DBA Requirements by State: Where to File and When to Publish
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Every state except Kansas, New Mexico, South Carolina, and Wisconsin offers DBA registration, but where you file depends on your state and business type. Seven states also require newspaper publication: California, Florida, Georgia, Illinois, Minnesota, Nebraska, and Pennsylvania.
Table of Contents
What Is a DBA?
A DBA ("doing business as") registration lets you operate under a name other than your legal name or your company's registered name. If you're new to the concept, our guide to what a DBA is and how it works covers the basics. DBA requirements by state differ in three big ways.
States vary in what they call the filing, which office files it, and whether you must publish it. A sole proprietor in Texas files with the county clerk, while an LLC in Colorado files online with the Secretary of State. A business in California must also run a newspaper notice for four weeks after filing. This guide maps where each state's filings go and walks through all seven publication requirements in detail.
What Is a DBA Publication Requirement?
A DBA publication requirement is a state rule that makes you print a public notice of your new business name in a local newspaper. The notice tells the public who owns the business operating under that name. Publication is a separate step from filing, and it usually comes with its own deadline. Three states also require you to file proof that the notice ran. The cost of publication is set by the newspaper, so it varies by county and publication.
How Do DBA Filing Requirements Differ by State?
DBA filing requirements by state follow four basic models: state filing, local filing, a split by business type, or no mandatory filing. Your business structure often decides which office you use. Sole proprietors and general partnerships tend to file locally, while LLCs and corporations tend to file with the state. These are general patterns, and the exact rules vary state by state.
State-Level Filing
In these jurisdictions, every business files its DBA with a single state-wide office, usually the Secretary of State or an equivalent agency:
- State-level filing jurisdictions: Alaska, Colorado, Delaware, District of Columbia, Florida, Hawaii, Idaho, Louisiana, Maryland, Minnesota, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Utah, Vermont, Virginia, Washington, and Wyoming
- Recent change worth knowing: Virginia moved fictitious name filings from local circuit court clerks to the State Corporation Commission in 2020
County or Town Filing
In these states, there is no single state-wide DBA filing office. You file with a local official instead, and some states require a filing in every locality where you do business:
- California: County clerk in the county of your principal place of business, for all business types
- Connecticut: Town clerk in each town where you conduct business
- Georgia: Clerk of the superior court in the county where the business is chiefly carried on
- Massachusetts: City or town clerk in each municipality where you maintain an office
- Nevada: County clerk in each county where you conduct business
- North Carolina: Register of deeds in one county, with the filing added to a state-wide database
Split by Business Type
These states send sole proprietors and general partnerships to a local office and send LLCs, corporations, and other registered entities to the state:
- Split filing states: Arkansas, Illinois, Indiana, Iowa, Kentucky, Maine, Michigan, New Jersey, New York, Rhode Island, Texas, and West Virginia
- Tennessee: Entities register assumed names with the Secretary of State, but there is no state-wide registration for sole proprietors.
- South Dakota: Filings have historically run through the county register of deeds, with online filing now offered by the Secretary of State.
Voluntary or No Registration
A handful of states don't make DBA registration mandatory. That doesn't mean other rules disappear, since local business licenses and banking requirements can still ask for proof of your trade name.
- Voluntary registration: Alabama, Arizona, and Mississippi allow optional trade name registration with the state.
- No DBA registration process: Kansas, New Mexico, South Carolina, and Wisconsin
Which States Require DBA Publication?
Seven states require DBA publication in a newspaper: California, Florida, Georgia, Illinois, Minnesota, Nebraska, and Pennsylvania. The remaining states with a DBA registry don't impose a newspaper publication requirement for the DBA itself. Each publication state sets its own rules for who must publish, how often, and whether you file proof. The details below come from each state's statute.
| State | Who Must Publish | Frequency | Proof? |
|---|---|---|---|
| California | All Registrants | Once a week for 4 consecutive weeks | Filed with county clerk |
| Florida | All Registrants | At least once | No, but must be certified on registration |
| Georgia | All Registrants | Once a week for 2 weeks | Certified on registration |
| Illinois | Individuals and general partnerships | Once a week for 3 consecutive weeks | Filed with county clerk |
| Minnesota | All Registrants | Two successive issues | Certified on registration |
| Nebraska | All Registrants | Once | Filed with Secretary of State |
| Pennsylvania | Registrations that include an individual | One notice in two county newspapers | Proof not submitted with registration |
California DBA Publication Requirements
In California, you must publish your fictitious business name statement within 45 days after filing it with the county clerk. The notice runs once a week for four successive weeks in a newspaper of general circulation in the filing county. If your county has no such newspaper, you can use one in an adjoining county. After publication ends, you have 45 days to file an affidavit of publication with the county clerk. This rule applies to sole proprietors, partnerships, LLCs, and corporations alike. A business that skips these steps can't bring a lawsuit under the fictitious name until it complies. If you refile within 40 days of expiration with no changes, you generally don't need to republish.
Florida DBA Publication Requirements
In Florida, you must advertise your fictitious name at least once in a newspaper in the county where your principal place of business is located. Florida registers fictitious names state-wide through the Division of Corporations. You don't file proof of the advertisement. Instead, you certify that the notice ran when you sign your registration. Keep a copy of the published notice for your records in case questions come up later.
Georgia DBA Publication Requirements
In Georgia, you must publish notice of your trade name filing once a week for two weeks. The notice runs in the newspaper that prints the county sheriff's advertisements, often called the county's legal organ. You file the trade name registration with the clerk of the superior court in the county where your business mainly operates. Corporations using a name other than their corporate name file in the county of their legal domicile. The notice lists the names and addresses of everyone doing business under the trade name.
Illinois DBA Publication Requirements
In Illinois, individuals and general partnerships must publish their assumed name notice once a week for three consecutive weeks. The first notice must run within 15 days after you file with the county clerk. You then have 50 days from your filing date to file proof of publication with the county clerk. Without that proof, your assumed name certificate is void. Moving or adding a location in another county requires a new filing and a new round of publication. LLCs and corporations file assumed names with the Illinois Secretary of State, and those filings don't require newspaper publication.
Minnesota DBA Publication Requirements
In Minnesota, you must publish your assumed name certificate in a qualified newspaper for two successive issues after filing. You first file the certificate with the Minnesota Secretary of State. The notice then runs in the county where you have your principal or registered office. This requirement applies to individuals, partnerships, LLCs, and corporations. Minnesota also requires an annual renewal to keep the certificate active.
Nebraska DBA Publication Requirements
In Nebraska, you must publish your trade name registration once and file proof with the Secretary of State within 45 days. The notice runs in a newspaper of general circulation published in the city or village where your business is located. If that town has no newspaper, you can use one with general circulation in the county. If proof isn't filed on time, the Secretary of State cancels the registration. The rule applies to every type of business registering a trade name.
Pennsylvania DBA Publication Requirements
In Pennsylvania, you must publish notice of your fictitious name if an individual is listed as a party on the registration. This covers sole proprietors and any registration where at least one owner is a person rather than a company. The notice runs in two newspapers in the county of your principal place of business. One of them must be the county's designated legal newspaper, if the county has one. If only one newspaper of general circulation serves the county, one notice is enough. You may publish before or after filing, and you don't submit proof with the registration form. Registrations listing only business entities, such as an LLC, generally don't need to publish.
Common Mistakes With DBA Publication Requirements
The most common DBA publication mistakes are missing the proof deadline and assuming publication doesn't apply to your business type. These errors can lead to a voided or canceled registration, so they're worth checking before you file.
- Missing the proof-of-publication deadline: In Illinois and Nebraska, failing to file proof on time can void or cancel your registration.
- Assuming LLCs never publish: In California, Georgia, Minnesota, and Nebraska, the publication rule covers business entities too.
- Publishing in the wrong place: Each state ties the notice to a specific county, city, or newspaper type. A notice in the wrong paper may not count.
- Confusing DBA and LLC publication: New York and Arizona formation notices don't satisfy or create a DBA publication requirement.
- Forgetting to republish after changes: Moving to a new county in Illinois triggers a new publication. In California, changing your filing details can require a new statement.
Frequently Asked Questions
Do I need to publish my DBA in a newspaper?
You need to publish your DBA only if you register in one of the seven states that require it. Those states are California, Florida, Georgia, Illinois, Minnesota, Nebraska, and Pennsylvania. Even within those states, Illinois and Pennsylvania limit the requirement to certain business types.
Which states require DBA publication?
Seven states require DBA publication: California, Florida, Georgia, Illinois, Minnesota, Nebraska, and Pennsylvania. California, Illinois, and Nebraska also require you to file proof that the notice ran. The other states with DBA registries don't require newspaper publication for the DBA itself.
What happens if I don't publish my DBA?
Skipping a required DBA publication can void, cancel, or limit your registration, depending on your state. An Illinois assumed name certificate is void without proof of publication, and Nebraska cancels registrations without timely proof. In California, a business that doesn't comply can't bring a lawsuit under the fictitious name until it does.
Does an LLC need to publish its DBA?
An LLC needs to publish its DBA in California, Florida, Georgia, Minnesota, and Nebraska, where the rule covers all registrants. In Illinois, LLCs file assumed names with the Secretary of State and don't publish. In Pennsylvania, a registration listing only business entities generally doesn't require publication.
Do I file a DBA with the state or the county?
Whether you file a DBA with the state or the county depends on your state and often on your business type. Nearly half of all jurisdictions use a single state-wide office. Others use county or town clerks, and many states send sole proprietors to the county and LLCs or corporations to the state.
Start Your DBA Filing Today
Taking the first step toward operating under your chosen business name is easier than it looks. LegalNature's online DBA service helps you prepare your filing for the right state or local office. LegalNature offers the guidance to navigate the nuances of DBA registration across all 50 states, where available. LegalNature offers a 30-day money-back guarantee. If you're not happy, then we're not happy. Give us a call and let us help.