How to Register a DBA in Delaware (Step-by-Step Guide)

The first step is to choose a unique name for your business that meets Delaware’s naming conventions.

• The name should be different from any other business registered in Delaware.
• Avoid using certain elements in your trade name, such as business entity suffixes, unless that is your type of business, the term “bank,” or any variation unless authorized by the state.

• After choosing a name, you must confirm that it is unique.
• You can search the state records using the Delaware Courts Trade Names portal. 

Once you’ve determined that your name is unique and available, you must file a Registration of Trade, Business & Fictitious Name Certificate with the County Clerk’s office in every county where the company operates. 

If you do business in all three counties, you must register in each.

Provide the following information on the form:

• A trade name
• The business address and phone number
• The person, firm, or association involved
• The names and addresses of all owners, members, and partners that comprise the business
• The nature of the business

• DBAs in Delaware do not have to be renewed and do not expire.
• If you want to change your DBA, you must file an additional form, the Supplemental Change Form, which costs $25 for each filing.
• If you wish to cancel your trade name, fill in the Termination Affidavit Form.

• Delaware Courts Trade Names
• Registration of Trade, Business & Fictitious Name Form
• Supplemental Change Form
• Termination Affidavit Form
• EIN Application

Choosing to register a DBA offers a range of benefits to business owners:

• Customizable name: A DBA can be altered more quickly than a legal business name, allowing business owners to change their name according to their evolving products and services or market conditions. It also allows multiple DBA names to target different products and markets, increasing the scope and customer base.
• Brand recognition: A well-crafted DBA name is often more descriptive and memorable than a legal name. It helps in brand recognition, business promotion, and marketing and advertising the products or services easier. Registering a DBA name safeguards the brand name by preventing others from using it, establishing brand loyalty among customers.
• Cost-effective: DBA registration is usually less expensive than other business structures like LLCs. It is a more affordable option for small businesses and entrepreneurs that want to create a unique identity without spending too much money.

However, there are a few downsides to registering a DBA:

• Personal liability: DBAs do not provide personal liability or legal protection, meaning that the business owner is personally responsible for all debts, obligations, and lawsuits related to the business.

The following groups can benefit from registering a DBA:

• Sole proprietors: These individuals run their businesses without forming a separate legal entity. A DBA allows them to use a different name for marketing their products or services, giving them more flexibility to adapt to changes in the market.
• General partnerships: Joint ventures between two or more individuals who want to operate under a different name than the partners’ names. Partners can file a DBA to represent their partnership and increase brand recognition.
• Corporations: Companies often need to use a different name than their legal name or take on multiple names for different business activities. For instance, if a company has a subsidiary that offers landscaping services under “Green Solutions LLC” but they also want to get into selling gardening supplies, it can file a DBA for “Garden Supplies” to distinguish between the two business activities.
• Limited liability companies (LLCs): LLCs are flexible business structures that allow owners to limit their liability and protect their assets. However, LLCs can also file a DBA to conduct business under a different name or brand.

Here are some reasons why you might need a DBA:

• Operating under a different name: If you plan to use a name that differs from your legal or company name, then a DBA may be necessary. This can make marketing your products or services easier, help customers remember your name, and create a unique brand identity.
• Multiple business names: Corporations, LLCs, sole proprietorships, and partnerships that operate under multiple business names may need a DBA to keep their branding and legal structures distinct.
• Test new products or markets: A DBA can be useful for testing new products or entering new markets without changing your legal name.

A DBA might not be necessary if:

• Operating under the legal or personal name: A DBA may not be necessary if you operate under your or your company’s legal name.
• Single-owner LLC: A single-owner LLC that does not conduct business under a name that isn’t the owner’s or the LLC’s legal name may not require a DBA.