How To File a DBA in Oregon in 5 Steps

You can operate a small business in Oregon under a name other than the company or person who is operating the business. This is often called a "DBA," which means "doing business as." A DBA can also be called a "fictitious name," an "alias," or a "trade name." Oregon law calls a DBA an "Assumed Business Name."

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Registering an Oregon business DBA is a relatively simple process compared to starting a new business. The registration will vary depending on several factors. Here is a guide to registering an Oregon DBA.

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5 Steps To File a DBA in Oregon

1

Decide if a DBA Is Right for Your Business

A DBA is any name a business uses that differs from its legal name. DBAs are available for incorporated entities(LLCs, Corporations, etc.) or sole proprietorships.

Advantages of a DBA Registration

There are no limitations to the number of DBAs an Oregon legal entity can have as long as the DBA is a legal business.

You can use a DBA for:

  • Advertising
  • Proving the business exists
  • Opening a business bank account
  • Accepting credit cards as a merchant
  • Rebranding
  • Using a name other than the sole proprietor's legal name

A DBA allows a business to form a different name to advertise to the public. It also allows the business to operate under the same tax IDas the original business entity with the Internal Revenue Service (IRS).

Disadvantages of a DBA Registration

A disadvantage of a DBA is that it is not a type of business structure that protects the business owner, as an LLC would do. A DBA is not a legal entity and does not provide liability protection. It is an assumed name of the underlying legal entity. If you operate as a DBA, Oregon requires registering your assumed business name with the Oregon Secretary of State. This allows entrepreneurs to conduct business in Oregon under that name.

2

Choose Your Business Name

You must pick your assumed name after deciding whether a DBA is right for your business.

You can conduct a business name search on the Oregon Secretary of State website to ensure that no one else in the state uses that name. You should also search social media websites and an internet search to see if anyone is using the name there.

Be very aware that there are certain words or designations that you cannot use in an Oregon DBA:

  • You cannot use a misleading DBA name about the nature of the business.
  • You can only use a name connected to the banking and insurance industry if the business is licensed in those areas.
  • You cannot use a professional name (doctor, attorney, etc.) unless licensed in that area.
  • You cannot use any indication that the DBA is a corporation unless one of the entities named in the application for registration is itself a corporation. However, using the word "company" is permissible for any fictitious name, regardless of the registrants' status.

If you have created a unique Oregon name, register that name as a fictitious name.

3

Appoint an Authorized Representative

The DBA must authorize one person to represent the business in transactions with the Oregon Corporation Division of the Secretary of State. This is the DBA's registered agent. It can be an individual or a company. You must list this authorized representative in part of the application for the assumed business name.

4

Own That Business Name

You can own your business name so no one else can use it. To begin, you must be certain that no one else can use it in business or on the internet. This means you must ensure that no one else uses that name.

Run a domain name search. If your DBA is available as a domain name, purchase it. This will prevent others from utilizing that same web page name.

Suppose you expect to work in other states. In that case, you can trademark that name (or register your service mark) with the United States Patent and Trademark Office (USPTO). Once you receive your federal trademark, you can register it in Oregon.

5

Register as an Oregon DBA

Any fictitious name used in an ongoing business in Oregon must register with the Secretary of State. There is a $50 filing fee. You can register by mail or online.

How To Register Your DBA

First, get the form. You can download it, fill it out, and then mail it in. The fastest way is to fill it out and submit it online. This page has the registration form and links for amending the form, canceling the registration, and renewing the registration.

The registration form is detail-intensive, but the Oregon Secretary of State has common FAQs for you to review.

Have all your business information available before you start your application:

  • The assumed business name of the DBA
  • Description of business
  • The registry number of the DBA
  • The principal business address of the DBA
  • Email address for the DBA
  • Names, addresses, and email addresses of business owners
  • Names and addresses of formal business entities with an interest in the business
  • Counties you conduct business
  • Contact information
  • Signature
  • $50 filing fee

The approval process should take about 5-7 business days. The DBA remains valid for two years from the date of approval. There are no renewal limits so long as it is done every two years. If a registered business does not renew, then the DBA lapses. If the DBA is no longer functioning, it can be canceled.

After You Register: DBAs and Tax Identification

A sole proprietorship DBA can use the owner's Social Security Number for taxes. In some cases, a partnership can do the same. They do not have to obtain a Federal Employee Identification Number (EIN). You will need to obtain one if the underlying company does not have a federal EIN.

Any other type of company should have, use, or obtain a business EIN. The DBA is not a separate business entity. That means the DBA does not file taxes and does not have to get its federal or state tax identification numbers. The underlying corporation pays the DBA's income and employment taxes.

The underlying corporation should file with the State of Oregon to generate sales taxes from the DBA. If the DBA has employees, the underlying company or individual must register with the Oregon Department of the Treasury for payroll taxes and unemployment insurance.

Use a Simple Process To Register Your DBA

If you need help filing your DBA application or have questions about DBAs, contact an Oregon business lawyer. Or let our trusted partner LegalZoom handle your name search and DBA application filing for $99 plus filing fees. 

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.

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