What’s in a name? Claiming the name of your business in Oklahoma for use in formal and informal settings is a significant step to take. The “doing business as” (or DBA) process lets you operate under a name other than your legal name. The Secretary of State won’t accept a later trade name or entity name that’s indistinguishable from yours on its records, but a trade name isn’t a trademark.
The process of registering your name during the DBA process has many advantages, and it’s straightforward and easy to complete. Oklahoma law requires any business entity that does business under a name other than its legal name to file a trade name report with the Secretary of State (18 O.S. §1140).
This post will detail what an Oklahoma DBA is, what it’s used for, the state requirements, and how to complete the process.
What is a DBA?
When you start a business in Oklahoma, you may choose to create a unique name that is different from your formal legal name. In Oklahoma this is called a trade name. (A “fictitious name” is a separate filing for an out-of-state company whose own name isn’t available in Oklahoma.) The trade name can be used in your signage, advertisements, and even your business cards. Trade names differ from legal names in that they are traditionally used in the day-to-day operations of businesses.
The Oklahoma DBA process can be used for businesses of all types: sole proprietorships, partnerships, limited liability companies (LLCs), and corporations. It’s a helpful tool for businesses to use when establishing their brands.
It’s important to note that a DBA is not a business entity type, such as an LLC or partnership. It is a valuable tool on the marketing and branding side, but it is not a substitute for filing your business as an LLC, for example, nor will having a DBA provide you with any liability or tax benefits.
Benefits of a DBA
There are several key advantages to having a DBA (sometimes called an “assumed business name”), especially for certain business entity types.
- Business name registration: You can use the DBA to register your business name even if you do not have a formal business entity. For example, you can operate a sole proprietorship using the DBA name instead of using your own name for the business. Banks often ask for proof of your trade name filing before opening an account in that name.
- Flexibility: With a legal business name and a trade name, you have choices. You can position and market your business using the legal business name or the DBA name.
- Financing: A trade name may be necessary to secure a business bank account using that name.
- Multiple names: In Oklahoma, your business can have as many DBAs as you want. For example, a retail operation may have multiple stores that cater to different audiences, and each store can have its own DBA name.
Disadvantages of a DBA
If you are looking to protect yourself from liability by using a name other than your own, the DBA process is not appropriate. Only filing as an LLC or other business entity that addresses personal liability will protect personal assets in the case of an unfavorable judgment.
Consequences for operating with a DBA without registration
Oklahoma requires the filing, though the statute doesn’t set a specific fine. Skipping it can cause problems with banks, contracts and customers who can’t tell who they’re dealing with.
Tax considerations
Having a DBA does not change your tax status. Because the DBA is used solely for branding and not as a taxable entity, and a DBA is not a business structure, having one does not affect your tax status or filing requirements. A trade name also doesn’t replace the business licenses and permits your company may need.
Filing for a DBA in Oklahoma
To file a trade name in Oklahoma, follow these steps.
Oklahoma’s name requirements
Before deciding on a name, you need to be aware of Oklahoma’s requirements on trade names. The name must be distinguishable on the Secretary of State’s records from existing business entities (including those active in the last three years), other trade and fictitious names, and reserved names. As general guidance, also avoid:
- Suffixes such as “LLC,” “LP,” “Corp.,” or “LLP” unless your business really is that type of entity.
- Words or phrases that suggest the business is a financial institution, such as “bank” or “credit union”.
- Words that can be confused with a government agency, such as “FBI,” “IRS,” or “Secretary of State”.
- References to services that are against the law.
- Professional services you do not provide (for example, if your business does not provide legal counsel, avoid “lawyer” or “attorney.”)
Begin with a trade name search in Oklahoma
You want to be sure your preferred name is not already taken. Fortunately, there’s an online database to help. You can use the Oklahoma entity search to look up existing or reserved names and confirm availability before registering your DBA.
There, you can search by filing number, name availability, and active companies.
You can click on records to find whether the name is a listed name or a trade name.
Register your Oklahoma DBA
There are several ways to register your Oklahoma DBA.
File online
To file online, visit the Oklahoma Secretary of State’s website and click on “File Business Documents Electronically.” There you’ll have the option to file a trade name, whether or not you’ve already registered the business with the state.
The state form, both electronically and in print, asks for the following:
- Trade name (which must be different from the legal name)
- Address where the business operates
- A brief description of the business being operated under the trade name
- The legal name of the business
- The type of business entity
- The state or jurisdiction where the business was formed
- Signature, date, and printed name
The cost to file is $25.
Note that the office also has links to file for amended trade name, transfer of the trade name, and withdrawal of the trade name.
File by mail
To file your trade name by mail, you can mail the document to:
Oklahoma Secretary of State
421 N.W. 13th St., Suite 210
Oklahoma City, OK 73103
Conclusion
If you’re looking to have a recognizable, catchy, or clever name for your business, establishing a DBA name is a smart choice. It’s a great way to help customers understand what your business is and what it does. Filing is a simple process and can help you project the right brand identity to drive business success. And if you’re just getting started, learning how to start an LLC in Oklahoma is the first step before registering a DBA for your business.
FAQ
You only need one if you do business under a name other than your legal name. In that case, Oklahoma law requires you to file a trade name report with the Secretary of State. The fee is $25.