How To File a DBA in Los Angeles in 5 Steps

A DBA is any name a business uses that is different from its legal company name. DBAs are available for incorporated entities such as limited liability companies and corporations or unincorporated entities like sole proprietorships.

A DBA is not a legal entity. The underlying legal entity of the DBA is responsible for taxes, business licenses, business permits, and insurance. You use the underlying California business legal entity’s tax identification number to open a bank account in the DBA name.

If your principal place of business is outside California, and you want to use a fictitious name in Los Angeles but do not have a physical presence in Los Angeles, you must register with the Sacramento County Clerk-Recorder not the Los Angeles Clerk. However, if you have a store, branch office, or warehouse in Los Angeles County, you file in Los Angeles.

Nonprofits aren’t required to register a DBA/FBN in Los Angeles County.

Once you’ve registered your DBA/FBN in its home county, you may then register that business name in any other California county where it does business.

You can use a DBA for the following and more:

• Advertising
• Proving the business exists
• Opening a business bank account
• Accepting credit cards as a merchant
• Simplifying a corporate name
• Introducing a new product line
• Using a name other than your own

A disadvantage of a DBA is that it’s not a type of business structure that protects the business owner as an LLC would.

It’s your decision whether to use a fictitious name instead of the business’s legal name.

The most common use of a DBA is in a sole proprietorship or a partnership where the business name differs from the full legal name(s) of the person or people who operate the business. This is true even if the name is a part of the business—for example, “Bob’s Greenhouse.” At the same time, you can register your full legal name as your business name if you want. Any questions about this process should be directed to the Los Angeles County Clerk’s office.

It’s a slightly different registration process if the business is a corporation or limited liability company (LLC). Suppose the corporation’s or LLC’s name is already registered. In that case, a second registration of that name as a DBA isn’t necessary. But a DBA registration is required if the corporation or LLC wants to do business under another name. An example would be a restaurant holding company: “XYZ Holdings DBA Hollywood McDonald’s.”

No Limits

There is no limit to the number of DBAs that a Los Angeles County legal entity can have. But as listed in the next section, there are several limitations on what a DBA can call itself.

After you’ve decided on a name but before you register it as a Los Angeles County DBA/FBN, take the necessary steps to make it legally yours.

First, conduct a fictitious business name search on the LA County Clerk’s website to ensure that no one else in the county uses that name. If they do, then you can’t use that name as your FBN.

Be aware that there are certain words or designations that you cannot use in a Los Angeles County DBA filing. You cannot:

• Use a DBA name that is misleading about the nature of the business
• Use a name connected to the banking and insurance business, unless the business is licensed in those areas
• Use a professional name like doctor or attorney at law, unless you are licensed as one
• Use any indication that the DBA is a corporation unless one of the entities named in the application for registration is a corporation

If your name is not in use and is a unique Los Angeles County name, register that name as fictitious.

You can own your legal business name so that no one else can use it. But this name must be unique.

To begin with, you must ensure that no one else can use it in business or on the internet. Make sure you can secure social media handles and a website domain name. If so, create accounts with your DBA name on Facebook and Instagram. Then, purchase the domain name through a third-party website like GoDaddy or Squarespace.

If you expect to work in other states outside of California, you can also federally trademark your DBA name with the United States Patent and Trademark Office (USPTO).

Once you receive your federal trademark, register that trademark or service mark with California. You can also register a trademark or service mark with the state of California without filing for a federal trademark. But it only protects it within the state.

Now, that name belongs to your small business.

Any fictitious name used in an ongoing business in Los Angeles County must be registered by filing a fictitious business name statement with the Los Angeles County Clerk Fictitious Name Portal. There is a $26 filing fee. The Los Angeles County Clerk has a video tutorial on how to use the online portal.

You can submit your FBN statement in a few ways:

• Submitting it online (this requires an additional $10.75 fee)
• Scheduling an in-person appointment at the Norwalk location (you can only schedule an appointment after you submit the statement online)
• Mailing the form along with an Affidavit of Identity to: Business Filings and Registration, P.O. Box 1208, Norwalk, CA 90651-1208

The registration form is detail-intensive. So, have your business information available before starting. You need the following information:

• Certificate of corporate status for the underlying corporation or LLC
• Proposed business name of the DBA
• Principal business address of the DBA
• Names, addresses, and email addresses of individuals with interest in the business (owners)
• Names and addresses of legal entities with interest in the business
• Purpose of the business
• Contact information
• Signature of the owner(s)
• Notarized Affidavit of Identity form
• Filing fee

The filing fee is $26.00 per business name and one registrant.

Once the registration is approved, the DBA remains valid for five years from the approval date. It can then be renewed every five years with no limits with a $26 filing fee. The registration lapses if not renewed.

A filed copy of the statement must be published once per week for four consecutive weeks in an adjudicated newspaper in Los Angeles County. Publication must begin within 45 days after the filing date of the fictitious business name statement.