If you want to do business under a different business name in Georgia, you'll need to file for a DBA, or "doing business as." This comprehensive guide explains Georgia's unique county-by-county DBA filing system, requirements, costs, and procedures to help you navigate the process successfully.
What is a DBA in Georgia?
A DBA (also sometimes called a trade name or fictitious name) is a designation that allows businesses to operate under a name different from their original legal name. In Georgia, this process is governed by county-level regulations rather than state law.
For sole proprietorships and general partnerships, a DBA allows registration of a name different from the proprietor's or partners' names. For corporations, LLCs, and similar entities, it means operating under a name different from the one chosen at formation.
Filing for a DBA does not create a new legal entity or provide liability protection. It merely allows you to do things like market your business, open a bank account, and perform essential tasks under a name that’s different from your legal entity name.
How do I file a DBA in Georgia?
Georgia is one of the states in which DBA designation procedures vary from county to county, making it essential to understand your specific county's requirements. The process is handled by the County Superior Court Clerk's Office for the county in which your business seeks to operate, not at the state level.
Step 1: Choose your DBA name and check availability in your county
Before filing, you must conduct a DBA name search to determine whether your proposed DBA name is already in use in your specific county. If the name is in use, you won't usually be able to register it. The search can typically be done at the county clerk's office.
Some counties may have restrictions on DBA names, such as prohibiting the use of "company," "limited," or other corporate designators.
Step 2: Confirm the filing requirements at your county clerk's office
Contact your County Superior Court Clerk's Office to confirm what the required forms and documentation are in your specific county. You should also inquire about fees and accepted payment methods.
You can find your county clerk using the Georgia Association of Clerks of Superior Court directory.
Step 3: Complete the DBA application form
Most Georgia counties require similar information, though forms may vary. Typically, you’ll be asked to provide:
- The name of the person or company filing for the DBA
- The principal place of business of the entity filing for the DBA
- The trade name you want to register
Step 4: Publish a notice in a local newspaper
All counties in Georgia require you to publish notice of your proposed trade name in a local newspaper, once a week for two consecutive weeks. You'll receive a certificate from the newspaper proving you've properly run the notice, which may need to be submitted with your filing.
Step 5: Pay the filing and publication fees
Filing fees vary significantly by county, typically ranging from $150 to $200. Publication costs can add $50 to $150 to your total expenses. Payment methods vary by county but commonly include certified checks, money orders, cash, and credit cards.
Step 6: Obtain proof of filing and publication
Once your DBA is approved, you'll receive official documentation from the county clerk. Keep this documentation safe, as you'll need it to open business bank accounts, enter into contracts under your DBA name, and obtain business licenses or permits.
Why choose LegalZoom to help file your DBA
If you're ready to file a DBA, LegalZoom can help you navigate Georgia's county-specific requirements and handle the paperwork efficiently. We can help you file the necessary documents with your county and connect you with an attorney or tax professional to answer specific questions about your business needs.
FAQs about Georgia DBAs
Can I have multiple DBAs under one LLC in Georgia?
Yes, a single LLC can register multiple DBAs in Georgia. Each DBA requires a separate filing and fee payment to your county clerk.
Do DBAs in Georgia need to be renewed?
No, while some states require a DBA to be renewed at a regular cadence (e.g. every 5 years), Georgia does not.
Does a DBA provide liability protection?
No, a DBA does not provide any liability protection. It's simply a name registration that allows you to conduct business under an assumed name while maintaining your existing legal structure.
Is a DBA the same as a trademark?
No, a DBA is a local business name registration, while a trademark provides intellectual property protection for names, logos, and brands at the federal level.
How long does it take to process a DBA filing in Georgia?
Processing times vary by county, typically ranging from same-day to 2–3 weeks. Counties requiring newspaper publication may take longer due to the publication period requirement.
What happens if I don't register my DBA?
If you don’t register your DBA, you could encounter legal penalties from your county. Additionally, you may have difficulty with contracts and licensing, and banks may not allow you to open an account under that name.
Sam Eichner contributed to this article.
