Thinking about how to file a Doing Business As (DBA) in Arkansas and what it entails? You’re in the right spot.
A DBA, or “doing business as,” allows business owners in Arkansas to operate under a name different from their official registered name. This is often used for branding, marketing, or legal transactions. Depending on the location, it may also be known as a fictitious name, assumed name, or trade name.
Keep in mind, a DBA isn’t a separate legal entity like an LLC (Limited Liability Company). It doesn’t provide the same legal protections or benefits. Many entrepreneurs eventually choose to form an LLC in Arkansas to gain advantages such as tax benefits, liability protection, and enhanced business credibility.
What Is an Arkansas “Doing Business As” (DBA) Name?
A DBA name is a business alias that a company can use instead of its official business name. In certain states, DBA names are known as “fictitious names.” The terms “DBA name,” “trade name,” and “fictitious name” all pertain to the same concept.
Generally, two types of businesses frequently utilize DBA names:
Sole proprietorships and Partnerships: These entities lack legal distinction from their owners. They opt for DBA names to enhance professionalism or attract customers. Without DBA names, they would operate under the owners’ personal names. For instance, a sole proprietorship operating a flower shop might choose a memorable name like “The Flower Pot” instead of the owner’s name.
Corporations and Limited Liability Companies (LLCs): These businesses are legally distinct from their owners. They employ DBA names as marketing strategies. For instance, a company registered as “Bedding and Sleep Accessories, Incorporated” might establish a store named “Best Bedding” to appeal to a specific audience. Additionally, corporations or LLCs may use DBA names to introduce new product lines. For example, an adult clothing store might launch a children’s clothing line under a different name.
While a DBA name allows your business to operate under a different title, it doesn’t constitute starting a new business and will not impact your company’s tax structure.
Arkansas has specific regulations for DBA names that differ from many other states. Domestic corporations must register with the county clerk where they’re operating, as well as with the Arkansas Secretary of State. However, Pulaski County only requires state registration. Sole proprietorships need to register their DBA names at the county level.
All other types of businesses must register with the Arkansas Secretary of State first. Once approved, you will receive a copy of the form that needs to be filed with the county clerk’s office, where your business’s registered office is located.
Just to clarify, businesses are not required to have DBA names unless they operate under a name different from their legal one. However, adopting a fictitious name could be advantageous for your company. Some benefits of using a DBA name include:
- Enabling you to advertise under a fresh name and connect with a new audience.
- Facilitating the opening of a business account under a name other than your registered business name.
- Although registering a DBA name in Arkansas doesn’t grant exclusive usage rights to your fictitious name, the registration may serve as a deterrent against others using the same name.
Why Hire a Professional Service to File a DBA in Arkansas?
Filing a DBA in Arkansas involves several steps, and any misstep in this process can result in a rejected application or more serious repercussions. Failure to comply with the state’s regulations regarding the use of a name for legal or business purposes may lead to fines or even the closure of your business.
Professional services can help mitigate the uncertainties and risks associated with the DBA process. They possess extensive knowledge of Arkansas’s requirements and can assist you in selecting an appropriate name before proceeding with the necessary paperwork.
These service providers also offer additional services, such as LLC formation, catering to your business’s potential growth and expansion. After thorough research, we’ve identified the following as the top professional services to meet your DBA needs:
- Northwest Registered Agent
- BusinessRocket
- ZenBusiness
Setting up a DBA in Arkansas
To commence the process of acquiring an Arkansas DBA, determine the suitable business entity type according to your business’s structure:
- Select Sole Proprietorship or Partnership if your business operates without a formal organizational framework.
- Opt for LLC, Corporation, or LLP if your business has a structured setup, such as an LLC or corporation.
1. File a DBA in Arkansas for a Sole Proprietorship
Sole proprietors and general partnerships are required to submit their Arkansas Doing Business As (DBA) registration to the County Clerk in the county where their business is located. The same applies to estates and real estate investment firms, which also need to file their DBA with the county.
Step 1: Initiate an Arkansas Assumed Name Search
Arkansas DBA names must adhere to both uniqueness and compliance with the state’s business name regulations.
To get started, visit the Arkansas Secretary of State’s website and conduct a search for your desired DBA name to ensure it’s not already taken.
Next, familiarize yourself with Arkansas’s specific naming criteria. DBA names in Arkansas should not include the following:
- Terms that could create confusion between your business and a government agency (e.g., FBI, Treasury, State Department).
- Phrases that suggest the business is organized for unlawful purposes.
- Restricted words (e.g., Bank, Attorney, University) may require additional documentation and the involvement of a licensed individual, such as a doctor or lawyer, in your business.
We recommend checking the availability of your chosen name as a web domain (URL). Even if you don’t currently plan to launch a business website, securing the URL can prevent others from obtaining it in the future.
Step 2: Registering a Doing Business as (DBA) in Arkansas Through the County Clerk
In order for individual business owners to operate under a Doing Business As (DBA) name, they’re required to submit an application for an assumed name registration at the appropriate county clerk’s office(s).
For both sole proprietors and partnerships, it’s necessary to file this registration in any county where their business conducts or transacts its affairs.
We will provide you with a comprehensive guide on how to obtain a DBA in Pulaski County. If you need instructions for other counties, please contact your respective county clerk.
To find the contact information for your specific county, you can visit the website of the Arkansas State Association of Counties.
Steps for Filing a DBA in Pulaski County:
Before beginning the DBA filing process, it’s recommended to search the Pulaski County assumed name database to confirm the uniqueness of your desired name.
Once you’ve settled on a name, fill out the Assumed Name Certificate and deliver it to the Pulaski County Clerk. The certificate can be submitted via mail or in person.
Fee:
$25 for filing
Submission Address:
Pulaski Circuit/County Clerk
401 W Markham St, Ste 100
Little Rock, AR 72201
Step 3: Administering Your Pulaski County DBA
Your DBA (Doing Business As) remains valid indefinitely and doesn’t have a set expiration date. If you wish to make changes to your assumed name, you will need to submit a new registration for the assumed name.
2. File a DBA in Arkansas for an LLC or Corporation
The Application for Fictitious Name is submitted to the Arkansas Secretary of State by various types of business entities, including:
- For-profit Corporations, Nonprofit Corporations
- Professional Corporations, Professional Associations
- General Partnerships, Limited Partnerships, Limited Liability Partnerships
- Limited Liability Companies
- Any Foreign Filing Entities
You can choose to file a DBA for your incorporated business personally using this guide. Alternatively, professional services like Northwest Registered Agent or ZenBusiness are available options.
Step 1: Conduct an Arkansas Business Entity Search
In order to meet the regulations surrounding business names in Arkansas, it’s essential that assumed names in Arkansas are both distinctive and meet specific criteria.
Start by visiting the official website of the Secretary of State in Arkansas. Conduct a comprehensive search to confirm if your suggested Doing Business As (DBA) name is available and not already being used.
Next, acquaint yourself with Arkansas’s naming regulations. Refrain from including specific elements in your assumed name, including:
- Terms that could lead to confusion between your business and a government agency (e.g., FBI, Treasury, State Department).
- The language that implies the company is structured for unlawful activities.
- Restricted terms (e.g., Bank, Attorney, University) that might require supplementary documentation, along with the participation of a licensed professional, such as a doctor or lawyer, in your business.
To gain a deeper comprehension of the regulations regarding naming corporations and LLCs in Arkansas, it’s advisable to refer to the appropriate state statutes. As a proactive step, it’s recommended to verify if your desired name is available as a web domain (URL).
Although creating a business website may not be an immediate concern, reserving your URL can protect it from being obtained by others at a later time.
Step 2: Submitting Your Application for a Fictitious Name in Arkansas
If you have a business that’s not a sole proprietorship, it’s necessary to register your Doing Business As (DBA) name with the Arkansas Secretary of State. The registration process allows for either submitting online or filing a physical copy.
Unless your business’s registered office is in Pulaski County, it’s crucial to give a duplicate of the Application for Fictitious Name to the County Clerk in the county where your registered office can be found.
There are two options for filing:
- Use Arkansas’s Corporations Online Filing System for online submission
- Submit the Application for Fictitious Name by mail or in person
Associated Fees:
- Corporations and LLCs: $22.50 (online), $25 (mail or in person)
- All Partnerships: $13.50 (online), $15 (mail or in person)
Submission Address:
Arkansas State Secretary of State
Business Services Division
1401 W. Capitol Avenue, Suite 250
Little Rock, AR 72201
Step 3: Managing Your Arkansas DBA
Maintaining Your DBA with the State:
There is no specific end date for your registration of a fictitious name.
Modifying Your DBA:
If you need to make any changes to your fictitious name, you will have to complete a new registration.
Discontinuing Your DBA:
In order to cancel or withdraw your use of a fictitious name, you must fill out the Cancellation of Fictitious Name form and submit it either by mail or in person.
Best DBA Filing Services to Register Fictitious Name in Arkansas – AR DBA
Discover the top-notch options available for registering a made-up name in Arkansas.
Northwest Registered Agent
Northwest Registered Agent is a reliable choice for businesses in Arkansas, offering expertise in services like DBA filings. As a registered agent, they provide a physical Arkansas address that meets the state’s legal requirements for a designated business location essential step for companies operating under an alternate name.
Beyond DBA filings, Northwest Registered Agent delivers a full suite of compliance solutions, including annual report submissions and mail forwarding.
By covering these critical tasks, they help businesses remain in good standing with the state, easing administrative responsibilities so owners can focus on building and expanding their ventures.
BusinessRocket
BusinessRocket is a top choice for registering a Doing Business As (DBA) in Arkansas, offering a straightforward and entrepreneur-friendly process. Designed with business owners in mind, the platform simplifies DBA registration through intuitive online tools and clear step-by-step guidance.
Its core mission is to make the process hassle-free by walking individuals through all legal requirements, while also ensuring the selected business name is unique and compliant with Arkansas state regulations.
With services such as document preparation and filing support, BusinessRocket delivers a smooth, efficient DBA registration experience, enabling entrepreneurs to quickly establish their business presence in Arkansas.
ZenBusiness
ZenBusiness is an all-in-one business services platform that supports entrepreneurs at every stage, including filing a DBA in Arkansas. With a focus on simplicity and affordability, ZenBusiness offers an intuitive online system that walks users through each step of the registration process.
The platform not only helps verify business name availability but also assists in preparing the necessary paperwork and submitting filings to the appropriate Arkansas authorities.
Beyond registration, ZenBusiness provides ongoing compliance support, making it a valuable partner for entrepreneurs who want to establish and maintain their business identity in the state without the stress of administrative hurdles or compliance concerns.
Arkansas DBA vs. Arkansas LLC Comparison
Although both Arkansas DBAs and Arkansas LLCs require filings at the state level, LLCs serve as legal entities that create a clear distinction between their owners (members) and the business itself.
Selecting an Arkansas LLC offers asset protection, safeguarding personal assets like savings, vehicles, or homes from possible seizure in the event of a lawsuit or bankruptcy. This level of safeguard isn’t provided by a DBA since it simply functions as an alternative name for the business.
If you have already established an LLC and want to operate under a different name or if your business plans to introduce a new product line, obtaining a DBA is a practical option.
However, for sole proprietors seeking to protect personal assets from potential liabilities, relying solely on a DBA is inadequate. In such situations, establishing a separate business entity with liability protection, such as an LLC, becomes crucial.
File a DBA in Arkansas – Frequently Asked Questions
If you still have inquiries regarding the process of filing a DBA in Arkansas, continue reading to see if we can provide the information you seek.
Can I File a DBA Online in Arkansas?
Absolutely! The Corporations Online Filing System in Arkansas allows you to easily file state-level DBAs online. However, the process for filing county-level DBAs may differ depending on the specific county.
How Do I Change My DBA in Arkansas?
In order to alter the name of your state DBA, you must submit a fresh registration. If you wish to modify any other details in the registration, complete the Articles of Correction form.
For specific guidelines on changing your Sole Proprietorship DBA at the county level, get in touch with your county clerk.
How Can I Insure My Arkansas DBA?
Insurance isn’t necessary for DBAs as they’re not considered a business entity. However, the business entity that operates under the DBA will require insurance coverage to protect against potential losses that may occur during normal business operations, such as property damage or legal disputes.
How Can I Withdraw My Arkansas DBA?
To cancel a fictitious name at the state level, you can use a Cancellation of Fictitious Name form. Reach out to your county clerk for specific instructions on withdrawing your DBA for your Sole Proprietorship in your county.
How Often Should I Renew My Arkansas DBA?
You don’t have to renew your Arkansas DBA.
When Is a DBA Required in Arkansas?
Whenever a business operates under a name that’s different from its legal name, it becomes necessary to have a DBA.
How Do I Transfer My DBA in Arkansas?
You can typically transfer state-level transfers by submitting a form called Notice of Transfer of Fictitious Name. To find county-specific instructions on transferring a Sole proprietorship DBA, reach out to your county clerk.
How Many DBAs Can I Have?
In terms of creating and managing DBAs, you have the freedom to have as many as your budget permits. However, it’s important to note that quantity doesn’t necessarily equate to quality. Each additional DBA will bring about extra costs and administrative tasks, so it’s crucial to carefully consider the purpose behind each one you choose to establish.
Conclusion – How to File a DBA in Arkansas
In conclusion, filing a Doing Business As (DBA) in Arkansas is a straightforward process when approached step by step.
The first step is to perform a thorough name search to confirm that the chosen business name is both available and compliant with Arkansas regulations. After that, carefully complete the required DBA registration form, ensuring all details about the business and its owners are accurate.
Once the form is ready, submit it along with the appropriate filing fee to the Arkansas Secretary of State. It is also important to check for any additional local requirements that may apply.
By following these steps in an organized manner, entrepreneurs can complete their DBA filing smoothly and establish their business presence in Arkansas with confidence.
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