If you are starting a business in New Hampshire, or already have a business or a New Hampshire LLC, but thinking about using a different name for it, then you need to register a trade name (New Hampshire’s term for a Doing Business As (DBA) name) with the Secretary of State, using the Application for Registration of Trade Name (Form TN-1).
Not every state requires registration of a DBA, but in New Hampshire, if you want to use a business name different from the name you used to form the business, you must register that trade name under your company’s legal name (RSA 349:1). You can use multiple names and obtain multiple DBAs, depending on your business needs, but you will need to file a DBA and the filing fee for each name you register.
The DBA form is straightforward, but requires you to provide a lot of information in addition to the name of the business name you want to use. If you don’t register your Trade Name correctly, you are risking things like the following: you won’t be able to open a bank account using that name, someone else may open a business with the same name (preventing you from using it), or you may face other legal problems.
What is a DBA?
A DBA is also referred to as a “trade name,” “fictitious business name,” or “assumed name.” In New Hampshire, as has already been mentioned, it is called a “trade name.” This is totally different from a trademark, and is used interchangeably with DBA, fictitious business name, and assumed name.
After you have registered your trade name, you can then use the name publicly. The requirement applies to all types of businesses. You can use a DBA or trade name whether you’re a partnership, LLC, Corporation, or sole proprietor.
Benefits of a DBA
- It allows you to register a business name even if you do not have a business entity.
- In New Hampshire, it is a cost-effective way for a business entity to conduct business under a trade name without the complexity of forming a separate corporation.
- If you have an LLC, your trade name allows you to do business under a different name that is not the company’s full legal name. For example, Tim’s Wood LLC wants to open a building supply shop called Sturdy Forever. The LLC registers “Sturdy Forever” as a trade name, and the shop is still owned and operated by Tim’s Wood LLC.
- Makes it possible to open a bank account in the name of the trade name.
- The DBA is only an alias and is not a separate business entity. A trade name doesn’t need its own EIN, because it isn’t a separate business or taxpayer.
- It works as your brand name, which tells your audience what your product or service is.
- You can have as many trade names (DBAs) as you want.
Disadvantages of a DBA
It is important for you to understand that a DBA does not protect you from liability like an LLC or other corporate entity does. It is only a fictitious name, an alias, that allows your company to operate under a different name than the full legal name registered with the state. It is not a separate business entity.
Consequences for operating with a DBA without registration
New Hampshire imposes penalties for anyone doing business under a name other than their full legal name if the name has not been registered with the state. If a natural person is the one who did not register the trade name, then that person will be guilty of a violation. If other than a natural person, the entity will be charged with a misdemeanor (RSA 349:9).
Tax considerations
There are no changes in the tax structure in that aspect. A trade name only changes the name of your business and has no effect on the status of your business entity. You don’t even need to have a separate EIN. A trade name also doesn’t replace any licenses and permits your New Hampshire business needs.
Filing for a DBA in New Hampshire
Step 1: Choose your name
New Hampshire has some requirements for DBA (Trade Name) registration. A few of the most important ones are:
- Your trade name can’t include “Inc.” or another corporate designation (Form TN-1).
- The name must be distinguishable from names already on file with the Secretary of State. Differences such as an article, a plural, an abbreviation or punctuation don’t count (RSA 349:1, IV).
- The name can’t be the same as the name of a government agency.
Step 2: Check name availability
Begin by doing a New Hampshire business entity search using the state’s database. It will let you know if your trade name has already been taken by another business. If so, you can choose a new name or adjust your desired business name so it is enough different to be distinguishable from the similar business name you wanted. For example, a business name of “Open Door” cannot be distinguished from “An Open Door.”
Step 3: Register your name
Once you have chosen the name and completed your search and discovered no one else is using your desired name, you need to fill out the application. You can file online through the Secretary of State’s QuickStart system, or print Form TN-1 and mail or hand deliver one original signed copy.
Information required for the form includes:
- The trade name and the business’s principal address.
- A description of the business with the type that it is, such as real estate business, hair salon, grocery store, and so forth.
- A NAICS code (optional).
- Business email and phone.
- The date that the business was organized. It must have been organized in the past. A plan to organize in the future is not acceptable.
- Name and mailing address of the applicant.
Step 4: Pay the filing fee
In New Hampshire, the filing fee is $50. Payments made online carry an additional $2 handling charge.
Step 5: File online or by mail
Online filings are generally processed faster. If you mail your form, the Corporation Division sends a file-stamped copy within 30 days of acceptance.
If you choose to mail your form, send an originally signed document to:
Corporation Division, NH Dept. of State
107 North Main Street, Room 204
Concord, NH 03301-4989
To deliver it in person, go to the State House Annex, 3rd Floor, Room 317, 25 Capitol Street, Concord.
A trade name registration lasts 5 years. The Secretary of State sends renewal notices before it expires, and renewal costs $50. If you don’t renew within 30 days after expiration, the registration is discontinued.
Conclusion
Filing for a DBA in New Hampshire is a great way to create a new public identity and enhance your brand. You do this without the need to create a new company. You can have as many trade names as you want and are willing to pay for and there is no additional tax liability. If you’re still in the early stages of research and want to learn more about how to form an LLC in New Hampshire, check out our step-by-step guide and related content.