Do I Need to Register for a DBA in Kansas?

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What Is a DBA?

A DBA, or “Doing Business As,” is a name a business uses that is different from its legal, registered name. DBAs are also called a “trade name,” “assumed name,” or fictitious business name. There are a couple of reasons why an entrepreneur may want to use a DBA.

A DBA may be desirable for a sole proprietorship because the business owner operates the business in their own name. However, the owner may want to use a more descriptive company name. For example, Tim Thompson runs a mobile carpet cleaning business but doesn’t want to advertise under his name. Instead, he uses a DBA such as “A1 Carpet Cleaning” to market his business and let customers know what he does.

Or suppose an existing business entity, such as a corporation or limited liability company (LLC), wants to diversify its business. In that case, it can use a DBA instead of creating a new entity. So, if Tim wants to add window washing services, he can make a DBA for “A1 Window Washing.”

Other states require business owners to register for a DBA to be authorized to use the name. This registration is done either with the Secretary of State’s office or with a local town clerk’s office. However, Kansas state laws do not require a DBA filing.

Do I Need to Register for a DBA in Kansas?

No, instead of filing for a Kansas DBA, Kansas allows businesses to operate under a new name without DBA registration. That means you can use another name for your business without having to go through the registration process with the Kansas Secretary of State or your local town clerk’s office.

Alternatives to a DBA Name in Kansas

While you do not have to register a DBA or trade name to use for your business in Kansas, you may want to create a new business entity with a business name or change the name of an existing business entity.

Create a New Business Entity

Suppose you want to expand your business in a new area. In that case, consider forming a new business entity, especially if your new type of business is different from your original one. For example, if you are a CPA and have a Kansas LLC but also want to design websites, you can form a new LLC for your website design services.

If a new business you start carries more risk, consider forming a legal entity. If you are a tutor, you may do that as a sole proprietor, but what if you’re going to rent an apartment to a tenant? You can create a new business entity solely for that rental venture.

The advantage of forming an LLC or corporation is that it provides personal liability protection. If someone were to sue your business, they cannot go after your personal assets. Your business debts and liabilities stay with that business and don’t affect your other companies.

To form a business entity in Kansas, you file a registration form with the Kansas Secretary of State. You first must check the name on their name availability page to see if you can use the business name.

It is also a good idea to conduct a name search on the internet and with the United States Patent and Trademark Office (USPTO). You do not want to use a name that has a domain registration or is trademarked. You can search online or with ICANN.org for domain registrations and with the USPTO trademark database for registered trademarks.

Then, you can register your business using the online portal.

Change the Name of Your Business Entity

Suppose you have an existing business structure for your Kansas business, such as a corporation or LLC, and want to change the business name formally. In that case, you can file a Business Entity Certificate of Amendment form. A name change is done on the state level with the Kansas Secretary of State. Complete the form including the following information:

• The business entity ID number

• The name of the business entity

• The type of document to be amended (i.e., articles of incorporation or articles of organization)

• A statement changing the old name to the new name

• The effective date of the amendment

Sign and date the form. The filing fee is $35 (or $25 for non-profit corporations).

If you change the name of your business or create a new one, you must put that legal name on your business bank accounts, business licenses, and insurance policies.

While Kansas does not require businesses to register a DBA name, there are alternatives for entrepreneurs looking to operate under a different name or expand their business.

Have Questions About Filing?

A local business attorney can advise you about business formation, or you can let our trusted partner LegalZoom file the paperwork for you.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.