File a DBA in Tennessee

How DBAs work for Tennessee businesses

When you file a DBA, you are essentially creating an alias for your business. This registration is typically required before you can market your products, open bank accounts, and sign contracts under a name that suits your brand, rather than strictly using your legally registered name. For example, if owners of "ABC Cleaning LLC" want to open a shop called "Clean Genies," they would need to file a DBA registration to legally use that trade name. 

Tennessee's DBA system is designed to provide transparency to consumers and creditors by maintaining public records of these names, which helps prevent fraud and ensures the public can identify the actual legal business entity.

Who needs a DBA in Tennessee, and when is it required?

Under Tennessee law, the requirement to file depends largely on your business structure and what you intend to call yourself. Corporations, limited liability companies (LLCs), limited partnerships (LPs), and limited liability partnerships (LLPs) typically need to file a DBA when they want to conduct business under any name other than their official registered name with the Tennessee Secretary of State.

Sole proprietorships and general partnerships are generally expected to operate under the legal name of the owner or partners. However, if a sole proprietor wants to use a business name that doesn't include their surname, or implies there are other owners (like "Smith & Associates"), they will generally need to file an assumed name registration with the county register of deeds.

Common scenarios requiring a DBA in Tennessee

Even when not strictly required by law for every single entity, there are practical reasons why registering a DBA is necessary for day-to-day operations.

• You want to open a business bank account. Financial institutions typically require proof of your business name registration before they will allow you to open a bank account under a trade name. If you want checks and payments made out to your shop's operating name rather than your personal name or your legal entity name, you need a DBA.
• You want to use your assumed name in contracts. Although the legal entity signs the agreement, registering a DBA allows you to clearly identify the trade name you operate under and ensures the contract properly links that name to the entity responsible for the agreement.
• You want to build professional credibility. Operating under an unregistered name can look unprofessional. Registering your trade name allows you to advertise under your chosen brand, creating a more polished and trustworthy image for customers and vendors.
• You want to ensure legal compliance. Registering your assumed name helps you avoid potential legal issues related to operating under an unregistered name. It also ensures you meet state and local business licensing requirements, many of which reference the business’s operating name.

Keep in mind that these are just a few reasons why you may want to file a DBA. Consider your business’ individual needs and goals as you make your decision.

What a DBA doesn’t do

While a DBA gives you the freedom to brand your business creatively, it is important to understand its limitations. A DBA does not:

• Create a separate legal entity
• Provide liability protection (only an LLC or Corporation does that)
• Change your tax structure
• Grant exclusive trademark rights to the name

Tennessee DBA name rules and restrictions

When choosing a DBA name in Tennessee, you must comply with regulations designed to protect consumers. You cannot use a name that implies your company transacts business for which specific authorization is required if you don't have that authorization. For example, you cannot use a name implying medical services if the owners aren't licensed medical professionals.

Tennessee also prohibits names that imply false affiliations. This means you can’t use names that imply a relationship with:

• Fraternal organizations
• Veterans’ organizations
• Service organizations
• Religious groups or organizations
• Charitable organizations
• Governmental groups

If you want to use a name that highlights that connection, you must be able to prove that your connection to that group is legitimate and documented.

Before filing, you must also ensure your chosen name is not already in use. You cannot use a business name that conflicts with one already registered with the Secretary of State or existing trade names in your county of operation.