File a DBA in Virginia

What is a DBA (fictitious name) in Virginia?

Virginia uses the terms "fictitious name," "trade name," and "assumed name" interchangeably with DBA. All of these terms refer to an alternate name for a business that isn’t its legal name. 

A business’ legal name is either the name on its formation documents (for corporations and LLCs) or the owner’s legal name (for sole proprietorships). All Virginia businesses need to apply for a certificate of assumed or fictitious name to use a DBA. This ensures transparency about who’s actually operating behind a business name and benefits your company in several ways.

Here are some things you can do with a Virginia fictitious name:

• Branch out into other markets without registering a separate entity
• Open a business bank account 
• Market your business under this new fictitious name 

Here are some things you can’t do with a Virginia fictitious name:

• Obtain exclusive rights to use that name in Virginia 
• Prevent another business from registering a legal entity under your fictitious name
• Change your tax status

Consider also registering a trademark if you want to prevent other businesses from using your trade name. 

How to file a DBA in Virginia: Step-by-step

All businesses file a trade name with the State Corporation Commission. You can have LegalZoom file for you or complete the application yourself. Here’s what you need to do if you apply on your own. 

Step 1: Confirm that the name is available

The first step is to make sure the name you want to use is available and meets Virginia requirements.

• It can’t misrepresent the business’ location.
• It can’t be confusingly similar to the name of another registered business entity.
• It can’t be confusingly similar to the DBA of a foreign business entity that was unable to register under its legal name.

The State Corporation Commission has an online database of registered business names. You can check if your desired name is available by conducting a Virginia business search. If it doesn’t show up on that database, it's likely available. 

Step 2: Complete the appropriate application form

The Commission provides a different form based on your business type. 

Corporations, LLCs, and partnerships fill out Form SCC59.1-70-BE, Certificate of Assumed or Fictitious Name – Business Conducted by an Entity, which can be done online or by mailing a printed form. You’ll need to provide this information:

• Business name
• Fictitious name
• Entity type
• State Corporation Commission ID number
• Name and title of the person filing the application

Sole proprietorships use Form SCC59.1-70-IN, Certificate of Assumed or Fictitious Name – Business Conducted by an Individual either online or by mail. You’ll need to provide this information:

• Your name
• Fictitious name
• Business address (if you work from home, provide your home address)
• Name and title of the person filing the application

Step 3: Submit the application and pay the filing fee

The filing fee is $10 for all business structures. You can file your DBA application either online through the State Corporation Commission website or send your completed form by mail to the following address: