What is a DBA?
If a business wants to do business with a name that is different from the name used to form the business, it must file the new name (called a trade name). This is often called filing for a DBA, or doing business as. For example, if “Frank’s Hot Dogs LLC” wants to do business as “Best Hot Dogs in Town” then the owners have to file a DBA.
When you need a DBA
A DBA is not required in the State of Nebraska in order to do business under an assumed name, DBA, or as it is known in Nebraska, a "trade name." That said, there are a number of reasons to file for a DBA. A DBA allows the business to open a bank account under the trade name, receive checks and payments to that name, and assist with filing for a federal trademark.
Setting up a DBA in Nebraska
The first step in filing a DBA is checking to see if the name you want to use is available. You can start your research at the Nebraska database of business names.
Certain names are prohibited under Nebraska law. These names include any consisting of immoral, deceptive, or scandalous matter, those which disparage, or falsely suggest a connection with, persons living or dead, institutions, beliefs, or national symbols. A name is also prohibited if it consists of, comprises, or simulates the flag or coat of arms or other insignia of the United States, any state or municipality, or any foreign nation, or consists of or comprises the name, signature, or portrait of any living individual without his or her consent.
If a name is merely descriptive or primarily geographically descriptive, or it is primarily merely a surname, or is so similar to a DBA registered it is likely to cause confusion with the public.
Also, a name is prohibited if it consists of the word "geologist" or any modification or derivative of such word unless approved by the Nebraska Board of Geologists.
Nebraska DBA filing & registration
In order to register a trade name in Nebraska, applicants must provide the proposed name of the business, the current name of the business, the address of the business, the date the trade name was first used in Nebraska, and the general nature of the business.
Furthermore, there is a publication requirement for applying for a trade name; applicants must publish one legal notice in a newspaper of general circulation. The Secretary of State will have more details on the publication requirements.
Tax considerations
Getting a trade name registered by filing a DBA doesn’t change how your company is taxed.
When you are ready to file a DBA, LegalZoom can help. We can help you search for a business name, file the paperwork, register for a trademark, and even get you in touch with a business attorney to answer specific questions about your business.
