Whether you are starting a limited liability company or other type of business, you may need to consider your business name as you proceed. The Pennsylvania Department of State will expect limited liability companies (LLCs), sole proprietors, or another business entity suffix to have a legal name, but what about the name you are doing business as (DBA)? 

Your business lawyer can guide you through the process of DBA registration if you need a DBA in Pennsylvania. These names, also known as fictitious business names, can be difficult to navigate, but our team can help ensure you are following state law for your company name.

Understanding DBA Registration in Pennsylvania

Before you file a Pennsylvania DBA, keep in mind that your fictitious name allows you to operate under more than your legal name. Your legal or proper name is technically the name of your business, but that may not be the name you want to do business under. In these cases, you may need to file a DBA in Pennsylvania to use different business names for corporations and charitable organizations. 

While filing a DBA name is not legally required, Pennsylvania requires you to follow the law when you register a DBA. This may be important to ensure that the right name for your business is valid on certain assets, including your business bank account.

How a DBA Works for a Limited Liability Company 

When filing a DBA for an LLC and other businesses, business structures can impact your business's legal name. Under Pennsylvania law, a sole proprietor defaults to their individual, personal name, but this is not the case for an LLC.

When you file an LLC, your business will legally be the specific name you file under. However, if you would like to operate under a new name, such as one that removes your business entity’s suffix, you can file a fictitious name form with the Pennsylvania Department of State as a business owner to file a DBA.

Why Would I Need a DBA? 

Filing fictitious business names can help your legal business and protect customers. If you are using an unregistered DBA, you may find that contracts may be unenforceable in Pennsylvania court. Keeping your business’s legal name and a Pennsylvania DBA name can help protect your business as a legal entity and provide certain legal protections. 

Likewise, using a DBA can help consumers identify new businesses under your desired name or an assumed name, rather than using your legal name. This can also make other business decisions easier for your company.

Legal Consequences of Not Registering a DBA with the Pennsylvania Department of State 

Whether you have sole proprietorships, charitable organizations, or other business ventures, fictitious names can help your Pennsylvania business stay in good legal standing. While Pennsylvania does not require a trade name, working under an unregistered DBA name can make contracts unenforceable, and can even lead to fines of up to $500 and courts not recognizing your business. 

Taking steps now can help you meet advertising requirements, protect your assets, and ensure that your business structure is sound.

Benefits of Registering a DBA Business Name in Pennsylvania

When reviewing the publishing requirements for your DBA, you may be unsure whether a Pennsylvania fictitious name is worthwhile. Fortunately, there are many benefits beyond staying in good standing with the state bureau. Reach out if you need help understanding the registration process and what it can do for you.

Ease in Opening Bank Accounts

New businesses and existing parties can protect their business and personal assets with a DBA. Working under a DBA can help you more easily open a bank account using your business address and other identifying information. Being able to open a bank account can help you keep your business records separate from your personal life.

Conducting Business Matters

Whether you have a general partnership or are running your business on your own, business matters for any type of business structure may be easier when you have a DBA. This tool can be vital for writing valid contracts, maintaining business relationships, and ensuring that your business continues moving forward.

Avoiding Penalties 

Certain risks and penalties can occur if you do not file online or in person for your DBA. If you do not register your DBA, you may be vulnerable to certain penalties that can impact your business's ability to stay afloat.

Steps to Set Up a DBA in Pennsylvania

Your first step in setting up a DBA is to research whether your fictitious name is taken. Once you find an appropriate name, you can then begin the registration process, including a filing fee, and a form with your information. That includes the name, a brief statement or brief description of your business, your principal place of business, mailing address, and website address, among other information. 

You will then need to publish a notice in a legal newspaper. However, you cannot publish in only one newspaper. Pennsylvania requires publication in at least two county newspapers for legal notice. Keep in mind that this requirement is only for a sole proprietorship or general partnership, rather than other legal entities like joint stock companies.

Consultation with Business Law Attorneys

While Pennsylvania law does not require you to use a DBA, filing one can be a huge benefit to your company. However, the process can be a little complex, and you may not have the resources or knowledge for the research and information gathering needed when choosing a DBA alone. 

Business law attorneys offer consultations for just these situations. If you are preparing to file your DBA designations, reach out for assistance and legal advice from professionals who have experience in this field.

File Your DBA with a Lawyer

Finally, a DBA can have major benefits to your business, and lacking one can potentially leave your business open to legal penalties. However, DBA registration can be a tricky process. 

The legal team at Very Law is here to help. When you need experience, professional attention, and a track record of success on your side, consult our team by calling us or filling out our online contact form.