A DBA (“doing business as”) refers to a name that a business uses that is different from its legal name. A business’ legal name is either the owner’s legal name (for a sole proprietorship) or the name it registered under (for an LLC or corporation).
An Arkansas DBA allows your company to do things like expand into different markets, establish a local identity such as a social media presence, and open a business bank account. To apply for one, file an “application for fictitious name” with the Secretary of State (SOS). Then, file your approved application with your local county clerk. Sole proprietorships file only with the county clerk.
Here’s what you need to know.
What is a DBA in Arkansas?
An Arkansas DBA is typically known as a fictitious name, though the terminology may differ by county (you may also see it called a “trade name”). Arkansas law requires businesses to register any fictitious name with the SOS and the county clerk where they have their registered office. The only exception to this is if your registered office is in Pulaski county, you only need to file at the state level.
Here are some things you can do with an Arkansas fictitious name:
- Branch out into other markets without registering a separate entity
- Open a business bank account under your trade name
- Market your business under this new name
Here are some things you can’t do with and Arkansas fictitious name:
- Obtain exclusive rights to use that name in Arkansas
- Prevent another business from registering a legal entity under your fictitious name
- Change your tax status
While the use of a fictitious name does give you the right to take action against a company that later tries to register and operate under the same name, you should always consult with an attorney first to make sure you have a case.
How to file a DBA in Arkansas step-by-step
To register an Arkansas DBA, file an application with the Secretary of State and/or local county clerk. You can have us file for you or complete the application yourself. Here’s what you need to do if you apply on your own.
Step 1: Make sure the name is available
No matter what type of business you have, its fictitious name must be different from the names of other registered businesses in Arkansas. This helps to prevent confusion in the marketplace and has the added benefit of allowing your brand to stand out.
Conduct an Arkansas business entity search through the SOS website, and compare your desired name to the businesses that currently exist. Then, check that it also meets Arkansas name requirements:
- Names can’t be identical or confusingly similar to existing registered businesses.
- Certain words, such as “bank,” "engineer," or “medical” require special approval.
- Names can’t imply governmental affiliation (without proper authorization) or unlawful activity.
Step 2: Fill out the fictitious name application
Now you’re ready to register. If your business is an LLC, corporation, or limited partnership, fill out an “application for fictitious name” (Form DN-18/F-18) with the SOS. Here’s what to include:
- Type of entity (Is it an LLC, partnership, or corporation?)
- Fictitious name
- Business purpose
- Legal name (of the business)
- Formation (or qualification) date
- State of registration (if not Arkansas)
- Registered agent’s office address
- Name, address, and signature of the officer in your business who is authorizing the fictitious name
If your business is a sole proprietorship, go to your local county clerk’s website and search for their fictitious name or DBA application form. Some counties like Jefferson and Pulaski use the term DBA rather than “fictitious name.” The required information is generally the same:
- Fictitious name
- Business address
- Your name and address
- Notary public acknowledgement and signature
Step 3: Submit the application and pay the filing fee
Here are the filing fees by business structure:
- Corporation: $22.50 (online) $25 (by mail)
- LLC: $22.50 (online) $25 (by mail)
- Partnership: $15 (mail only)
Depending on your entity type, you can submit the application online or file by mail to the following address:
Secretary of State's Office
Business Services Division
Victory Building
1401 W. Capitol Avenue, Suite 250
Little Rock, AR 72201
For sole proprietorships, the filing fee differs by county but is typically around $25. Many counties also require you to have the DBA application notarized. You can often do this at the county clerk’s office for an additional fee.
Step 4: File the approved application with your county clerk
Businesses that file with the SOS will receive a copy of the approved fictitious name application. Hold onto it, because you’ll need to file it again with your registered office’s local county clerk (unless it’s in Pulaski County). Sole proprietorships have already completed this step.
How to change or cancel an Arkansas DBA
Businesses aren’t stagnant entities. Circumstances change, and you may need to cancel or amend your DBA in Arkansas.
Cancel or withdraw a DBA
To cancel your fictitious name, file a cancellation form with the Arkansas Secretary of State. You can only submit this form by mail. The filing fee is the same as the original DBA application, $25 for LLCs and corporations, $15 for partnerships.
If you stop doing business in Arkansas—whether your business dissolves or gives up its right to operate in the state—you must submit this form to cancel your DBA.
Amend a DBA
The Secretary of State doesn’t have a specific amendment form for an Arkansas DBA, which means you’ll need to file a cancellation form before applying for a new fictitious name. However, the SOS does provide a form that allows you to transfer the DBA to another entity.
How LegalZoom can help with your Arkansas DBA
LegalZoom can help you register your Arkansas DBA online. Here’s what our service includes:
- Preliminary name search through Arkansas’ databases to verify that the name you choose is unique and meets state requirements
- Form preparation and filing with the SOS and relevant county clerk
- Customizable website to help you market your new brand
Our premium package also includes one month of unlimited 30-minute consultations with a business attorney for everything from document review to legal advice on next steps for your business.
LegalZoom’s DBA filing service blends seamlessly with our additional services for expanding businesses, such as entity conversion, trademark registration, and a registered office based in Rogers. Our expertise in business formation ensures your DBA gets filed efficiently and meets state requirements.
100% Accurate Filing Guarantee
100% Accurate Filing Guarantee
We're committed to the highest quality and accuracy. If your filing is rejected or incorrect
due to our error, we'll correct it with the government agency at no additional cost to you.
We're committed to the highest quality and accuracy. If your filing is rejected or incorrect due to our error, we'll correct it with the government agency at no additional cost to you.
FAQs about Arkansas DBAs
Do I file my fictitious name with the Secretary of State or county clerk?
Generally, corporations, LLCs, and partnerships file with both the Arkansas Secretary of State and their registered office’s local county clerk, while sole proprietors only file with the county clerk where they conduct business.
However, businesses with registered offices in Pulaski County don’t need to file at the county level if they’ve already filed at the state level.
How much does it cost to file a DBA in Arkansas?
A DBA in Arkansas can cost anywhere from around $15 to $30 depending on your business type and location.
Can I file my Arkansas DBA online?
If your business is a corporation or LLC, you can file online through the Arkansas Secretary of State's electronic filing system. However, partnerships and county filings may require in-person or mail submissions.
Does a DBA protect my business name?
No, a DBA doesn’t prevent other businesses from using the name in Arkansas. Consider trademark registration for broader name protection.
How do I renew or cancel my Arkansas DBA?
DBAs in Arkansas don’t have an expiration date, so you’ll never have to renew. You can cancel the DBA by filing a cancellation of fictitious name form with the Secretary of State.
What proof do I get after filing?
You'll receive a certificate or confirmation document from the Arkansas Secretary of State and/or county clerk, which serves as proof of your legal right to use the fictitious name.
Sam Eichner contributed to this article.
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