How to Get a Virginia DBA Name

A Virginia DBA (“doing business as”) is a fictitious business name you can use to operate your Virginia business under a different name. It might seem unnecessary, but a DBA can have many benefits for your company. 

Learn more about DBA Virginia requirements below and find out how to file for a DBA in the state of Virginia.

DBA in Virginia: Key Takeaways

• A Virginia DBA allows you to choose a different name for your company to display to your clients and customers.

• Virginia business entities can have multiple DBAs to promote different brands under one company.

• Once registered, you don’t need to renew your Virginia DBA.

What Is a DBA?

A Virginia DBA is a fictitious business name that businesses use to operate under a name different from their legal name registered with the state. They’re also called trade names or assumed names.

Although some business owners confuse DBAs with business entities, they’re not actually business structures. A business structure like a limited liability company (LLC) comes with all the rights a business entity has, such as exclusive rights to its business name and liability protection. A DBA is simply another name you use to describe your brand more closely, advertise your product and services, and target particular audiences and markets.

For example, if you’re a hairstylist and a nail artist, you might want to separate these services and promote them under different business names. But instead of creating a new business and filing all the necessary fees, you can create a DBA or two.

DBAs are helpful if you’re running a sole proprietorship or a franchise. In the first case, your legal company name would be your name, so a DBA allows you to create a marketable name for your services. In the second case, a franchise can’t be named as the original company. For example, if you run a McDonald’s franchise, you can only get a DBA for “McDonald’s” since your company name is likely different.

How to File a DBA in Virginia

If the concept of a DBA is a bit clearer, you can move on to the Virginia DBA filing process. The steps are outlined below, including conducting a business name search, filing a fictitious business statement, paying a filing fee, and delivering other necessary DBA paperwork to the county clerk’s office.

Step 1 — Do a DBA Name Search

The first step in a DBA filing process is checking name availability and ensuring your assumed name doesn’t match existing business entity names. 

You’re not allowed to file a fictitious name that’s the same as the name of an already established LLC, sole proprietorship, or corporation. A good place to ensure you have a unique and distinguishable DBA name is our free business name search tool. 

Since companies that trademark logos, products, or designs have an exclusive right to use them, trademarked names are also off-limits.[1] To avoid paying fines, check the United States Patent and Trademark Office (USPTO) database to confirm your DBA name is available. 

Step 2 — File a Fictitious Business Statement

Next on the list is filing a fictitious business statement. A fictitious business statement is a piece of DBA paperwork that ensures your DBA is properly filed with the state. Otherwise, you might be subject to punishment ranging from a $2,500 fine to a year in prison.[2]

You can file the fictitious name certificate through the State Corporation Commission website or by filling out a form specific to your business structure and submitting it by mail.[3] 

For an LLC, corporation, limited partnership, or general partnership, you must complete the Certificate of Assumed or Fictitious Name Business Conducted by an Entity form.

The DBA registration form will require the following:

• Name of the company or business owner

• DBA name you wish to file

• Business entity type

• Jurisdiction

• SCC ID number

• Business address

On the other hand, sole proprietors have to fill out the Certificate of Assumed or Fictitious Name Business Conducted by an Individual form.

For this form, you’ll have to provide the following:

• Name of the sole proprietor who will be using the DBA

• Fictitious business name you wish to file

• Address of the sole proprietor

Once you fill out the forms, you can print them out and either mail or deliver them to this mailing address:

State Corporation Commission

Clerk’s Office

P.O. Box 1197

Richmond, VA 23218-1197

Courier Delivery Address:

1300 E. Main St, 1st floor

Richmond, VA 23219

You must also provide a $10 filing fee.

Step 3 — File Your DBA With the County Clerk’s Office

After filing the fictitious business statement, you need to file other necessary paperwork with the clerk’s office of the county where the business will be operating. 

Before filing the assumed or fictitious name filing with the Office of the Clerk of the Commission, corporations, LLCs, and LLPs must first acquire the filing in a Virginia Circuit Court. 

On the other hand, sole proprietorships and general partnerships don’t need to register with the Office of the Clerk of the Commission. Still, they must register with the county clerk’s office on the county level.

This part can easily get complicated. Thankfully, you can leave the complex DBA Virginia paperwork to a document filing service like Swyft Filings.

Step 4 — Follow Up

Since most states require a DBA renewal with a renewal fee, you’ll be happy to hear that Virginia is an exception. Once you register your Virginia DBA with the county clerk’s office, you will never have to review your DBA paperwork again.

However, if you no longer want to run a business under that DBA name, you can “release” the name with a Certificate of Release of Assumed or Fictitious Name form. You can send this form to the same address as the registration forms above. Keep in mind that this form can be filed in only some counties or cities where the company is no longer conducting business.

Virginia DBA Name Restrictions

Although Virginia DBA filing isn’t as strict as a business name registration, there are still some rules you should know and follow.

Since a DBA isn’t a business structure, it shouldn’t have any words that might confuse it as such. That includes “LLC,” “LP,” “Co,” and other business entity identifiers. 

You also shouldn’t have words like “engineer,” “attorney,” “architect,” etc., in your DBA name unless you have business licenses that prove you offer such professional services. Words that allude to an illegal activity or government affiliation are also unwise.

Additionally, keep in mind that a DBA doesn’t have the same protective rights as a trademark. The usage of a trademark is limited to the business entity that created it, and any usage by a different company won’t be valid and might even result in legal action.

DBA Virginia Tax Considerations

An assumed name doesn’t affect taxes. The business structure itself determines the tax status. You don’t need a separate tax ID number or employer’s identification number (EIN) from the Internal Revenue Service (IRS) because the DBA isn’t a separate legal entity.

Why Should You Get a DBA?

If filing a DBA sounds like a lot of work, and you still don’t see a clear purpose, this section will mention some of the benefits a DBA can bring your business regardless of entity type.

• Simplifies the process of opening a business bank account

• Makes your business appear professional and trustworthy 

• Retains some personal privacy for sole proprietors and general partnerships that use the owner’s name as their business name

• Prevents costly business name changes if you ever switch to selling different products and services

• Allows an owner of a business offering multiple products and services to have different names for each and avoid filing for another business entity

• Helps you target different markets and audiences

FAQs

What’s the difference between an LLC and a DBA?

While an LLC is a business entity, a DBA is simply another name for the business or one of its branches.

How much does getting a DBA cost?

The cost of a DBA is different in every state. For a Virginia DBA, you need to pay a $10 filing fee. The DBA will permanently stay attached to your company unless you choose to release it.

Do I need a DBA for my Virginia business?

Businesses in Virginia aren’t obligated to create a DBA. However, you might still wish to do so if you want to open a business bank account at certain banks, separate your services and products under different names, or protect your identity as a sole proprietor.

What’s the difference between a trade name, assumed name, and a DBA name?

There’s no difference between a trade name, an assumed name, and a DBA name. All three refer to a name businesses use to operate under a name different from their legal business name. They’re also known as fictitious business names.

How long does a DBA last?

A DBA has different duration periods depending on the state. They typically last between five and 10 years and require renewal. However, once you file a DBA in Virginia, you can use it for as long as you want. There’s no renewal term or renewal fee.

Is there a limit to the number of DBA names I can have?

You can create and file as many fictitious names as you want. But note that each DBA comes with a filing fee, so only create as many as you can keep track of and will actually use.

Is a DBA the same as a trademark?

A trademark and a DBA might sound similar, but the main difference is their protection rights. While the use of a trademark is limited to the business that registered it, a DBA can be claimed by another entity.

Does a DBA affect my business’s tax status?

A Virginia DBA doesn’t alter your business tax status in any way since it’s not a separate business entity that has a tax ID or EIN.

Bibliography

1. Commonwealth of Virginia, State Corporation Commission. “Trademark, Service Mark Registration.“ Accessed August 21, 2023.

2. Commonwealth of Virginia, State Corporation Commission. “Fictitious Names.“ Accessed August 21, 2023.

3. Commonwealth of Virginia, State Corporation Commission. “File a Fictitious Name Certificate.“ Accessed August 21, 2023.