How To Get a DBA in Arkansas in Three Steps
The process to register a fictitious name or DBA (Doing Business As) in Arkansas, depends on your business structure. For corporations and limited liability companies (LLCs) you must file an Application for Fictitious Name with the Arkansas Secretary of State. For sole proprietorships and general partnerships, you must file with the county clerk’s office where you operate your business.
Register your DBA with confidence through our trusted partner LegalZoom.
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.”
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. Entrepreneurs may not want to open a new business using their personal name. 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.
3 Steps To Get a DBA in Arkansas
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 depends on your business structure.
For Sole Proprietorships and Corporations
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.
You can file in person or by mail at the county clerk’s office. Some counties may provide forms online for download.
The filing fee depends on the individual county and the type of business for which you’re acquiring the Arkansas DBA name.
For LLCs and Corporations
File an Application for Fictitious Name with the Arkansas Secretary of State’s Business Services Division in Little Rock.
Or you can go online and choose the Fictitious Name form for your business entity. The fee for a fictitious name is $25.00.
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
FAQs About Using Assumed Names for Arkansas Businesses
Frequently Asked Questions
The cost to file a DBA in Arkansas is $25 to $35, depending on where you file.
Yes, Arkansas requires businesses to register a DBA (fictitious name) if they plan to operate under a name different from their legal business name.
Yes, in Arkansas, a fictitious name is another term for a DBA (Doing Business As), and they are used interchangeably.
Sole proprietors in Arkansas may need a business license, depending on the nature of their business and local regulations. It’s important to check with your city or county for specific requirements.
To transfer an assumed name in Arkansas, you would need to file an amendment form with the county clerk where it is registered and notify the Arkansas Secretary of State. This process may involve submitting updated ownership information.
Insuring a DBA in Arkansas involves adding the DBA name to your existing business insurance policy. Contact your insurance provider to include the DBA under your coverage.
The processing time for registering a fictitious name in Arkansas varies by county but typically takes a few business days to a couple of weeks, depending on the workload of the county clerk and the Secretary of State’s office.
Getting a DBA is an easier option if you want to operate under a different name without changing your business’s legal name. It’s simpler and less costly than a legal name change, which might be necessary if you’re rebranding your entire business.
No, a DBA cannot obtain its own EIN or Tax ID. The EIN or Tax ID is associated with the legal entity behind the DBA, such as an LLP, limited partnership, or nonprofit corporation.
To file for a DBA in Arkansas, you typically need a completed assumed name certificate, which includes details such as your own name, legal business name, DBA name, business address, and the nature of your business. You may also need to provide a filing fee and identification.
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.
Or you can 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.
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?
Helpful Links
Meet FindLaw’s trusted partner LegalZoom, an industry leader in online business formations
Need Help Registering Your DBA?
FindLaw’s trusted partner, LegalZoom, provides a straightforward process to register your DBA. Join the millions who launched their businesses with LegalZoom.
DBA registration starts at $99 + filing fees.