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ALABAMA STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.
A DBA must be currently in use before registration. Denial of application does not prevent ones use of a DBA, but one must not use a DBA fraudulently and must take personal responsibility not to infringe on other DBAs. If there is a previous owner of the same DBA then he/she must give written consent, and the parties must identify by affidavit their respective separate geographic markets and state that neither plans to expand into the other's market.
There are certain things that are necessary when filing a DBA with the Secretary of State. The name and business address of the person applying is necessary, and if it is a partnership, all of the partners names must be included. The state of incorporation is also required for corporations. A description of the business must be included, along with how the DBA is used in connection with the business. If you were granted a Federal Registration, a copy of this must also be included. For business classification purposes, you must choose one of the following categories:
Other requirements include the date when the DBA was first used anywhere and the date when it was first used in Alabama. A statement that the applicant is the owner of the DBA and that no other person in the state has the right to use the DBA or one resembling the DBA which could be mistaken for the applicant's must also be included.
- Agriculture, forestry, fisheries
- Manufacturing-nondurable good
- Manufacturing-durable goods
- Transportation-communication and other public utilities
- Wholesale trade-nondurable goods
- Wholesale trade-durable goods
- Retail trade-lumber and building material, hardware, nurseries and garden stores, mobile home dealers
- Retail trade-department, variety miscellaneous general merchandise, grocery, dairy products, retail bakery and food stores
- Retail trade-motor vehicle dealers, auto and home supply stores, gasoline service stations, miscellaneous vehicle dealers
- Retail trade-apparel, accessory and shoe stores
- Retail trade-furniture, home furnishings, household appliances, T.V. and radio stations
- Retail trade-eating and drinking places, drug stores, liquor stores
- Retail trade-sporting goods, bicycles and hobby stores
- Retail trade-book, stationery, jewelry, sewing, needlework and piece-good stores
- Retail trade-mail order house, vending machine operators and direct selling establishments, fuel and ice dealers and retail florists
- Retail trade-miscellaneous, sales, barns and pet shops
- Finance, insurance, real estate
- Business and repair services
- Personal services
- Entertainment and recreation services-pageants, sports, promoting
- Professional and related services-physicians trade associations and education
- Public administration
There are also some continuing obligations associated with filing a DBA in Alabama. One must re-file the DBA every ten (10) years for an additional fee. The Secretary of State will send a renewal notice during the year when the registration expires by writing to the last known address. All applications for renewal must include a statement that the DBA is still being used in the state.