If you own a company in Michigan and you want to do business using a name that’s different from the original name used to form your business, you’ll likely need to register the name as a DBA or “doing business as.” But the process for filing a DBA can be different from state to state, and may also differ slightly depending on what type of business you own.
What is a Michigan DBA?
A DBA is a name you give your business that is separate from its registered name. Using a different name for your business can be beneficial for a number of reasons, but it’s particularly useful for sole proprietors who want to operate using a name that’s separate from their legal name. DBAs may also be referred to as a fictitious business name, assumed name, or trade name.
Who needs to file a DBA in Michigan?
Any business owner must file a DBA if they plan to do business under a different name than the one they first filed when registering their business. However, the requirements differ slightly depending on what type of business entity you operate. Corporations, limited liability companies (LLCs), limited partnerships, and nonprofits owned by corporations must file at the state level, while sole proprietorships and general partnerships file at the county level.
What are the benefits of having a DBA in Michigan?
DBAs offer a number of benefits to business owners.
Privacy
Using a name other than your personal name for your business can help put some separation between your business and personal life. Similar to the way some authors write books under a pen name, conducting business under an assumed business name allows you to retain some level of anonymity in your business dealings.
Increased credibility
Having a DBA can help give credibility to your business in certain situations. For example, if you own a small business and you want to open a business bank account or apply for a business loan, the issuing financial institution may ask for documentation that proves the legitimacy of your business. Having a record of your DBA registration could be helpful in this type of situation.
Easier branding and marketing
Some sole proprietors—such as real estate agents or CPAs—work in industries where building personal relationships with clients is paramount to their success. And for these people, building a brand under their personal name may work just fine. But other business owners may find it more challenging to market creatively under their given name and will want the opportunity to operate under a name that’s more marketable. “Casey’s Custom Cakes,” for example, has a better ring to it than “Casey Jones, expert baker.” Filing a DBA gives you more freedom to market under a name that fits your brand.
Michigan DBA requirements
To file your DBA in Michigan, you’ll need to fill out a certificate of assumed name and file it with the correct agency, depending on your business type. Most agencies will also require a fee to file, though the exact cost will vary by county.
Regardless of whether you file at the state or county level, all DBAs in Michigan must be renewed every five years.
Before you can file, however, you’ll need to ensure that your desired assumed business name isn’t already taken by another business in Michigan. Using the same name as a business that is already registered isn’t allowed in Michigan and can also put you in danger of trademark infringement. To check if your preferred name is available, you can do a business name search through the Michigan Department of Licensing and Regulatory Affairs (LARA).
Corporations, LLCs, and LLPs should also keep in mind that there are specific naming requirements for those business entities under state law. For example, corporate names for domestic corporations must contain the word “corporation,” “company,” “incorporated,” or “limited,” or contain an abbreviation like corp., co., inc., or ltd.
How to file a Michigan DBA
In Michigan, getting a DBA for your business takes only three simple steps.
Step 1: Determine where you need to file
Corporations, LLCs, and limited partnerships file their DBA paperwork with the Michigan Department of Licensing and Regulatory Affairs (LARA), while sole proprietorships and general partnerships will file their DBA with the county clerk in any county where they plan to do business.
Step 2: Fill out the form
To register your DBA name, you’ll need to download and fill out a certificate of assumed name. If you own a corporation, LLC, or limited partnership, you’ll need to include the business ID number first assigned to you by the Michigan Corporations, Securities & Commercial Licensing Bureau when you registered your business. The certificate must also be signed by an authorized officer or registered agent (for corporations), a general partner (for limited partnerships), or a manager or authorized agent (for LLCs).
Sole proprietors and general partners can obtain a certificate of assumed name form from the county clerk’s office in the county where they plan to operate. County-level DBA forms must be signed by a notary public.
Step 3: Submit and pay the DBA filing fee
To file a certificate of assumed name through the state department, you can mail your form, along with a check or money order, to the corporations division of the Michigan Department of Licensing and Regulatory Affairs, Corporations, Securities & Commercial Licensing Bureau. Or, you can visit the Lansing office to file and pay in person. If you prefer to file online, you can create an account and submit your certificate of assumed name using the LARA online filing system.
The filing fee for a corporation or limited partnership is $10, while the fee for a limited liability company is $25.
Assumed name forms for sole proprietors and general partnerships should be filed with the county clerk’s office. The availability of online services for these offices may vary, so business owners should plan to file by mail or in person.
The fees for assumed name filings vary depending on the county, but typically fall within the $10–$20 range. For example, the cost to file in Barry County is $10, while the cost to file in Branch County is $16. These fees usually include at least two certified copies of your assumed name certificate.
Why should you use LegalZoom to get a DBA in Michigan?
Though filing a DBA is a relatively straightforward process, there are a few benefits to enlisting the help of an online legal service like LegalZoom. Our thorough name search process will help ensure your desired assumed name isn’t already taken, which can save you from a potential trademark issue down the road. And, we’ll take care of all the relevant paperwork for you, so you can have peace of mind that your DBA has been filed the right way, the first time.
FAQs
How long does it take to register a DBA in Michigan?
The time it takes to register your assumed business name will depend on a few factors, such as whether you file in person, online, or by mail and how long it takes the office to process your application.
Generally speaking, you should plan for a few weeks to complete the filing process. If you need your assumed name certificate faster, you may be able to pay for expedited processing.
Do you need to renew a DBA in Michigan?
Yes, assumed names in Michigan need to be renewed every five years. The renewal fee varies depending on your business structure, but it is the same as your original filing fee.
What happens if you don’t register a DBA name?
Anyone conducting business under a name that is different from their legal business name must file an assumed name certificate with the state or county. Failing to register your DBA could result in penalties or even legal consequences in the event that you try to do business using a company name that’s already taken by another legal business entity. To avoid any financial or legal consequences, you should make sure you register your fictitious name before you use it to conduct business.
What is the difference between a DBA and an LLC?
Some business owners who want to change their business name may opt to form an LLC rather than file a DBA. However, there are a few differences between DBAs and LLCs that may influence your decision.
A DBA is a relatively simple, inexpensive way to operate using the company name you want. However it’s important to note that a DBA doesn’t carry the same liability protections as an LLC.
Forming an LLC can help protect your personal assets in the event that your company is involved in a legal dispute. And, LLCs also have some tax advantages that you wouldn’t be able to take advantage of if you opt to file a DBA. That said, forming an LLC does require a bit more paperwork and effort, so if you are simply looking for an easy way to do business under your preferred name, a DBA could be a more straightforward option.
Can you cancel a DBA in Michigan?
If you wish to discontinue doing business under your Michigan assumed name, you’ll need to file a certificate of termination of assumed name, either through the state or with the county clerk’s office where your DBA was originally filed. Just be aware that continuing to conduct business under assumed names once they've been terminated can put business owners at risk if a new business forms using their old company name.
Sam Eichner contributed to this story.