File a DBA in Delaware

What is doing business as in Delaware? 

A doing business as, also commonly referred to as a DBA, fictitious business name, or trade name, is an alternate name for your business that can legally be used interchangeably with your business’ registered name.

These alternate names are often used when a business offers a product or service that isn’t perfectly aligned with the brand image associated with the business’ registered name. This might be the case when a business expands into a new market or industry. For instance, a moving business founded in New Mexico named Southwestern Movers LLC might want to use a DBA if they decide to expand their business and offer moving services in Delaware, or elsewhere outside their home region.

DBAs can also be useful in cases where a business wants to rebrand without registering a new business, or when the business is unregistered and the owner doesn’t want to use their personal name and information as the name of the business. A DBA does not offer the same liability protection as business entities like limited liability companies or corporations, but it does at least extend a degree of privacy to a sole proprietor or partnership.

Who needs to file a DBA in Delaware? 

A DBA is required for any legal entity wishing to conduct business activities, open a bank account, or otherwise use any name other than its legally registered business name in the state of Delaware. This is the case whether the business is registered as an LLC, corporation, sole proprietorship, partnership, or any other type of business structure.

If a business wishes to operate under a different name than the one used when the business was registered, it will need to file a DBA in every Delaware county in which it will conduct its business. The paperwork associated with filing a DBA is the same from county to county in Delaware, but must be completed for any and all relevant counties before the DBA name can be put into use.

The benefits of having a Delaware DBA

Filing for a DBA in Delaware provides a number of benefits to a business. Some of the biggest perks of a DBA include:

• Flexibility. Some businesses have diversified products and services which don’t fit neatly under a single umbrella name. By registering a DBA for various parts of the business, the company’s branding can accurately reflect the products it offers without needing to file for an entirely new business entity.
• Privacy. Certain business types, like partnerships and sole proprietorships, do not require legal registration and operate under the legal name of the owner or owners. Some businesses may wish to forego legally registering their business but still want the privacy of a company name. A DBA provides this extra privacy, albeit without the liability protections and tax benefits of certain business structures.
• Continuity. Sometimes companies choose to do a complete overhaul of their branding, or shift industries and locations entirely. In these cases, a DBA allows the business to preserve the underlying business infrastructure developed under its original name and simply change its name and brand imagery, saving time, money, and effort during the rebrand.

Delaware doing business as name requirements

Delaware is divided into three counties—New Castle County, Kent County, and Sussex County. The requirements are the same for all three counties, but it’s still important to check your chosen DBA name is available in all the counties in which you plan to conduct business.

In order for a business’ DBA application to be approved, the chosen DBA name must be unique in each of the three counties in which the business will operate. The Delaware courts system provides a free online name checker tool to determine the availability of your chosen business name on a county-by-county basis.

Beyond confirming the availability of your desired DBA name, there are several legal restrictions on acceptable names in the state of Delaware. The following are some of the requirements that arise most commonly when choosing a Delaware DBA name.

• A proposed business name cannot be discriminatory or disparaging to any protected class as outlined in the 1964 U.S. Civil Rights Act.
• Business names cannot incite or facilitate criminal acts as prohibited by state or federal laws.
• Your chosen business name must not purposefully cause confusion or public deception. Delaware state law gives the example of a business name containing 500 or more characters being disallowed, for instance.
• The business name cannot intentionally mislead the public about the services or products offered by the business. This includes restrictions on certain terms like “bank,” “trust,” “university,” or other terms. If you are unsure about the legality of the terms included in your DBA, consult with the appropriate prothonotary’s office—the office handling many of the duties carried out by the Clerk of Superior Court in other states—for clarification.

How to file a doing business as name in Delaware

The first step to filing a DBA in Delaware is confirming your proposed business name is available in the counties in which you plan to operate and that it conforms to all of the legal requirements relating to your business structure and industry.

Once you’ve double-checked that these requirements have been met, you can apply for a DBA through each relevant county’s prothonotary office by printing and completing the Registration of Trade, Business and Fictitious Name Certificate. The trade, business, and fictitious name certificate must be notarized, which can be done in person at the prothonotary office, and submitted in person with the accompanying DBA registration fee. A separate registration certificate is required for each relevant county.

How much does a Delaware DBA cost? 

The total cost of filing a DBA in the state of Delaware depends on how many counties your business will file a certificate for. The cost of registering is $25 per county, payable by check or money order made out to “The State of Delaware” and submitted separately with each application.

Why should you get a doing business as name with LegalZoom? 

Dealing with mail-in or in-person applications for a Delaware DBA can be time-consuming and requires you to stay on top of the application’s status as it moves through the approval process. That’s why thousands of businesses have chosen to use LegalZoom’s DBA registration service instead, saving time, money, and effort while ensuring the application is filed correctly.

Simply follow our step-by-step guide and rest easy knowing your application is accurate and meets all the requirements laid out by state law and local ordinances, no matter where you plan to operate in the state of Delaware.

DE DBA FAQs

How long does it take to register a DBA in Delaware? 

The application process for a DBA in Delaware is relatively brief, requiring a single notarized form and application fee per county. This process usually takes 1–2 weeks to complete and receive approval.

Do you need to renew a Delaware DBA? 

There is no expiration date for a DBA filed in Delaware. If you wish to terminate your DBA or change the name after approval, you must file a separate form with the appropriate prothonotary’s office to do so.

Can you trademark a DBA name in Delaware? 

Yes, a DBA name can be trademarked the same as any other business name in Delaware. This is generally a good idea if you plan to use your DBA name as part of your company’s branding, as it affords greater legal protections against other businesses using your intellectual property.

Does registering a doing business as name in Delaware change your taxes?  

No, a DBA does not afford tax benefits or liabilities in the same way a formal business structure like a corporation or LLC might. It simply allows you to legally operate your business under a different name than the one used when founding your company.

Can you change a DBA name in Delaware?

A Delaware DBA can be changed by completing the Registration of Trade, Business, and Fictitious Name Supplemental Certificate for each county in which you wish to change the name of your business.

Can you have multiple doing business as names?

Delaware does not have restrictions on how many DBAs a business can use. A separate application and filing fee is required for each proposed DBA and each county in which those business names will be used.

What is the difference between a DBA and an LLC?

There are major differences between DBAs and Delaware LLCs, the most prominent being the lack of liability protection afforded by a DBA. LLCs protect owners of the company from personal responsibility for business debts and liabilities, while a DBA offers no such protection.

There are a multitude of other benefits afforded by an LLC, including numerous tax advantages and greater flexibility in management, structure, and profit distribution.  

Can you start a business in Delaware if you don’t live there?

Yes, Delaware allows business owners living outside the state to start a company there as long as all of the requirements for starting a new business are met. One of the most noteworthy requirements for out-of-state business owners is the necessity of a Delaware-based registered agent in order to operate legally.

How can I check if my DBA name is taken?

The easiest way to determine the availability of your proposed DBA name is by using the Delaware court system’s online name checker tool.

Essential resources for registering a Delaware DBA

The state of Delaware offers many tools and resources for businesses looking to register a DBA.

Delaware County Prothonotary Offices

The county prothonotary offices of the Delaware Superior Courts serve as the administrators of DBA applications, among many other vital business roles.

• New Castle County: Leonard L. Williams Justice Center, 500 North King St., Wilmington, DE 19801; (302) 255-0800
• Kent County: Kent County Courthouse, 414 Federal St., Dover, DE 19901; (302) 735-1910
• Sussex County : Sussex County Courthouse, 1 The Circle, Suite 2, Georgetown, DE 19947; (302) 854-6959

Delaware Division of Corporations

The Delaware Division of Corporations is a vital resource for businesses operating in Delaware, providing information on Delaware business formation and upkeep. The division provides digital forms relating to starting a Delaware corporation as well as helpful advice and answers to frequently asked questions for Delaware business owners.

IRS EIN Information

An employer identification number (EIN) is a nine-digit number used to identify your business for tax purposes. In certain circumstances, you might need an EIN to register a DBA—certain business structures are required to have EINs regardless of what name they use to operate, and other business structures like single-member LLCs or sole proprietorships must only register an EIN if they hire additional employees. If you’re unsure of whether your business needs an EIN, check our guide to EINs and DBAs to see what’s required in your specific situation.

Sam Eichner contributed to this story.