How to File a Trade Name (DBA) in Arizona: 2 Step Process
To register a DBA (Doing Business As), called a “trade name” in Arizona, you must choose an available name, file a Trade Name Registration with the Arizona Secretary of State, and pay a filing fee.
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Before you embark on the process, though, you might be wondering if registering a trade name or DBA (“doing business as”) name is right for you. There are several considerations in deciding if registering a trade name is the right move for your small business. Depending on your circumstances, there might be other options that would work better for you, such as forming an LLC (limited liability company) or corporation. Take some time to think about the common reasons for filing a trade name and whether or not completing this process will help you to achieve your business goals.
Do I Need a Trade Name?
A trade name, or fictitious business name, is a name that you can use for your business other than your legal business name. Your legal business name depends on the type of business structure that you have. If you have a sole proprietorship, the legal name of your business is your personal name. If you have an LLC or corporation, the legal name of your business is the name that you filed when you formed your legal entity.
There are several reasons why you may want to operate your business under a name other than your legal business name. Owners of LLCs or corporations may wish to branch out into a different line of services or products and rebrand the new line accordingly. For example, the owner of an upscale restaurant is interested in opening a fast food joint. He doesn’t want to operate the fast food restaurant under the same name as the upscale restaurant because he doesn’t want to confuse customers. For branding and marketing reasons, he may wish to register a trade name for the fast food restaurant. Filing a trade name will allow him to open a business bank account and sign contracts with the trade name. Owners of sole proprietorships or partnerships may not want to use their personal name as the name of their business because they have privacy concerns. Another reason sole proprietors often take advantage of trade names is because they feel that it will make their business appear more professional.
It’s important to note that a DBA name doesn’t offer personal asset protection. Owners of LLCs and corporations enjoy limited liability. This means that their personal assets, such as their houses and cars, are protected in the event of a lawsuit or claim against the business. Sole proprietors run the risk of losing their personal assets because they don’t have limited liability protection. If you’re a sole proprietor, considering a DBA name for the purpose of legal protections, be aware that the DBA name is only a name. A trade name will not protect you from personal liability. Only a business entity such as an LLC or corporation can do that.
How Do I Register a Trade Name in Arizona?
Registering a trade name in Arizona is a 2 step process that you can complete through the Arizona Secretary of State website. There is a fee of $10 associated with online registration of a trade name in Arizona. You can expect it to take 2-3 weeks to process your registration unless you pay an additional fee for expedited service.
The first step in the process is the DBA name search. The second step in the process is filing your Trade Name Registration Application.
Two Step Process
Conduct a DBA Name Search
Before you file your application, it’s recommended that you conduct a trade name search through the Secretary of State database. This is an important step because the DBA name that you choose must be distinguishable from other DBA names that are registered in the state of Arizona. If the trade name that you submit is not unique and distinguishable from the other DBA names on record, your application may be rejected.
One good strategy is to start off with a list of several DBA names that you like. Pick names that make it clear what type of services or products your business offers. Also consider how you can make your name striking and memorable. Run the DBA names through the database and choose one of the names that is available.
File a DBA Name Application
The online application to register an Arizona trade name is available on the Arizona Secretary of State website. You must fill the application out completely, so be prepared to provide:
- Name to be registered
- Entity type
- Nature of the business
- Contact information
Only use the Trade Name Registration Application to register a new trade name. Do not use this form for renewal of an existing trade name or for registration of a trademark.
When you submit your application, it is reviewed and it may be rejected or accepted based on the standards in Arizona. If it’s rejected, you may receive an email regarding the reasons for the rejection.
The Arizona Trade Name and Trademark Handbook provides guidelines for applicants to follow. As previously discussed, the trade name on your application must be distinguishable from the names that are already registered with the Arizona Secretary of State. Also, you can’t register a trade name that includes a corporate designation, such as “LLC” or “LP.” Don’t include any of the following restricted words in your trade name unless you have permission from the Arizona Department of Financial Institutions:
- Bank
- Banker
- Banking
- Credit union
- Deposit
- Savings bank
- Thrift
- Trust
- Trust company
- Savings association
- Building association
If your application is accepted, your registration will be good for five years. You may renew your trade name registration beginning six months prior to the expiration date. However, only the owner can renew a trade name registration. If you’ve assigned your trade name to someone else, an assignment form must also be submitted. If you want to keep your trade name, be sure to keep up with the expiration date. If you haven’t renewed by the expiration date, you could lose the trade name and someone else could obtain it. You’d have to submit a new trade name registration application, instead of a renewal, if the expiration date has passed. There is a fee of $10 associated with trade name registration renewal.
It’s also possible to file an amendment. The trade name amendment form is typically used for changes to your contact information, your legal name, or the nature of the business. Amendment costs $3. If you need to cancel your trade name registration at any time, you can do so at no charge.
What Happens After I Register a Trade Name in Arizona?
There are several steps that you can take to help build your business after you register your trade name. If you haven’t already done so, it’d be a good idea to secure the web domain for your business name so that the URL you’d like will be available for use.
Next, consider taking the following steps:
- Build a website
- Get business insurance
- Separate your personal and business finances
- Get a logo and signage
Word of mouth can be a great way to attract customers, but you shouldn’t rely solely on that. Build a website or hire someone to build it for you, so that you can attract customers on the web. Use your new trade name on marketing materials, such as a logo, signage, and brochures.
It’s important to keep your personal and business finances separate. It makes accounting much easier. Also, if the legal entity that you have is an LLC or corporation, it could be vital to maintaining your personal asset protection. Opening a business bank account with your DBA name and getting a business credit card can help you to keep your personal and business funds separate. Getting general liability insurance coverage for your business can also help to protect you from claims against your business.
Frequently Asked Questions About Arizona Trade Name Filings
Frequently Asked Questions
There is no limitation on the number of DBA names that you can have in the state of Arizona. As long as you pay the filing fees, you may obtain multiple DBA names.
Many businesses are required to have an EIN (employer identification number) for tax purposes. Although the legal entity that you own may have an EIN, you don’t need to get a separate Tax ID number for your DBA name. You don’t need an EIN or Tax ID number for your DBA name because a DBA name is not a legal entity.
Getting a DBA name doesn’t affect your tax treatment. Whether you have multiple DBA names or just one DBA name, you’ll be taxed based on the legal entity that you own.
DBA name registration in Arizona doesn’t give you exclusive rights to the trade name. If you’re concerned about other businesses operating under the same name, you might want to form a business entity with your trade name or trademark your trade name.
Generally, there is no legal requirement to file a DBA name in Arizona. However, it could be beneficial to file a trade name. If you’re a sole proprietor who’d like to use a name other than your personal name for your business, it could be worth it to file a trade name. Owners of LLCs or corporations may also benefit from trade names if they’re planning to branch out into a new venture or rebrand their businesses. You’ll likely need to have the registration completed if you want to get a bank account or credit card with the new name.
A DBA name doesn’t provide any legal protections. If you’re interested in using a DBA name for a rental property so that you can protect your personal assets, you should consider forming an LLC or corporation instead.
Assumed names for businesses are often referred to as "fictitious" business names, "DBA" names, or trade names. In Arizona, the most common way to refer to a business name other than the legal business name is "trade name."
It could be more beneficial to get a DBA name than a legal name change for your business if your goal is to roll out a new line of services or products. Getting a trade name is a simpler process than changing your legal business name.
In Arizona, you can assign your trade name to another person or entity. To do so, you’ll need to submit the Assignment form to the Arizona Secretary of State. There is a filing fee of $10 for trade name assignment. Both the current owner and the new owner of the trade name will need to sign the form.
Interested in Getting a DBA Name in Arizona?
You may be able to complete the 2 step process of getting a trade name in Arizona on your own. Or you can let our trusted partner LegalZoom handle your name search and DBA application filing for $99 plus filing fees.
For legal advice regarding trade names and whether or not you should get a trade name for your small business, contact an attorney.
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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