Fictitious Name (DBA) Questions
What is a fictitious name and why would I need to file one?
A Fictitious name, DBA, Doing Business As or Trade name is filed with the Division of Corporations if you will be doing business as another name than your corporation, LLC, partnership or person name. So if you had a corporation with the name of ABC Services, Inc, but you wanted to conduct business and advertise as ABC Toys, you would file a fictitious name of ABC Toys.
The same goes if you are a sole proprietor and you are planning on doing business as a name other than your first and last name. So for instance, your name is John Smith and you are going to be selling hand made candle and want to market yourself as "The Candle Maker" then you would file for a fictitious name with the Division of Corporations that you, John Smith will be doing business as The Candle Maker.
Do I have rights to this name or can any one else do business with the same name?
A Fictitious name is only a filing to say you are doing business as that name. You do not have any "hold" on the name, like you might have with a corporation name, or a trade marked name. This also means that there may be other people with the same name, so it is worth checking to see if you have created a duplicate of another company in your area. It is also up to you to do your do diligence to make sure you are not using a trademarked or copywrited name.
Are there any rules to fictitious names selection?
Make sure the name you are filing is spelled correctly. Only one name can be applied for at a time, so please list only one name. A fictitious name cannot have the words "Corporation", "Incorporated", "Inc.", "Corp", "LLC", or "Limited Liability Company" unless the business for which the name is registered is incorporated or has obtained a certificate of authority to transact business in this state. (Florida Statue 607 and 617)
Do I have to use the same mailing address as my Company address for the registration?
You can use a different mailing address than the company address when registering the fictitious name. It can be a PO Box or it can be an out of state address, even. Just be sure to have a complete address to include the suite or apartment number. This is the address the Division of Corporations will mail all correspondence to you regarding your Fictitious name.
What information is required if I have a corporation or an LLC?
Make sure the name you are filing is spelled correctly and that you include the suite or apartment number of you address if there is one. Be sure to include the Florida Document number of your corporation or LLC if you have a corporation or LLC. This number can be found on the Articles you were given when you incorporated. If you cannot find those, please call our office and we will find this for you.
Can I change the mailing address of my DBA after I have filed?
Yes, you can the mailing address by emailing the Florida Department of State - Division of Corporations at email@example.com.
You cannot change the information on the owners, however.
What is a business license or occupational license and where do I get one?
- A business or occupational license is issued yearly by the county government. Most but not all counties in Florida require that you register you new business with them.
- The costs depend on the county, the type of business and your company's impact on the county itself.
- Please contact your local county once you have all your corporation documents to find out where you will need to go to get this license.
- List of Florida counties: http://www.stateofflorida.com/Portal/DesktopDefault.aspx?tabid=35
How do I get a resale certificate or a Florida Tax ID number from the Florida Department of Revenue?
Please Note: this site is for new Fictitious Name Filings only. If you are renewing, please call our office for instructions.