What is a “Fictitious Name” or a D/B/A?

Many of the most popular businesses, whether locally or throughout the country, operate under a “dba” or a “fictitious name.” While the concept may sound confusing at first, it is actually very simple. DBA is short for “Doing Business As” and is synonymous with a fictitious name. All a DBA, or a fictitious name, means is that a company operates its business under a different name than what it is registered under with the State. While a company is not required to have a fictitious name, businesses may have one for a variety of reasons, such as for privacy or marketing reasons. There are not many costs or steps required for a company to register its DBA, but they are unique in that it goes beyond the normal filings with the State. As such, it is important to pay attention to these steps and make sure they are followed properly.

Steps in obtaining a DBA

The first step an individual must take when registering their DBA is to publish a notice of intent in the newspaper where their principal place of business is located. It is important to note that this must be done BEFORE filing the paperwork to officially register the DBA, and there are certain requirements for both the newspaper and the notice.

The notice of intent must include the following information: the DBA, the company’s legal name, address, and the intention to register the name with the State. Furthermore, Chapter 50, Florida Statutes sets forth other legal requirements for the publication, such as that at least 25% of the newspaper must be in English, and that the paper must be published at least once a week. Depending on where you live and the newspaper you choose, there will be costs associated with this publication, but one should not expect these costs to be unreasonable or extraordinarily high.

Following the publication of the notice of intent, the last step is for the business owner to register their DBA with the state. The registration must be submitted at least fifteen days after the notice of intent is published. This can be done either online, or by mailing in the form, and the fee associated with the registration is $50. One important thing to note is that by sending in the application, an individual certifies that the name they are registering has been advertised in a local newspaper. While an individual is not required to provide proof, they are risking criminal liability for registering without first publishing in the newspaper.

Other DBA considerations

Once those steps are completed, a person’s DBA is properly registered with the State. However, here are a few considerations when actually selecting your DBA:

• A DBA can only contain a business entity abbreviation or suffix if it is registered as that type of entity.
• Your DBA is prohibited from using words like “bank” unless it is a financial institution.
• If a business owner wants exclusive rights to a DBA, then they must register it as a trademark, as well.

For more information about how a DBA impacts your business, reach out to one of our experienced business law attorneys in Florida. Contact us today for a consultation.