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As a Pennsylvania business owner, it’s important to understand what a DBA name is and consider using one. DBA stands for “doing business as,” and in the Keystone State, it’s legally referred to as a “fictitious name.”
Take a look at our guide below to learn more about obtaining and maintaining a great DBA name for your business.
When you form a Pennsylvania business, you’re required to register a name with the commonwealth’s Department of State. This name is the legal name under which you can do business. If you want to operate under a name different from your company’s legal name, you need to file a DBA name registration.
A Pennsylvania DBA name is known as a “fictitious name.” The Fictitious Names Act of 1982 was established so that business owners can always be identified. The commonwealth defines a fictitious name as “any assumed name, style, or designation other than the proper name of the entity using such name.” Entities that can register a fictitious name include:
Entities also include any other group of organizations or persons, whether they’re organized or formed under Pennsylvania law or any other jurisdiction. It’s important to note that a DBA name isn’t a business entity type, such as a limited liability company (LLC). It’s simply an alias — a name that a business assumes for a specific reason.
Sole proprietorships, partnerships, LLCs, and corporations have a variety of reasons for using a DBA name. No matter which type of business you operate, everyone files the same application for the registration of a fictitious name with the Pennsylvania Department of State. Here are some advantages a business may gain from using a DBA name:
Are you interested in using a DBA name for your business? Follow our guide below on how to obtain and maintain a DBA name in Pennsylvania.
Choosing a DBA name can be as simple as dropping an entity designation, such as “LLC,” or as complex as creating an entirely new name. When deciding on a name, think about how the name will be received by future clients or customers. Some questions to ask yourself include:
Another factor to consider is whether your potential DBA name is already in use in Pennsylvania. In most states, your DBA name doesn’t need to be unique, and registering a DBA doesn’t create name ownership rights. This rule is true in Pennsylvania, too.
While any individual or entity can register a DBA name in use, it isn’t the best move. It can cause many issues; for example, two businesses using the same or similar DBA name can confuse brands. You want to set yourself apart from the competition, so it’s wise to do a Pennsylvania name search when choosing a DBA name.
Choosing a DBA name in Pennsylvania is also guided by state law. So, be sure to take into account that the name:
If a sole proprietorship, corporation, or partnership wants to use the word “Company” or any variation of it, they are allowed to do so. The DBA name also doesn’t need to include a corporate designator, such as “Corp.” or “Corporation.” You’ll also need approval from specific departments or boards to use any of the following words:
The name also can’t contain “Cooperative” or “Electric Cooperative” unless it is a cooperative corporation or electric cooperative. Lastly, using the number “911” isn’t permitted unless your entity is authorized by law to provide emergency telephone services for:
Pennsylvania statutes aim to protect entity names registered or reserved by others within the commonwealth. However, they don’t protect multiple usages of DBA names. Pennsylvania laws also ensure that businesses are regulated. They protect consumers from fraudulent companies and ensure entities aren’t confused with legitimate government agencies or services.
While the registering of a DBA name in Pennsylvania doesn’t create any exclusive right to the name, it’s important to file the name for legal purposes. It also records the name in the Department of State’s searchable database, which can discourage others from using it.
You can register a Pennsylvania DBA name online or by mail. To register online, log in to the PA Business One-Stop Shop with your PA Keystone Login username and password. Navigate to the “Registration of Fictitious Name” form, fill it out, and submit it as detailed in the account management system. You will be required to submit a $70 fee with your application.
To register a Pennsylvania DBA name by mail, complete these steps:
Pennsylvania Department of State
Bureau of Corporations and Charitable Organizations
P.O. Box 8722
Harrisburg, PA 17105-8722
Please note that the department prefers the application to be typewritten. If it’s handwritten, the print must be legible in blue or black ink. Should you have any further questions about completing the DBA name registration application, refer to the third page of the application or call the Pennsylvania Department of State at 717-787-1057.
In Pennsylvania, you may need to advertise an official notice stating that you intend to file or have filed an application for the registration of a fictitious name. Advertising is only required if an individual is listed on the application during step six in the above registration process.
To determine where to advertise, search the Department of State’s list of county newspapers and legal publications. If you need help finding a suitable publication, try contacting the county courthouse or county bar association.
After publication, the newspaper will send you a proof of publication known as an affidavit. This document isn’t required to be sent to the Department of State; however, you should keep it with your business records.
If you fail to register a fictitious name in Pennsylvania, your business is considered an unregistered entity. As such, it can’t use the courts of Pennsylvania to enforce a contract that was entered into using the DBA name. Enforcement is prevented until registration, and the court may impose a $500 penalty on your entity.
A Pennsylvania DBA name will not need to be renewed to comply with state requirements. Should you need to make any changes to your DBA name, you’ll need to file a “Fictitious Name Amendment, Withdrawal, Cancellation” form online or by mail with a $70 fee.
The basic fee to register a DBA name in Pennsylvania is $70. If you file by mail, you’ll have to pay postage in addition to the filing fee. Also, take into account advertising fees if your entity needs to fulfill the state’s advertising requirements. There are no renewal fees; however, a $70 fee is charged any time you need to amend, withdraw, or cancel a DBA name registration.
U.S. military veterans and reservists can have all fees waived if they can prove their status with any DBA name application.
The average processing time to register a DBA name in Pennsylvania is seven to 10 business days. It is faster to register online than to apply through the mail.
You need a DBA name for your Pennsylvania business if you plan to operate under any name that is different from your proper name or your business’s legal name. The Department of State and others need to identify who owns every business in operation within Pennsylvania. If you wish to drop designations from your company’s name or keep your name private, registering a DBA name might be worth it.
Registering a DBA name in Pennsylvania doesn’t provide you with the sole rights to that name. Another business could use the same name, even though it’s probably not in their best interest to do so. The only way to fully protect your DBA name is to register a trademark with the commonwealth or at the federal level with the United States Patent and Trademark Office (USPTO).
Yes, a business can file multiple DBA names in Pennsylvania. Larger entities, such as corporations, often file more than one DBA name as their business grows. They use DBA names to launch products, services, or branches of their business.
For example, a restaurant owner may want to open another restaurant and begin a catering service, too. They create two separate DBA names: one for the new restaurant that offers a different cuisine than the original restaurant and one for the exclusive catering company.
Yes, a DBA name in Pennsylvania is referred to as a “fictitious name.” State laws and legal forms reference fictitious names instead of DBA names, but it means the same thing.
If you’re the sole proprietor of a business, you only need a DBA name if you plan to do business under any name other than your legal name. Sole proprietors often opt to use a DBA name when they want to add to their legal name or keep their name private.
Since a DBA name doesn’t establish any new business entity, it won’t affect how your business is taxed at the local, state, or federal level.
Are you looking to grow your business in Pennsylvania and need further information or help? Our experts offer business formation to help make running and growing your business easier than ever. Contact ZenBusiness to learn how we can help your small business today.
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