If you run a business under an assumed name in Virginia, you may want to set up a DBA. Short for “Doing Business As,” a DBA serves as an alternate title for your business. Often, a DBA is the name customers will use to refer to your company. In this guide, we’ll cover everything you need to know about DBAs: who needs one, who doesn’t, and two easy steps to filing with the state.
In Virginia, the DBA is actually called a “Fictitious Name.” Essentially, they’re the same concept. “Fictitious Name” is just the terminology used by the state. For consistency, we’ll call it a Fictitious Name throughout the rest of this guide.
NOTE: Keep in mind that filing a trade name will not give your business protection through the corporate veil like an LLC will. If this is something you want or need, don’t fret, there are many top rated LLC services that can help you take care of the paperwork.
Do You Need a Virginia Fictitious Name?
Not all business entities in Virginia need a Fictitious Name. Ordinarily, a business needs a Fictitious Name when the name of their business differs from the name registered with the state.
So let’s say that Lauren operates a sole proprietorship; her legal business formation documents list her full name as the legal owner of the business. But if she wants to run her shop under the name Sew Sweet Creations, she’d need to file a Fictitious Name in order to use that name. A Fictitious Name is also useful for corporations which want to establish additional businesses or locations with a name that’s different from the Corporation name.
Limited liability companies, nonprofit corporations, and corporations operating exclusively under the name on file with the state usually do not need a Fictitious Name. They may choose to use one if they want to establish a new product line or chain of businesses under their original parent company.
A Virginia Fictitious Name does present a few advantages. While it doesn’t offer any specific legal protections or tax incentives, a Fictitious Name allows you to get a business bank account. You can also give your customers peace of mind—most people are more comfortable writing a check to a business than an individual.
Virginia does not have a state-level filing for Fictitious Names. Instead, if you plan to use a Fictitious Name in Virginia, you’ll need to file on the county level.
1) File Your Fictitious Name with the Local Clerk
Virginia law states that all entities using a Fictitious Name must register that name “in the clerk’s office of the circuit court of the jurisdiction in which the fictitious name is to be used.” Registering your name does not necessarily give you exclusive rights to the name. (If you want to learn your rights to a business name, Virginia encourages you to seek legal counsel).
Before you file your name, however, you should ensure that your name does not infringe on names that have been reserved with the state. To do so, you can Check Name Availability. This search technically serves as a way for incorporated entities to check, but you can use it, too. Simply type in the Fictitious Name you hope to use. If there are any incorporated entities with names that are indistinguishable from the one you’ve picked, you’ll need to tweak your name a bit.
After that, you are set to file your Fictitious Name with your local clerk. You can contact your clerk or check out your county’s website for the forms you’ll need. The fee for this filing is usually $10 (plus some convenience fees as applicable).
If you’re a sole proprietorship or general partnership, then your filing process is complete. However, some incorporated entities need to complete an additional step by filing an attested copy of the certificate with the State Corporation Commission. The fee is $10. For more detailed information on what entities need to file attested copies, check out the state’s Fictitious Names FAQs.
2) Maintaining your Virginia Fictitious Name
Unlike many states, a Virginia Fictitious Name does not expire. You will not need to worry about filing a renewal of your name.
However, if you ever need to make changes to your name or stop using it, you should alert the office where you filed originally (as well as the State Corporation Commission if applicable). This process keeps consumers aware of what businesses are operating in the state and who’s behind them.
Need Help Filing your Fictitious Name?
If this process sounds like a hassle, you can get help with setting up your business’s name with a service like Legalzoom. They make the process simple: you simply provide them with the necessary information about your company, and they’ll fill out the paperwork so you don’t have to. The process is both easy and affordable, letting you focus on running your business.
Conclusion
Your name is an important part of your business, but keeping compliant with state requirements can be tricky! We hope this guide made it quick and easy to set up your Virginia Fictitious Name.