If you’re planning to start a business in Pennsylvania under a name other than your own, you need to register for a business name. Business name registration is commonly referred to as a Pennsylvania DBA, “Doing Business As,” Assumed Name, or Trade Name, but is officially called a Fictitious Name.
Check out our guide to see if you need to register for a Pennsylvania Fictional Name and the steps to register.
Related: Starting A Business In Pennsylvania Checklist
Who Needs to Register for a Pennsylvania Fictitious Business Name?
The requirements for registering a Fictitious Name are organized under the Pennsylvania Fictitious Names Act1. These requirements vary depending on the type of business entity.
Sole proprietorships and general partnerships are the most common business structures for registering for a Pennsylvania DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name. If the small business owner wants to operate under a specific name, they will complete the Fictitious Name registration.
The legal name of a sole proprietor or partnership can be the owner’s full first and last name, which can be used without registering. For example, if John Smith starts a Pennsylvania business repairing computers operating under John Smith, he doesn’t need to register. If John decides to name his business John’s Computer Repair, he needs to register.
Related: How To Start A Sole Proprietorship In Pennsylvania
A corporation and Limited Liability Company won’t typically register for a Pennsylvania 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 Pennsylvania corporation or Limited Liability Company without forming another entity.
Steps to Register for a Pennsylvania Fictitious Name
Step 1: Verify Name Availability
A business may not register a fictitious name that is the same or similar to another business in Pennsylvania. To find out if the name you want is available, you can do a Pennsylvania business name search on the Pennsylvania Secretary of State’s website.
Step 2: Fill out the Fictitious Name Form
The Registration of Fictitious Name form is available as a PDF or can be filled out and submitted online.
PDF Form DSCB:54-311
Online Form
Information requested on the form includes:
- Fictitious name being registered
- A brief statement concerning the character or nature of the business or other activity to be carried on under or through the fictitious name
- Address of the principal place of business
- Name and address of owners/members/officers
Step 3: Submit the Fictitious Name Application
Submit the filing fee and form. The form can be submitted online, but if mailing, the address is:
Pennsylvania Department of State
Bureau of Corporations and Charitable Organizations
P.O. Box 8722
Harrisburg, PA 17105-8722
If you have questions about the process, contact the Pennsylvania Department of State at 717-787-1057.
Step 4: Publish a Legal Notice
Last, the applicant has to publish a notice they have filed or intend to file an application for the fictitious name registration. The legal notice advertisement should be placed in two legal newspapers with general circulation in the county where the business will be located. If there is only one newspaper with circulation in the county, that publication will be sufficient.
Each county provides a list of approved newspapers, which can be viewed on the Department of State’s website: https://www.dos.pa.gov/BusinessCharities/Business/Resources/Pages/Geographical-Listing-of-Legal-Publications.aspx.
After the notices run, an affidavit will be returned to the applicant. This proof of publication isn’t filed but should be kept with the business records as it may be requested at a later date. If the notice isn’t published or proof of the publication isn’t available, the name isn’t enforceable, and the owner may receive a $500 penalty.
Pennsylvania DBA FAQs
How much does a Pennsylvania Fictitious Name cost?
The filing fee to register a Fictitious Name in Pennsylvania is $70, plus the cost of publishing a legal notice.
Are there any restrictions on words used in a Pennsylvania Fictitious Name?
DBAs can’t be registered using words related to banking, education, or occupations that require licensing (engineering, architecture, etc.) unless the business is licensed to provide these services.
Names may also not contain a business entity suffix such as LLC, corp, limited, etc. unless the business is that type of entity.
After registering the Fictitious Name, can someone use my business name?
While registering your Fictitious Name will keep someone else from registering the same name in Pennsylvania, it does little to stop someone else from operating a business under that name in other states.
If it is important to prevent others from using your business name, you can register with the U.S. Patent u0026amp; Trademark Office to protect it through a federal trademark.
Learn more about trademarking a business name.
Does a DBA need an EIN?
An EIN or Employer Identification Number is a unique nine-digit number that some businesses register for 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.
Is a fictitious name the same as a DBA in Pennsylvania?
The terms fictitious name and DBA (or Doing Business As) are the same.
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