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DBA Names
DBAs – “Doing Business As” Names
Aka Trade Name , Fictitious Name, Alternate Name, Assumed Name
In many jurisdictions it is permissible for your company to conduct business under a different name, without filing a name change amendment, provided that you register the additional name with the appropriate authority for that jurisdiction. The registration may be filed with the State, County or City, depending on where you intend to do business with the different name. The process is usually inexpensive and fairly quick. In most cases after registering you will have the right to give your other name on your business cards, building and vehicle signage, order forms, advertisements, and even accept checks and made payable in your other name. Ideally your bank account and legal contracts should include both your legal name and your permissible other name.
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For example: If Delaware Business Incorporators, Inc. wanted to do business in Wilmington Delaware under the name “Del Bus Inc Global”, we would register a “Fictitious Name” with the Clerk of Courts of New Castle County. Our checks would read “Delaware Business Incorporators, Inc. DBA Del Bus Inc Global”. |
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Caution: In many Jurisdictions your other permissible name is not afforded Exclusive Use rights, unlike the legal name you registered under when the new Corporation was Incorporated or LLC was formed. Following our above example, this would mean that, while no other company could do business in Delaware with the name “Delaware Business Incorporators, Inc.” another company could do business in New Castle County Delaware under the name “Del Bus Inc Global”. If we wanted to protect that name from use, our options would include registering Del Bus Inc Global as a new Delaware Corporation, or possibly applying for Trademark rights. |
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