How to File a DBA in Kansas

A strong business name is crucial for creating a recognizable brand and connecting with your customers. Starting a business and creating a business entity (e.g. a Kansas LLC) requires registering an official name, and sole proprietors automatically use their name as an official business name. Sometimes these aren’t good names when it comes to branding and connecting.

A DBA allows you to brand, connect and otherwise operate using a different business name. Here’s what you need to know about a DBA in Kansas.

What is a DBA?

A DBA (doing business as) is an assumed or trade name that allows your business to operate under a name other than its official name. A DBA doesn’t create a separate legal entity, but is for marketing and branding your current business.

The terms DBA, trade business name, assumed business name and fictitious name all refer to the same thing: a different name by which a business can operate.

Kansas doesn’t require (or even have) an official state process to register a DBA. Check with your city and county clerk in case a local filing or license applies.

Because Kansas doesn’t have a state DBA or trade name registry, you can’t obtain a certificate of assumed or fictitious name from the state.

Benefits of a DBA

In jurisdictions where you can register a DBA, there are several benefits to doing so:

• Exclusive use: A registered DBA normally gives your business exclusive use of the trade name.
• Any business structure: Any type of business, including sole proprietors, partnerships, LLCs and corporations, can register a DBA. There’s no requirement for sole proprietors to go through the process (and pay for) creating an LLC.
• No EIN required: An employer identification number (EIN) functions like a Social Security number for a business, especially with regard to taxes. You don’t need an EIN in order to register a DBA.
• No designator required: Businesses other than sole proprietors are usually required to use a designator, such as LLC, LLP or Corp, in their official name. There’s no such requirement for DBAs.

Disadvantages of a DBA

DBAs also have limitations, and it’s important to understand what those are:

• No statewide registry: There’s not an option to register a statewide DBA in Kansas. Any local filing, where one applies, only covers that city or county.
• No guaranteed right: In Kansas, a local DBA filing doesn’t necessarily give your business the rights to a name. Ownership of a business name is usually determined by which business first used the name. To protect a brand name, consider a Kansas trademark or service mark registration with the Secretary of State or a USPTO registration.
• No liability protection: A DBA doesn’t create a separate legal entity. This means that sole proprietors and partnerships remain personally liable for business debts and legal obligations.

Consequences for operating with a DBA without registration

There aren’t any statewide legal consequences for using a trade name without registering a DBA in Kansas. Check local rules with your city and county clerk to make sure no local filing applies to your business.

Tax considerations

A DBA doesn’t change how your business is taxed. Your tax obligations remain tied to your business structure, whether it’s a sole proprietorship, LLC, partnership, or corporation. Filing a DBA won’t result in additional tax benefits or liabilities.

Having a DBA in Kansas

Kansas doesn’t require that you file a DBA with the state, and doesn’t even have a way to do so. As far as the state is concerned, you can immediately begin using any name that meets the state’s requirements and isn’t being used by another business.

Kansas has no state DBA registration, so check with your city and county clerk in case a local filing or license applies. Here’s how to check your local requirements, and file if you need to.

Kansas name requirements

Kansas’s name requirements for businesses generally are as follows:

• Distinguishable: Your name must be distinguishable on the Secretary of State’s records (K.S.A. 17-7918). Small differences count. For example, singular vs. plural and “1” vs. “One” are distinguishable.
• Prohibited words: Anything that would imply a government affiliation generally isn’t permissible. For instance, you usually can’t use “Treasury” or “FBI.”
• Restricted words: Certain words, like “bank” and “CPA,” are restricted so that only appropriate businesses may use them.

While not a state requirement, it’s also advisable that your business name be distinguishable from any names that are currently being used, even if they aren’t actually registered with the state. If you choose a name that’s already being used, the other business might bring legal action to stop you from continuing to use the name.

Begin with a Kansas name search

Checking whether a business name is currently in use requires running a state check and a Google search. Our Kansas business search guide walks through the state check in more detail.

First, use the Kansas Secretary of State’s Name Availability Search to see whether any business has registered your chosen name.

You only need to search your exact name, as even minute differences are considered distinguishable. Certain terms (e.g. “association,” “LLC”) aren’t considered distinguishable, but the search automatically removes these terms from your search.

If the Name Availability Search shows that your chosen name is already registered, you’ll have to find a different name, or at least one that’s distinguishable.

Second, a Google search will show whether any businesses are currently using the name. Search your business name in quotes, using it alone, with “Kansas” and with your local town or city. If there’s a Kansas business already using the name, you’ll need to at least make yours distinguishable. Of course, you can alternatively use an entirely different name.

Steps to register a DBA for your business in Kansas

As far as the State of Kansas is concerned, you don’t need to register your business’s DBA, trade name, assumed business name or fictitious name.

It’s still worth checking with your city and county clerk in case a local filing or license applies.

Step 1: Check with the local clerks

The best sources of information on local business requirements are the county clerk and town/city clerk. Check with each to see whether a local filing or license applies to your business. Our guide to Kansas business licenses and permits covers the state and local licenses you may also need.

Make sure to check with the clerks in each jurisdiction where your business operates. You might have to register multiple DBAs if your business has several locations, or if it offers services in several counties.

If you’re required to register a DBA (or multiple), you’ll have to complete the other steps for each DBA.

Step 2: Complete the form

If needed, you’ll have to complete a form to register your business’s DBA. Most forms are 1-2 pages, and require only basic information about your business. The clerk can provide the form, and you can probably complete it while you’re there.

Some counties and cities might have an online form that you can complete. Not all local governments have online form submissions, but this is a more convenient option if available.

Step 3: Submit and pay a fee

Submit the completed application and pay the local DBA fee. Fees, if any, are set locally.

Assuming you’re filing a paper form, either mail it to the clerk or drop it off with them. The address should be listed on the form. You can usually pay by check if mailing, or check, cash or card if dropping off.

Processing might take up to a few days, but is usually fairly quick. The clerk can tell you how long most DBA applications take to process.

Filing Online vs filing by mail

Some counties and cities allow you to file a DBA, but many still only use paper forms. Online is certainly more convenient if it’s an option.

Paper forms can be mailed to the county or city clerk, or you can drop the form off at the clerk’s office. Be sure to include payment if mailing.

Conclusion

If you have a great trade name for your Kansas business, check whether it’s available and whether you need to file a local DBA. Once that’s done, you can start building your brand and growing your business under the new name. And if you’re planning to expand or formalize your structure in the future, learning how to form an LLC in Kansas can be a smart next step.

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