Operating your Virginia business under a name that differs from your legal name or your entity's registered name requires a state filing. Virginia calls that a fictitious name, also known as a DBA, assumed name, trade name, or t/a (trading as). The filing goes through the Virginia State Corporation Commission (SCC), costs $10, and follows rules that vary by business structure.
DBA Virginia at a glance
- In Virginia, a DBA is officially called a fictitious name. The terms "assumed name," "trade name," "t/a," and "a/k/a" all refer to the same filing requirement.
- Filing costs $10 and is handled through the SCC, either online via the Clerk's Information System or by mail.
- A fictitious name registration does not give you exclusive rights to that name. It is a public disclosure requirement, not a trademark or name reservation.
- Whether you need to file depends on your business structure. Sole proprietors, general partnerships, LLCs, and corporations each have different rules and use different forms.
- Virginia fictitious name registrations do not automatically expire, but you can cancel one at any time by filing a release form with the SCC.
What is a DBA in Virginia?
A DBA, short for "doing business as," is any name a person or business uses that differs from their legal name. Virginia doesn't use that term in its statutes. The SCC officially calls it a fictitious name. "Assumed name," "trade name," "t/a," and "a/k/a" all mean the same thing under Virginia law. The SCC's official document is called a Certificate of Assumed or Fictitious Name.
Whether this filing applies to you depends on your business structure. The rules and forms differ by entity type.
Who needs to file a DBA in Virginia?
If you conduct business in Virginia under any name other than your own legal name or your entity's registered legal name, you need to file a fictitious name with the SCC before you start using the name. The governing statutes are §§ 59.1-69 through 59.1-76 of the Code of Virginia.
Sole proprietors and individuals
If you run a business as a sole proprietor, your legal business name is your personal name by default. The moment you want customers, invoices, and contracts to reflect something else, you need a fictitious name filing. Sole proprietors use form SCC59.1-70-IN.
General partnerships
A general partnership must file a fictitious name if it operates under any name other than the surnames of all its partners. General partnerships use the same form as sole proprietors: SCC59.1-70-IN.
LLCs and corporations
If your LLC or corporation wants to operate under any name other than its registered legal name, it must file a fictitious name — including shortened versions or new product line brands. This is distinct from amending your entity's legal name, which requires different SCC paperwork. Registered entities use form SCC59.1-70-BE and must provide their SCC ID number.
Which form does your business use?
| Entity type | When a fictitious name is required | Form to use |
|---|---|---|
| Individual / sole proprietor | Operating under any name other than your personal legal name | SCC59.1-70-IN |
| General partnership | Operating under any name other than all partners' surnames | SCC59.1-70-IN |
| LLC | Operating under any name other than the LLC's registered legal name | SCC59.1-70-BE |
| Corporation | Operating under any name other than the corporation's registered legal name | SCC59.1-70-BE |
Using the wrong form is one of the most common reasons a filing gets delayed or rejected.
How to file a DBA in Virginia: Step-by-step
Navigating the Virginia State Corporation Commission's filing requirements can be straightforward when you follow the established procedural steps. Understanding each phase of the application process ensures you provide the necessary information accurately and efficiently, helping to prevent common pitfalls during your fictitious name registration.
Step 1: Search for name availability
Search existing Virginia business names and registered fictitious names through the SCC's Clerk's Information System (CIS). Search your proposed name and variations — no exact match doesn't automatically mean the name is clear.
Unlike business entity names, fictitious names in Virginia do not have to be unique. Two businesses can legally operate under the same fictitious name simultaneously. The search tool does not check federal or state trademarks.
Step 2: Choose the right form
Both forms ask for the same core information:
- Your legal name. The full legal name of the person or entity filing, not the fictitious name.
- The fictitious name. Do not add entity designators like "LLC" or "Inc." unless they are genuinely part of your intended trade name.
- Entity type. Individual, partnership, LLC, corporation, etc.
- Address. Business or personal mailing address. Registered entities also provide their SCC ID number.
- Nature of business. A brief description of what your business does under this name.
- Signature. Signed by the individual conducting business under the name, or by an authorized representative for a business entity.
Do not include personally identifiable information such as a Social Security number. These filings are public records.
Step 3: File online through the SCC Clerk's Information System
Create or log into an account at the SCC's Clerk's Information System. Navigate to the fictitious name filing option under Business Entities. If registering a DBA for an LLC or other Virginia-registered entity, search for the entity to complete that step. If you're an individual or sole proprietor, select "No." Pay by credit card or eCheck with no additional processing fees.
Step 4: File by mail (alternative)
Download the appropriate form from the SCC's Forms & Fees page and mail it with a check payable to:
State Corporation Commission
Clerk’s Office
P.O. Box 1197
Richmond, VA 23218-1197
You can also have it delivered by courier to:
1300 E Main St., 1st Floor
Richmond, VA 23219
Step 5: Receive your certificate and keep a copy
Once processed, you'll receive a fictitious name receipt. You can request a certified copy online through the CIS, or request a Certificate of Fact of Fictitious Name in writing from the Office of the Clerk for $6. Banks routinely require proof of registration before opening a business account in your DBA name.
Virginia DBA filing fee, processing time, and duration
| Detail | What to know |
|---|---|
| Filing fee | $10 (all entity types) |
| Certified copy fee | $6 (optional) |
| Expedited processing fee | $100 (online only) |
| Standard processing time | 2–5 business days (online, faster than mail) |
| Expiration | None — registration is effective until released |
| Release fee | $10 |
Virginia fictitious name registrations do not expire and do not require renewal. The registration stays on record until you actively cancel it by submitting a release form.
Virginia DBA name rules and common rejection reasons
Understanding the regulatory landscape helps prevent delays in your filing process. Familiarizing yourself with these specific guidelines and common pitfalls can streamline your registration, ensuring your fictitious name complies with state requirements from the outset.
Name restrictions and prohibited terms
Virginia state law requires business entities to follow certain naming rules. Violating any of the se restrictions can result in your application being rejected by the state.
- Entity designators used misleadingly. A fictitious name can't contain suffixes like LLC, Inc., or "incorporation" unless that is your actual business structure.
- Professionally restricted terms. Words like "architecture," "engineering," or "designing" cannot be used without proper governmental approval. Using regulated professional terms without appropriate licensure can expose you to violations beyond a filing rejection.
- Geographic misrepresentation. Virginia law prohibits using a fictitious name that intentionally misrepresents the geographic origin or location of the business.
Your fictitious name does not need to include a designator such as Corp, LLC, or Inc. "Valley Supply Co." is fine on its own.
Common reasons a Virginia DBA filing gets rejected
Before filing, check these common pitfalls to help ensure your registration is processed without unnecessary delays.
- Prohibited or restricted term. A name that includes a regulated professional term or a misleading entity designator is the most common substantive rejection reason.
- Wrong form for your entity type. Confirm your entity type before you start: SCC59.1-70-IN for individuals and sole proprietors, SCC59.1-70-BE for registered entities.
- Incomplete or missing required fields. A missing address, blank nature-of-business description, or incomplete legal name will trigger rejection. For paper filings, complete the form in English, type or print legibly in black ink, and use solid white paper with no visible watermarks.
- Missing or unauthorized signature. The certificate must be signed by the business owner or an authorized representative with authority to act on behalf of the entity.
- Incorrect fee or payment method. The filing fee is $10. An incorrect amount, wrong payee, or missing payment will delay or kill your filing.
- Discrepancies with your entity's SCC record. The SCC ID number and entity name must match exactly what's on record. A transposed digit or name mismatch will result in rejection.
If the SCC rejects your document, you'll receive a notice explaining why and how to resubmit.
Does a Virginia DBA protect your business name?
No. A Virginia fictitious name registration is a public disclosure requirement — not a name reservation, not a trademark, and not exclusive legal protection. Filing one does not prevent another business from using the same name and does not substitute for federal or state trademark protection. You could invest months building a brand under your fictitious name, and another business could legally register and operate under the same name in Virginia.
Virginia DBA vs. LLC: Which makes more sense?
Choosing between a DBA and an LLC requires balancing your need for personal liability protection with your specific business branding requirements. Here are a few things to keep in mind.
- A DBA is not a legal entity. Filing a fictitious name does not protect your personal assets from business debts or lawsuits, does not give your business a separate tax identity, and does not change how the IRS or Virginia tax authorities treat your income.
- An LLC does all of those things. It separates your personal assets from business liabilities, creates a distinct tax entity, and establishes your business as a recognized legal structure. If you're weighing your options, forming an LLC is worth considering for the liability protection it provides.
When does a DBA make sense on its own?
When you already have an LLC or corporation and simply want to operate under a different brand name. Or when you're a sole proprietor who accepts personal liability and needs a trade name for a low-risk business.
When does forming an LLC make more sense?
When liability protection matters — which for most businesses it does. If a client sues or something goes wrong, an LLC keeps your personal finances out of the crossfire in a way a DBA never can.
What about taxes?
A DBA does not create a new tax identity. A sole proprietor operating under a fictitious name still reports business income on Schedule C and pays self-employment taxes as an individual. An LLC or corporation filing a fictitious name continues to be taxed according to its existing entity classification.
The two options aren't mutually exclusive. Many Virginia LLC owners add a DBA to an LLC to brand a product line under a separate name while keeping the LLC's liability protection.
What to do after your Virginia DBA is approved
Once your registration is finalized, there are several practical steps you should take to ensure your business remains compliant and professionally managed.
Open a business bank account under the DBA name. Most banks won't open an account in your fictitious name without proof of registration. Bring your SCC certificate, your personal or entity identification, and your EIN if you have one. Call ahead to confirm what your bank requires.
Update contracts and invoices. When you sign agreements or send invoices under your DBA, include both your legal name and your fictitious name. For example, "Jane Smith d/b/a Blue Ridge Bookkeeping." Leaving out your legal name can create enforceability problems if a dispute arises.
Review your business licenses and permits. Virginia localities handle business licensing independently. Check whether any local, county, or state licenses and permits need to reflect your new operating name.
Use the DBA consistently in public-facing materials. Apply the fictitious name uniformly across your website, signage, email signatures, and marketing materials. Inconsistent use can create confusion about which entity customers are contracting with.
Keep your entity compliance current. A fictitious name filing is separate from your LLC's or corporation's ongoing compliance obligations. Annual reports and registered agent requirements still apply on their own schedules.
Consider whether trademark protection makes sense. Your SCC registration doesn't stop another business from using the same name. If your brand has real commercial value, exploring federal trademark registration before investing heavily in building that name is a smart move.
DIY vs. LegalZoom: Which filing path is right for you?
| DIY (file directly with SCC) | File with LegalZoom | |
|---|---|---|
| State filing fee | $10 | $10 (passed through to the SCC) |
| Service fee | None | See current pricing at LegalZoom.com |
| Estimated time | 2–5 business days (online); longer by mail | Varies; LegalZoom handles submission on your behalf |
| What's included | You complete and submit the form yourself | Form preparation, submission, and document delivery |
| Best for | Business owners comfortable navigating the SCC's online system | Business owners who want the process handled for them or who want to avoid form errors |
The $10 state fee is the same either way. LegalZoom has helped more than 4 million businesses get started. If you'd rather focus on launching than navigating government filing systems, a filing service can be worth the additional cost.
How to amend, release, or cancel a Virginia fictitious name
Maintaining your fictitious name requires understanding the procedures for updates and cancellations.
There is no separate amendment form: Here's what to do instead
Virginia has no amendment process for a fictitious name. To switch to a new name, file a release for the old one and a new certificate for the new one, paying the $10 fee each time. The same applies if your address, nature of business, or ownership information changes — you file a new registration, not a correction to the old record. Stale records create confusion if someone later searches the SCC database and finds outdated information tied to a name you no longer use.
How to release (cancel) a Virginia fictitious name
When you stop operating under a fictitious name, file a Certificate of Release of Assumed or Fictitious Name on File with the Commission (form SCC59.1-70.1-CO) online through the CIS or by mail. The fee is $10. Once processed, the release becomes part of the public record and the name is no longer associated with you.
A note on older circuit court filings
Until December 31, 2019, fictitious name certificates were filed in the Circuit Court Clerk's Office in each county or city where business was conducted. As of January 1, 2020, all new certificates are filed with the SCC under Virginia Code §59.1-69.
To release a name originally filed with a circuit court, use form SCC59.1-70.1-CC and file it with the circuit court where the original certificate was recorded, not with the SCC.
Virginia DBA FAQs
Can I have more than one DBA in Virginia?
Yes. Each name requires a separate filing and a separate $10 fee.
Do I need a DBA if my LLC already has a unique name?
No. You only need a DBA if you want to operate under a name that differs from your LLC's registered legal name.
Is a Virginia DBA the same as registering a business?
No. A fictitious name filing does not form a business entity. It registers only the name you are using to do business.
Can I use my Virginia DBA name on federal tax forms?
You can list a DBA name on some federal forms, such as Schedule C for sole proprietors. Your EIN and legal name remain the primary identifiers for federal tax purposes.
What does DBA mean legally?
DBA stands for "doing business as." It identifies the trade name a person or business uses that differs from their legal name. In Virginia, the legal term is "fictitious name." Filing one is a public disclosure that you are operating under that name — it does not create a separate legal entity or grant exclusive rights to the name.
How do I get a DBA in Virginia?
File a Certificate of Assumed or Fictitious Name with the Virginia SCC online or by mail. The fee is $10. Use form SCC59.1-70-IN for individuals and sole proprietors, or SCC59.1-70-BE for LLCs, corporations, or other registered entities.
How much does a DBA cost in VA?
The SCC filing fee is $10. A certified copy costs an additional $6, and next-day expedited processing is available online for $100.
How long does a DBA last in Virginia?
A Virginia fictitious name registration does not expire. It remains active until you file a release form with the SCC. There is no renewal requirement and no annual fee.
