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When an LLC needs to register a DBA or assumed name

A DBA, or fictitious name, is a name a business uses that is different from its legal name. In Florida a person must register the fictitious name with the Division of Corporations before doing business under it, and the registration lasts five years. A registered entity that is active does not register its own legal name.

Last checked against the official sources listed on this page.

What counts as a fictitious name

Florida's Fictitious Name Act defines a fictitious name as any name under which a person transacts business in the state other than the person's legal name. The registration requirement applies when the name it does business under differs from the name on file (Fla. Stat. 865.09).

Who is exempt

An entity that is organized or registered and in active status with the Division of Corporations is not required to register its name, unless the name under which business is conducted differs from the name as registered or licensed. The same exemption covers certain licensed professionals and attorneys, again only for the name as licensed or registered.

What the registration has to include

The registration lists the name being registered, the mailing address of the business, and the name and address of each registrant. If the registrant is a business entity that had to file incorporation or similar documents in its home state, it must be registered and active with the Division, and it must give its Florida document number and its federal employer identification number if it has one. The registration must also include a certification that the intent to register the name was advertised at least once in a newspaper in the county where the principal place of business is or will be located.

How to register and what it costs

A fictitious name is registered with the Division of Corporations, online with a credit card or by mailing the fillable PDF form. Florida's fee schedule lists registration at $50.00, renewal at $50.00, and cancellation or reregistration at $50.00.

The term and renewal

A fictitious name registration is valid from the date of registration or reregistration through December 31 of the fifth calendar year, counting the registration year as the first. Renewal happens on or after January 1 and on or before December 31 of the expiration year, and each renewal continues the name for another five years. In the expiration year the Division notifies the registrant no later than September 1.

What registration does not do

Registration is for public notice only. It does not create a presumption of the registrant's right to own or use the name, and it does not affect trademark, service mark, trade name, or business entity name rights that others already hold. It also does not reserve the name against future use.

Related page on vermilionvitez.com: https://vermilionvitez.com/business-name-search

Official sources

FAQ

Does my LLC need a DBA to use a different name?

In Florida, if the name you do business under differs from your registered legal name, you must register it as a fictitious name before using it. An active registered entity does not register its own legal name.

How long does a Florida fictitious name last?

Five years from registration or reregistration, expiring December 31 of the fifth calendar year, and it can be renewed for additional five-year periods.

Does registering a fictitious name protect my brand?

No. Registration is for public notice only. It does not create rights to own or use the name and does not reserve it against future use.

What happens if I miss the renewal?

If a registrant does not renew and pay the fee on or before December 31 of the expiration year, the registration expires and the Division removes it from its records. Receiving no notice of expiration is not grounds to appeal the expiration.

This page is general information about how a filing works, taken from the official sources listed above. It is not legal, tax, or financial advice, and it does not recommend any business structure. Confirm current forms, fees, and deadlines on the official source before you file.

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