States call it different things: an assumed name, a fictitious name, a fictitious business name or a trade name. A bakery owner named Ana Ruiz who sells as "Sunrise Bakes" uses a DBA; so does "Sunrise Holdings LLC" if it sells under "Sunrise Bakes". In both cases the legal owner stays the same and is still the one that signs contracts, pays taxes and can be sued.
Do you need a DBA?
You generally need one when you do business under any name other than your own legal name:
- A sole proprietor or general partnership whose business name is not the owners' own names.
- An LLC or corporation trading under a name other than the exact legal name on its state record. New York, for example, says these entities must "conduct activities under their true legal name" unless they file a certificate of assumed name (New York Department of State).
Where is a DBA filed?
It depends on the state, and sometimes on who is filing: some states register DBAs centrally, others at the county, and some split them by business type. These are the rules we checked on official sites; for any other state, ask its business filing office or your county clerk.
| State | What it is called | Where it is filed | Fee and term |
|---|---|---|---|
| California | Fictitious business name | With the county where the principal place of business is (California Secretary of State) | Set by each county |
| Florida | Fictitious name | With the state's Division of Corporations (Sunbiz), after advertising the name once in a newspaper in the county of the principal place of business (Sunbiz) | $50 (fee schedule); valid 5 years, to December 31 of the fifth year |
| New York | Assumed name | Corporations, LLCs and limited partnerships file a certificate of assumed name with the Department of State (NY DOS) | $25, plus a county fee for corporations for each county where they do business: $25 per county outside New York City, $100 per county inside it. No county fee for LLCs (NY DOS instructions) |
| Texas | Assumed name | LLCs, corporations and other filing entities: with the Secretary of State (Form 503), and since September 1, 2019 not also with the county. Sole proprietors and general partnerships: with the county clerk of each county where they keep a business office (Texas SOS) | $25 at the Secretary of State (Form 503 instructions); county clerks set their own fees |
Fees and rules as published by each office on the date at the foot of this guide.
How to get a DBA
- Pick the name and search it. Check the state's business records and its DBA records for the same or a confusingly similar name, and search the USPTO trademark search. Our name availability guide walks through the checks.
- Find the right office: the state filing office, the county clerk, or both, depending on your state and business type. In New York, for example, a corporation's certificate is filed with the state, which also collects a fee for each county where it does business.
- File the form and pay the fee. The form usually asks for the DBA name, the legal name of the owner, the business address and the type of business. Some places add a step: Florida requires the name to be advertised in a newspaper first.
- Renew it on time. Many registrations expire after a fixed term. Florida's last five years, and an expired one cannot be renewed: it has to be registered again as new.
What a DBA does not do
- It does not create a separate business. There is no liability shield: a sole proprietor with a DBA is still personally responsible for the business's debts. That protection comes from forming an LLC or corporation.
- It does not reserve or protect the name. Florida's own notice says registration "is for public notice only" and "does not reserve a fictitious name against future use." Protection against others using a name comes from trademark law.
- It does not give you a new tax ID. The IRS says a sole proprietor generally needs one EIN regardless of how many trade names the business uses (Form SS-4 instructions). See what an EIN is.
DBA lookup: who is behind a trade name?
Because the point of a DBA filing is public notice, the records are generally searchable. Search where that state files them:
- State-level DBAs: in the state's business search, sometimes as a separate "fictitious name" or "assumed name" search. Florida's fictitious names are searchable on Sunbiz. Start from your state's page here, which links the official search.
- County-level DBAs: in the county clerk's or recorder's records, often online, otherwise by request.
The filing names the legal owner: a person, or an LLC or corporation you can then look up in the state records. To go further, see how to find who owns an LLC.
General information, not legal or tax advice. Facts checked 2026-10-26 against the official sources linked above; confirm with the state or the IRS before you file. How we check our facts · Report an error