What Is a DBA (Doing Business As)?
DBA is an acronym that stands for "Doing Business As." It's a legal filing that allows you to operate your business under a name that is different from your given name (if you're a sole proprietor) or different from the name you registered (if you have a legal business entity).
In Georgia, you'll most often hear this referred to as a "trade name," but you may also see it called a "fictitious business name." All of these monikers mean the same thing, and all of them can help you if you ever find yourself in need of a different business name.
There is one important caveat that comes with DBAs — they are NOT legal business entities or business structures, and they do not offer the legal liability protection of LLCs or corporations. You can register for a DBA with or without a business structure in place, but it will not provide the same benefits. You may want to explore starting a Georgia LLC before you make a decision.
Do I Need a DBA in Georgia?
You may need a DBA in Georgia in certain scenarios, but DBAs aren't required unless you plan to operate under a different name than your legal given name or your registered business name.
In many states, DBAs are filed with the Secretary of State and cover the entire state in which you're operating your business. It's a bit different in Georgia, where County Clerks are in charge of issuing DBAs. That means you'll need to go to your County Clerk when you're ready to file.
In Georgia, you cannot operate under a different name for more than 30 days. If you do, you may face legal repercussions, which could include fines or even the dissolution of your business. So if you plan to use a name that isn't your legal name or registered name, you'll need to act quickly if you want to stay in business and be compliant.
Learn more about starting a business in Georgia and how to get a business license in Georgia on our blog.
How to Register Your Business as a DBA in Georgia
If you decide a DBA is right for you, you'll need to make things legal and get your DBA filed as soon as possible. You can follow the four steps below to secure your Georgia DBA:
1. Check Your Business Name Availability
Be sure your business name isn't already in use by another business in the state. Georgia is a bit different because everything happens at the county level. That means you need to clarify that your name is available in the county in which you're operating your business.
In Georgia, no matter which county you're in, your trade name must be considered "distinguishable" from any other similar business. That means you can't simply use a different spelling of a competitor's brand name, change the punctuation, or add "The" or "A" to the name. The DBA name needs to completely stand on its own. There are also many restricted words in Georgia, so be sure your name doesn't include any words related to the insurance, banking, or education fields. Check out the state's complete list of naming regulations.
One way to be sure is to use a Business Name Search tool like Bizee's. Simply search for your prospective trade name, and we'll let you know if it's available in your area.
2. Collect Your Business Info
When filing a DBA or trade name in Georgia, you'll need to gather up the following relevant information on your business:
A statement on the nature of your business or any pre-existing business names
The trade name for which you wish to register
The names and addresses of all business owners or members
Notarized signatures from all business owners or members
Trade name application, which you'll get from your Clerk's Office
Payment information for the trade name registration fee and publication fee
Once you've got all this information together, you're ready to make your DBA official.
3. File in Your County
Check your County Clerk office to find out where and how you need to file. The website capabilities vary greatly between counties, so it's best to call and find out exactly where to receive and file your application.
You will be required to pay a fee, which is also determined by the county in which you're filing. Typically, registration fees range from $150-$200, but there may be other fees to consider when requesting copies of your application paperwork, notarizing signatures, or publishing your notification, which we'll dive into next.
4. Notify the Public
Any business filing a DBA in Georgia is required to publish a notice in a local newspaper once a week for two weeks before legally using the new name. You cannot choose any local paper — it must be the one your sheriff's office uses to publish legal notices.
In some cases, the County Clerk will charge you a fee and handle the publication for you, but in others, you'll need to do it yourself. In that case, make sure you submit payment on your own and request a Publisher's Affidavit so you've got proof of publication.
According to Georgia's state government, it typically takes a few weeks to process and approve trade name applications, but this also varies from county to county. The good news is that once your name is approved, you won't need to renew it. If you do ever decide to change the name, you can make an amendment by filling out the application form again and paying the fee as you did the first time.