{"id":5181,"date":"2016-04-04T10:47:58","date_gmt":"2016-04-04T15:47:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/starting-a-business\/fictitious-business-names-do-you-need-one.html"},"modified":"2026-06-09T13:48:00","modified_gmt":"2026-06-09T18:48:00","slug":"fictitious-business-names-do-you-need-one","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/starting-a-business\/fictitious-business-names-do-you-need-one.html","title":{"rendered":"Fictitious Business Names: Do You Need One?"},"content":{"rendered":"\n
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Fictitious Business Names: Do You Need One?<\/h1>\n\n
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\n By Amber Sheppard, Esq.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, if you want to use a name for your business that is different from your legal business name. A fictitious name allows sole proprietorships, LLCs, and corporations to legally brand, market, and open bank accounts for a business without creating an entirely new legal entity.<\/p>\n\n <\/div>\n\n\n\n

Before you start doing business under a name that differs from your own, ensure you fully understand the meaning of fictitious business names<\/span> or doing-business-as names. This FindLaw article explains what a fictitious business name<\/span> is, when it requires registration, and how it can help a small business<\/span>.<\/p>\n

See FindLaw\u2019s\u00a0Starting a Business<\/a>\u00a0and\u00a0Sole Proprietorships<\/span><\/a>\u00a0sections for related articles.<\/p>\n

Form your LLC with confidence.\u202fOur trusted partner LegalZoom has packages starting at $0 + filing fees.<\/a><\/i><\/b><\/p>\n

Sole Proprietors<\/span> and Fictitious Business Names<\/span><\/h2>\n

Sole proprietorships<\/span> must register their business under the owner\u2019s legal name<\/span>. Most\u00a0sole proprietors<\/span><\/a>, such as freelancers, do business under their legal names<\/span>. The sole proprietor<\/span> may not need a company name<\/span> or extra branding. They may be comfortable with using their personal name<\/span>. However, some entrepreneurs may want to use a different name<\/span> to conduct business<\/span>.<\/p>\n

For instance, a dog-walking service operated by John Smith likely would have a much better chance of finding customers if he promoted his business under “John\u2019s Dog Walking” or something more descriptive than just “John Smith.” Any business name that differs from the legal name<\/span> is a “fictitious business name<\/span>.” Even something like “John Smith: Dog Walker” would differ from the actual legal name<\/span> of the sole proprietorship<\/span>.<\/p>\n

A sole proprietorship<\/span> that does not take its owner\u2019s legal name<\/span> must normally register the business with an agency of the state government, typically the Secretary of State<\/span>\u2019s office<\/span> or with the County Clerk. For example, under\u00a0Florida business law<\/a>, a “fictitious name” is explicitly defined as any name under which a person transacts business other than the person’s legal name<\/span><\/em>. A legal name<\/span> for an individual is their birth or naturalized name, and for a corporation or LLC, it is the name registered in its articles as well as any registered trademark or service mark.<\/p>\n

LLCs and Corporations and Fictitious Business Names<\/span><\/h2>\n

Corporations, limited liability companies<\/span> (LLCs), and partnerships may also register fictitious names<\/a>. Filing a fictitious business name<\/span> statement<\/span> (FBN<\/span>) offers certain advantages for these business structures<\/span>.<\/p>\n

For example, an LLC<\/a> called “Trinity\u2019s Computers” may want to start selling more product lines. If she decided to sell candles, it would not make sense to sell them under “Trinity\u2019s Computers.” She may file an FBN<\/span> under a different name<\/span>, like “Trinity\u2019s Candles.”<\/p>\n

What Are The Benefits of Having a Fictitious Name For My Small Business<\/span>?<\/h2>\n

The government wants a quick way to determine who owns a business entity<\/span> in case of legal problems with the business. Suppose your business does not take your name. In that case, consumers complaining about your company may have difficulty locating you if you have not registered a fictitious business name<\/span>. It also allows other businesses and start-ups<\/span> to\u00a0search for business names<\/a>\u00a0already in use.<\/p>\n

Registering a fictitious business name<\/span> is not just about helping consumers find you for a lawsuit. For example, suppose your business operates under a non-registered fictitious business name<\/span> or trade name<\/span>. In that case, you, as the owner, can\u2019t sign any contracts or enforceable agreements on your business\u2019s behalf using that trade name<\/span>. Depending on state laws<\/span>, you can\u2019t open a business <\/span>bank account<\/span> under a DBA<\/span><\/a> name<\/span> without registering it with your state\u2019s Secretary of State<\/span> or County Clerk\u2019s office<\/span>.<\/p>\n

Using a DBA<\/span>, fictitious business name<\/span>, or assumed name<\/span> allows you to operate under the existing business you may already have. This means you do not need to:<\/p>\n