Forming a limited liability company requires that a state LLC filing be made with the state agency responsible for regulating legal entities. One important requirement is that the proposed name for an LLC be available for use as an LLC name in that state.

When you submit an LLC filing, the state will review and make a decision on your proposed name. Generally it cannot be the same as or similar to another legal entity name registered with the state.

A DBA name filing, also known as doing business as name filing, is made at the local level. This is the county or city/municipality where the business is located.

Each locality has its own set of rules on when a name must be registered with the locality. In most cases, if the LLC is going to use the same name to promote its business as its state LLC name, a locality will not require a DBA filing. However, check with your particular locality to be sure.

If an LLC is going to use other business names in the promotion of its business, the LLC, after it is formed, should submit a DBA name filing application in its locality. An LLC may do this when it has several businesses under one LLC, several divisions or wants to associate a DBA with certain products or services.

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Filed under: General LLC Information

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