How To Get a DBA in Arkansas in Three Steps
By Kathy Burns | Legally reviewed by Catherine Hodder, Esq. | Last reviewed October 04, 2024
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If you’re a business owner in Arkansas planning to operate under a different name than your legal business name, you’ll need to register a “Doing Business As” (DBA) name. In many states this is known as a trade name, and in Arkansas it’s known as a “fictitious name.”
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A DBA, or fictitious name, is a registered name that allows businesses to legally operate under a name different from their legal business name. Whether you’re a sole proprietor, a partnership, or an LLC, this article will help you understand how to register a DBA in Arkansas, covering the state-specific steps and requirements.
Do I Need a DBA in Arkansas?
Yes, a DBA is legally required if you plan to operate under any name that is not your legal business name. This is particularly important if you want to use a name that better reflects your brand or services. For example, if John Doe operates a sole proprietorship under the legal name “John Doe” but wants to do business as “Doe Consulting,” he must register “Doe Consulting” as a fictitious name.
Registering a fictitious name for your business satisfies the state’s legal requirements, provides your company with brand flexibility, and allows you to open business bank accounts and sign contracts with the assumed name.
A DBA does not protect your personal assets, however. You’ll need an LLC or corporation for that.
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Choose Your Business Structure
Before beginning a DBA registration, it’s important to decide on the legal structure of your Arkansas business. Your choice of entity type affects your liability, taxes, and registration requirements.
Common Business Structures:
Sole Proprietorship: A simple business structure where the individual owner is personally liable for business debts.
General Partnership: Two people or more share ownership and responsibilities.
Limited Liability Company (LLC): Offers liability protection for owners while allowing pass-through taxation.
Corporation: A legal entity that provides strong liability protection but involves more regulations and tax requirements.
Choosing the right structure depends on your business goals, potential risks, and how you plan to operate. Once you’ve selected a structure, you can move forward with registering your DBA.
Conduct a Name Search
Before registering your DBA, it’s important to ensure that your desired business name is available.
Search the Arkansas Secretary of State’s Database
Use the [Arkansas Secretary of State’s business entity search tool to check if the name you want is already in use. This helps avoid legal conflicts with other businesses.
Check Federal Trademarks
Additionally, search the USPTO’s trademark database to ensure the name isn’t federally trademarked, which could prevent you from using it.
Register the Fictitious Name
In the state of Arkansas, registering a fictitious business name involves both county-level and state-level filings.
File a Certificate of Assumed Business Name
Initially, you’ll need to complete an application for fictitious name and file it with the county clerk’s office in the county where your business operates. The form requires information such as your legal business name, the DBA name, business address, and the nature of your business.
State-Level Filing
In addition to filing with the county clerk, you must file a copy of the Certificate of Assumed Business Name with the Arkansas Secretary of State’s Business Services Division in Little Rock. This ensures your DBA is recognized at both the local and state levels.
Filing Options
You can file in person or by mail at the county clerk’s office and then sent to the Secretary of State. Some counties may provide forms online for download, but Arkansas does not currently offer an online filing option for DBAs.
Fees
The fee you'll file depends on the individual county and the type of business for which you’re acquiring the Arkansas DBA name. Entrepreneurs may not want to open a new business using their personal name, for instance, while a small business may opt for the added legal protection of incorporation.
How To Cancel or Amend Your DBA
If you need to cancel or amend your DBA, you must file the appropriate forms with both the county clerk’s office where you originally registered the DBA and the Arkansas Secretary of State’s Business Services Division.
This process typically involves submitting a signed and notarized form. In Pulaski County, there are specific cancellation of fictitious name forms for DBA amendments or cancellations that you can obtain directly from the County Clerk’s registered office or download from their website. After completing the county filing, send a copy to:
Arkansas Secretary of State
Business Services Division
State Capitol Building
500 Woodlane Street, Suite 250
Little Rock, AR 72201
Frequently Asked Questions
The DBA Filing Process is Simple
Registering a new DBA in Arkansas is a straightforward process that allows you to operate your business and commercial services under a name that resonates with your brand. However, while a fictitious name enhances your business identity, it does not offer legal protection for your personal assets. If you’re unsure about your business needs, consulting with an attorney or registered agent can provide valuable guidance.
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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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