Written past: Robert DiCuccio, Esq.

What is a DBA?

In concern, DBA means "Doing Business organization Equally."  A DBA allows an individual person to carry business under a name other than their legal name.  In addition, a DBA allows a company to conduct business organisation under a name besides its registered business organisation proper name.  By allowing businesses to operate under a DBA, it allows the business to use a name that reflects its brand and marketing.  While helpful to market the concern, a DBA does not offer legal protections in the same mode that registering the business every bit an LLC might.  Registering a DBA simply allows a visitor to use a unlike proper name than was originally assigned when they registered as an entity.  Although a DBA does not provide the aforementioned legal protections as an LLC, for example, registering as a DBA is required to ensure that you or your business are compliant with state police force.

How Do I Know if I Need a DBA?

You must register for a DBA under several circumstances.  The principal question is whether the person or company is conducting business under the person's true legal or registered company name.  A company conducting business organization under a name other than the company name registered with the Ohio Secretary of State must file a DBA to be compliant with state laws.  If your business is using a fictitious name for your marketing, contracts, websites, labeling, or any other public displays of your visitor proper name, your visitor must annals for a DBA.  If your visitor operates in states outside of Ohio, contact each state's Secretarial assistant of State'south office for state-specific DBA requirements.

For example, John Doe wants to open up a sandwich shop operating as an LLC, and registers the business as "John's Sandwiches, LLC."  John doesn't desire the signage or the advertising material or the napkins to say "John'southward Sandwiches, LLC," so the company registers "John's Sandwich Store" or "Johnny's Subs" as DBA's.  This allows the business concern to employ a more marketable name, as opposed to the full legal proper noun which is registered with the Secretary of State.

How Do I Register a DBA in Ohio?

In Ohio, registering equally a DBA is uncomplicated and inexpensive.  A registrant pays a $39 fee and submits the necessary forms through the Ohio Secretary of State's website.  Before registering your DBA, verify on the Ohio Secretary of State website that your requested DBA is non already in use by another person or company.  Information technology is of import to think that if you lot are doing business in states other than Ohio, you should annals your DBA in each other state.

What happens if I fail to annals a DBA?

R.C. §1329.10(B) explains some of the consequences for failing to register a DBA.  R.C. §1329.x(B) provides that:

"No person doing business nether a trade name or fictitious name shall commence or maintain an activity in the merchandise name or fictitious name in any court in this state or on account of any contracts made or transactions had in the trade proper name or fictitious name until it has starting time complied with section 1329.01 of the Revised Code and, if the person is a partnership, it has complied with section 1777.02 of the Revised Code, simply upon compliance, such an action may be commenced or maintained on whatever contracts and transactions entered into prior to compliance."

Substantially, if you neglect to register your DBA, you likely cannot file a lawsuit to recover whatsoever debts owed to the business, the business likely cannot file a lawsuit to recover for alienation of contract, and if you are sued, y'all probable cannot raise any counterclaims on behalf of the business.  Some states may impose harsh budgetary penalties for conducting business under a proper noun of which at that place is no registered DBA.

Do you need help with registering a DBA or have questions about the legal implications regarding your DBA? Contact the attorneys at Katz, Pryor & DiCuccio, LLP today for a consultation.