How To File a DBA in Georgia in 3 Steps

A DBA (doing business as) name is any name a business uses that is different from its legal name. In Georgia, this is called a “trade name." If entrepreneurs do business under a name other than the company's legal name, that name must be registered in the county where the business is based.

Register your DBA with confidence through our trusted partner LegalZoom.

The process of filing a DBA name is easy in Georgia, but it does require filing fees and some considerations ahead of time. If you plan to do business under a DBA, FindLaw will walk you through what you need to do to make it legal. As you go through these three simple steps, remember that a DBA is sometimes called a fictitious name or trade name.

Why File a DBA Name in Georgia?

You could get into legal trouble if you operate for more than thirty days under a name other than your business's legal name. Filing your Georgia DBA is simple and can prevent unwanted legal hassles.

Considerations for a DBA Name Based on Your Business Structure

If your small business is a sole proprietorship, your business legal name will be the same as your personal name. The same is true if your business is a general partnership. You cannot operate under any other name unless you register a trade name.

Take, for instance, an artist named Dana, who is a sole proprietor. Dana must legally register a trade name to do business under “Dana's Designs" legally. You are a sole proprietorship if you are the only owner, you never filed paperwork to create a formal business entity, and you pay your business taxes to the Internal Revenue Service (IRS) via your personal taxes.

Common Reasons for Filing a DBA Name

Limited liability companiescorporations, and even nonprofits also have reasons to file for a Georgia trade name:

  • For banking purposes. If you want to open a business bank account under your company's DBA name, you must officially register that name.
  • For advertising. To promote your business under a new name, you must submit a trade name application to make it legal. Some companies create a DBA to provide a new line of products or services and market them under a different name.
  • For transactions. To accept or make payments under a new business name, you must file a trade name application.

Formalizing your DBA with a Georgia filing can help your DBA secure funding from banks or the Small Business Administration (SBA).

Does a DBA Provide Any Legal Protections?

No. Keep in mind that a DBA is only a business name. It is not a business license or a business entity. It does not provide personal liability protection or remove legal requirements for your business.

If you want to protect your personal assets from business liability, consider creating a limited liability company (LLC). An LLC is an excellent legal structure for most new businesses. It is simpler and more flexible than a corporation but offers liability protection. However, incorporation might be necessary if you have many investors or plan to offer stock options to your employees.

You do not need to file a DBA if your business is already an LLC, corporation, or other business entity operating under its legal business name. You would only create a DBA if you intended to do business under another name.

LLCs and corporations typically have federal tax IDs (employer identification numbers known as EINs) to bank or hire employees. If you already have an EIN for your LLC or corporation, you do not need to create a new one for your DBA. Your DBA will use your company's existing EIN.

Meet FindLaw's trusted partner LegalZoom.

Let's file your DBA!

Join the millions who launched their businesses with LegalZoom. DBA registration starts at $99 + filing fees.

Get Started

3 Steps To File a DBA in Georgia

1

Check Your Name's Availability and Follow Naming Rules

Your Georgia DBA name has to be unique and not used by a competing Georgia business. You should follow Georgia's naming rules when choosing your trade name. If your business is not a corporation or LLC, you should avoid using words or abbreviations like “corp.", “incorporated" or “LLC," which could confuse the public.

Do a thorough search to find out if your business name is already being used.

  • Start by doing a name search at the Georgia Secretary of State website.
  • Search the county clerk's office where you operate the business for your proposed name.
  • Do a simple internet screening search to see if a competitor uses the same or a similar name.
  • Search the United States Patent and Trademark Office's (USPTO's) trademark database. This is a vital step to ensure that your name does not infringe on another company's trademark rights.
  • Check for domain name availability before committing to a name. Even if you don't build your website right away, it's a good idea to make sure you have reserved your domain name. That way, it will be ready to go when you want to launch your online presence.

Your trade name application can be denied if the name is the same as another business registered in your county. So, the best policy is to make sure your business name is available to avoid the delays a denial will cause.

Your trade name application can get denied if the name is the same as another business registered in your county. So, the best policy is to make sure your business name is available to avoid the delays a denial will cause.

While conducting these searches, it would be wise to check for domain name availability before committing to a name. Even if you don't build your website right away, it's a good idea to make sure you have reserved your domain name. That way, it will be ready to go when you want to launch your online presence.

Finally, you should make sure to follow Georgia's naming rules when choosing your trade name. If your business is not a corporation or LLC, you should not include any words or abbreviations like “corp.", “incorporated," or “LLC" that could confuse the public.

2

File Your DBA With Your County

In Georgia, you need to file your DBA name with the office of the clerk of the superior court where your principal place of business is located. This is the address you have listed with the Georgia Corporations Division.

Find Your Trade Name Application Form

You should go to your county clerk's website to find the application form for your assumed name. Georgia provides a complete list of county clerks on its Georgia clerks website. You can choose your county from the map or a list.

Some counties, like Fulton county, offer a downloadable trade name application. If the trade name registration form is not available on your county clerk's website, you should call or email their office directly. They can offer more information on how to get the paperwork you need.

Fill Out Your Trade Name Application

The paperwork to fill out may vary from county to county. But state-level laws require you to provide certain basic company details. This information is usually easy to gather. You will need to:

  • Give your business's address.
  • Provide your requested trade name.
  • State the nature of your business.
  • Provide names, contact information, and notarized signatures of company owners.
  • Make payment for the fees listed on the form. These fees tend to change over time and by location, but they will generally be around $200 for the combined filing and publication fees.

Once you have completed the application, mail it, or return it to your county clerk. Their mailing address should be on the application.

3

Publish Your Georgia DBA Name

It might seem old-fashioned, but Georgia law requires you to publish a notice of your new Georgia DBA name in a local newspaper. The notice should run every week for two weeks. It should appear in the same newspaper that runs the sheriff's advertisements. Your county clerk can probably inform you as to the correct local newspaper.

Some counties, like Gwinnett, make this step easy by including the publication fee as part of the trade name application. If you have additional questions about the publication requirement or any other aspects of the DBA filing, you should contact your county clerk.

Use a Simple Process To Register Your DBA

Want to take the guesswork out of registering your DBA? Let our trusted partner LegalZoom handle your name search, DBA application filing and publishing for $99 plus filing fees. Start today!

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.

Was this helpful?

FindLaw will earn a commission if you purchase business formation products through these affiliate links.

Meet FindLaw's trusted partner LegalZoom, an industry leader in online business formations

Start your DBA registration in minutes!

Establish a DBA for your business with LegalZoom’s simplified registration process.

DBA registration starts at $99 + filing fees.

 

Prefer to work with a lawyer?

Find one right now.