As a business owner, you might want to operate under a name other than your legal business name. In Tennessee, this process is facilitated by filing a DBA (Doing Business As) registration, which allows you to market your business under a different name while still using your legal structure.
If you are looking to file a DBA in Tennessee, this guide will walk you through the essential steps and answer your most pressing questions.
What Are DBA Filings and Why Do You Need Them?
It enables business owners to use a trade name, also known as an assumed name, to conduct business without forming a new legal entity. For example, if your LLC is registered as “Smith Enterprises LLC,” but you want to operate a coffee shop called “Smith’s Coffee Corner,” a DBA will allow you to legally use that name.
A DBA service is often the best way to manage your business’s name, especially if you’re expanding or diversifying your offerings under various names. The benefit of DBA filing is that it provides a simple way to keep your operations professional and compliant with state and local laws.
Who Needs to File a DBA in Tennessee?
In Tennessee, the need for a DBA depends on your business structure and your intentions with the business name.
- Sole Proprietors and Partnerships: If you’re a sole proprietor or a general partnership operating under a name other than your own personal name or the names of the partners, you must file a DBA with the local county clerk. For example, if you operate as “John’s Lawn Care” but your legal name is “John Smith,” you will need to register that name as a DBA.
- LLCs, Corporations, and Limited Partnerships: If you own an LLC, corporation, or a limited partnership (LP), and you wish to operate under a name different from your registered legal business name, you are also required to file a DBA. For instance, if your LLC is registered as “ABC Enterprises LLC” but you want to operate a store named “Tech Solutions,” you’ll need to file a DBA to use that trade name.
What a DBA Doesn’t Do
While filing a DBA is relatively straightforward, it’s important to understand its limitations:
- No Liability Protection: A DBA does not provide any liability protection. For liability protection, you need an LLC or corporation.
- Does Not Create a Separate Legal Entity: Your business entity remains the same even after registering a DBA. It simply allows you to operate under a different name.
- Does Not Grant Exclusive Rights to the Name: A DBA does not grant exclusive trademark rights to the name. To secure intellectual property rights, you would need to register the name as a trademark.
Tennessee DBA Name Rules and Restrictions
Tennessee has specific regulations for choosing a DBA name. When selecting a name, be sure to avoid the following:
- Names that mislead or imply an illegal activity.
- Names that imply an affiliation with governmental or charitable organizations, unless you have documented proof.
- Names that are already registered or in use by other businesses.
Before proceeding with the filing, it’s essential to check if your desired name is available. Tennessee requires that the name be unique and not in conflict with any existing business registered with the Secretary of State or local county office.
How to File a DBA in Tennessee
Here’s a step-by-step guide to filing a DBA in Tennessee:
Step 1: Search for Name Availability
First, conduct a business name search through the Tennessee Secretary of State’s website or local county records. This will ensure the name you want to use is available for registration. It’s crucial to make sure no one else is using the name to avoid legal complications.
Step 2: Determine Where to File
Where you file depends on the structure of your business.
- Corporations and LLCs: These businesses typically file with the Tennessee Secretary of State.
- Sole Proprietors and General Partnerships: These businesses file at the county clerk’s office in the county where they are doing business.
If you’re a sole proprietor conducting business in multiple counties, you may be required to file a DBA in each county where you operate.
Step 3: Complete the DBA Application
The next step is to complete the required application. For corporations and LLCs, you will file with the state, while sole proprietors will file with the county. Your application will ask for:
- The legal name of your business
- The name you wish to use (the DBA)
- Your business’s principal address
- The business entity type (LLC, corporation, etc.)
- A statement of intent to do business under that name
Step 4: Pay the Filing Fee
The filing fee in Tennessee can vary, depending on whether you’re filing with the state or with the county. It’s advisable to check with your local office to confirm the current filing fees. Some counties might also charge additional processing fees.
Step 5: Submit Your Application
After completing your application and paying the fee, you can submit it in person at the appropriate office, by mail, or, in some cases, online. Make sure to keep a copy of the submission for your records.
Does Tennessee Require Publication for a DBA?
Unlike some other states, Tennessee does not require that you publish your DBA in a local newspaper. This makes the process faster and more affordable for business owners. However, it’s always a good idea to verify with your county clerk’s office to make sure there are no specific local publication requirements.
How Long Does a DBA Last, and How Do You Renew It?
A DBA in Tennessee typically lasts for 5 years, but renewal periods can vary by county. It is your responsibility to track the renewal deadline, and failing to renew may result in losing the rights to your business name. The renewal process is similar to the initial filing, and you will likely need to pay a renewal fee.
Conclusion
Filing a DBA in Tennessee is a simple process that can help you operate under a more marketable name. Whether you are an LLC, corporation, or sole proprietor, registering a DBA is essential for compliance, branding, and financial operations. By following the steps outlined above, you can ensure that your business name is legally recognized and ready for growth.
If you’re unsure about the DBA filing process, DBA service providers like Swyft Filings can handle the paperwork and ensure everything is filed correctly, saving you time and ensuring your business remains compliant.
