sign before signing in front of a notary! Notary services are available in each of the Prothonotary’s Offices.
Step 3: Submit the Form
The Fictitious Name Certificate can be delivered in person or mailed to the Prothonotary’s office for the county where you do business in Delaware.
Addresses for each Prothonotary office:
New Castle County
Leonard L. Williams Justice Center
500 North King Street, Suite 500, LL1
Wilmington, DE 19801-3746
Kent County Courthouse
38 The Green
Dover, DE 19901
Sussex County Courthouse
1 The Circle, Suite 2
Georgetown, DE 19947
Delaware DBA FAQs
How much does a Delaware Trade Name cost?
The state filing fee for a Delaware Trade Name is $25 for each county where the business operates.
Are there any naming restrictions when filing a Delaware DBA?
DBAs can’t be registered using words related to banks, trusts, and savings unless the business is licensed to provide those services.
Additionally, a DBA filing can’t use a business entity suffix different from the type of business structure. For example, a sole proprietorship can’t use LLC or Corp in its name.
Sources