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Virginia keeps DBAs in one place for most businesses. The State Corporation Commission's Clerk's Office takes certificates of assumed or fictitious names, and the Commission's fictitious names FAQ says it is the central filing office. The FAQ also lists the terms the state treats as the same thing: assumed name, trading as, doing business as and also known as.
Who files and which form do they use?
Sole proprietorships, general partnerships and trusts can file, as can businesses already on the Commission's records. The form depends on who runs the business:
- A business on the Commission's records, such as an LLC: Certificate of Assumed or Fictitious Name, Business Conducted by an Entity.
- An individual: Certificate of Assumed or Fictitious Name, Business Conducted by an Individual.
You can file online through the Commission's Clerk's Information System (CIS) or send a paper form. Our Virginia LLC guide covers forming the entity first.
What does it cost?
The filing fee is $10. A Certificate of Fact of Fictitious Name, requested in writing from the Clerk's Office, costs $6. Filing a certificate of release also costs $10. After you file, the Commission issues a Fictitious Name receipt. A certified copy of the receipt can be ordered through CIS.
How is the name linked to your business?
If your business is on file with the Commission, CIS links the fictitious name to it. If the name is not tied to a business on record, such as a sole proprietorship, the name is linked to the person who applied for the certificate.
What should you have ready?
The exact legal name of the business, the fictitious name you want to use and the owner details. File online if you can, since CIS then links the record for you. Keep the receipt with your company records so a bank or landlord can see which name belongs to which business.
Do the name rules apply?
Far fewer rules apply than for an LLC name. A fictitious name does not have to be unique, and it carries no wording restrictions. The Commission cannot decide who has the right to use a fictitious name. If two names conflict, it tells you to speak to an attorney. The name in a filing therefore gives you public notice, not exclusive use. Use our LLC name search guide for your entity name.
What if you skip the filing?
The FAQ names two consequences. You could be convicted of a misdemeanor, with a fine of up to $2,500, jail time or both. And you may not maintain an action in any court of the Commonwealth. Both come from using a fictitious name without making the required filing.
How do you end one, and where do you search?
To release a name filed with the Commission, file a certificate of release in the Clerk's Office, online or on paper. A name on file with a circuit court is released at the circuit court clerk with a separate form, and the Commission says that filing is not available online.
The page we read does not describe a search made only for fictitious names. Because CIS links names to businesses on file, start in CIS, and use our DBA search guide to cross-check. Neighboring Maryland handles this another way, as Maryland DBA shows. For the general steps see how to file a DBA, and for the choice of structure read DBA vs LLC.
Tax registration and local licensing are in the Virginia business license guide. This page does not cover circuit court clerk fees, city rules or federal trademarks.