An essential step when forming a new business in Louisiana is choosing a name for your company. In some cases, one name isn’t enough. If you want or need to operate under multiple business names, or want to use something different from your company’s legal name, you’re going to need to file a “Doing Business As” (DBA) with the state.
The good news? Filing for a DBA in Louisiana is relatively easy. It’s important to know what you’re doing and follow all the steps to avoid unwanted complications and potential penalties. Are you ready to get started choosing a new name for your company to do business in Louisiana? Here’s everything you need to know:
What is a DBA (“Doing Business As”)
You might be wondering, what is a DBA? A DBA, also known as an “assumed name,” “fictitious name,” or “trade name,” allows businesses to operate under a name that’s different from their legal business name. In Louisiana, these registrations are officially known as “trade names.” With a DBA, you’ll be able to market your company, invoice customers, open a business bank account, and perform other business activities under the new name while still being able to use your original business name too.
Who needs a DBA?
There are multiple reasons why a business may want to file for a DBA in Louisiana. In most cases, businesses are expanding into new markets or product lines. For example, a restaurant named “Katie’s Cooking LLC” may want to expand into offering sauces and spices. They could file a DBA to operate under “Katie’s Saucy Seasonings” to better align the name to the new offerings. Businesses also use DBAs to rebrand or reach a certain market segment. If the business operates in different states, they may have a different DBA for each of those operations that reflect the culture of the area. It’s a unique way to enhance a business. DBAs are used by all types of businesses, including sole proprietorships, partnerships, LLCs, and corporations. DBAs offer flexibility for freelancers working under their personal name, and established businesses with multiple brands.
Benefits of a DBA
The primary benefit of a DBA is that it allows businesses to create new public identities without changing the structure of the company or forming new legal entities. This has multiple advantages when it comes to marketing and building a strong brand identity.
Another key advantage is that registering a DBA allows businesses to establish a professional business name even if they haven’t formed a separate legal entity. For sole proprietors and partnerships who want to operate under a business name rather than their personal names, this is gold.
DBAs are also advantageous because you don’t have to get a new Employer Identification Number (EIN) if you don’t need one. Sole proprietors without employees and single-member LLCs can use their Social Security numbers for tax purposes.
Disadvantages of a DBA
It’s important to recognize that a DBA is an alias, not an entity. This means that a DBA does not provide personal liability protection. The business owner remains personally liable for all business debts, obligations, and legal issues. For this reason, most Louisiana business owners usually form an LLC or corporation instead of operating as a sole proprietor with a DBA.
The only other drawback of having a DBA is the administration. DBAs can confuse customers if the company has a lot of different names. The key to having a DBA is using it strategically to enhance marketing efforts. This can help build a strong, reputable brand. Also, maintaining multiple DBAs means managing all the name registrations and keeping track of renewal dates.
Consequences for operating without a proper DBA registration
While Louisiana isn’t strict in requiring sole proprietors to register a DBA, the consequences for operating under an assumed name without being registered can be costly. First, you’ll have limited legal protection. Second, you need proof of registration to open a bank account. Third, the state can impose fines or take legal action for improper use of a business name. This could result in fines, legal complications, and business disruption.
Tax considerations
DBAs have no impact on how your business is taxed. This is just a name registration, and you’ll continue filing taxes like you have been. There is no effect on your tax status, reporting requirements, or need for a EIN.
Filing for a DBA in Louisiana
If you feel that a DBA is the right choice for your Louisiana business, you must register your name with the state. Here are some important considerations before beginning the process, then we’ll cover the steps you need to take when registering your DBA.
Name requirements
Louisiana has specific requirements for trade names you must follow. Your DBA cannot include business entity designators like “LLC,” “Inc.,” “Corp.,” “LLP,” or “LP” unless your business is that type of entity. This prevents businesses from falsely suggesting they have that legal structure in place.
There are also restricted words that can’t be used without prior approval. These words include “bank,” “banker,” “banking,” “trust,” “trustee,” or “credit union.” You’ll have to get approval from the Louisiana Commissioner of the Office of Financial Institutions.
If you’re trying to use “engineer,” “engineering,” “surveyor,” or “surveying,” you’ll have to get approval from the Louisiana Professional Engineering and Land Surveying Board.
Another thing they look for if the name falsely suggests you are a nonprofit, charity, or government organization, and it should not contain any words that are immoral, scandalous, deceptive, or unlawful.
Begin with Louisiana Assumed Name Search
Since your trade name must be distinguishable from your existing business name, the first thing to do is confirm it’s available. Use the business entity search tool provided by the Louisiana Secretary of State. Searching by entity and trade names is key to avoid trying to register something that’s already taken.
Also, search online and in the U.S. Patent and Trademark Office database. Once you’ve found a name you can use, you can reserve it for 120 days if you’re not ready to start using it. You must file an Application for Reservation of Trade Name which costs $25. This gives you additional time to prepare your paperwork.
Steps to register your Louisiana DBA
Once you’re ready to register the name you’ve selected after doing your research and confirming it’s available, you can register it with the Louisiana Secretary of State. Here is a step-by-step guide of the process:
Step 1: Confirm you’re using the name
Louisiana requires that you must actually be using your trade name before you can register it. You cannot register a name you plan to use in the future. When completing your registration form, you’ll need to provide the date you first started using the trade name, and the date used in Louisiana.
Step 2: Prepare your information
Make sure you have all the information you need ready when filling out the registration form. This includes your legal or personal name, the trade name you’re registering, your business address, nature of your business, owners’ names and contact information, the dates you began using the name, and if you have an EIN.
Step 3: Complete the application to register the trade name
You’ll need to fill out the “Application to Register Trade Name, Trademark, or Service Mark” form. You’ll find this on the Louisiana Secretary of State website. Take your time and carefully complete the registration form as accurately as possible to avoid any mistakes that could cause delays. Additionally, your application must be notarized before submission. If you don’t have your application notarized, your application will be rejected.
Step 4: File the registration form
You have two options for filing your trade name registration, which is online or by mail. To file online, visit the Louisiana GeauxBiz website and complete the filing process electronically. Filing online is usually processed faster and you receive immediate confirmation. If you prefer to file by mail, send your completed and notarized application to:
Commercial Division
P.O. Box 94125
Baton Rouge, LA 70804-9125
You can also file in person at: Louisiana Secretary of State, 8585 Archives Ave., Baton Rouge, LA 70809
Step 5: Pay the filing fee
Once you submit your Application to Register Trade Name, you’ll have to pay a filing fee. The standard filing fee is $75 for mail or in-person submissions, and $80 for online filings. You can also pay by check or money order made out to the State of Louisiana, or by credit card. If you need it expedited, there are additional fees.
Conclusion
Filing for a DBA in Louisiana is an affordable and straightforward way to operate under a new business name without changing your company’s legal structure. It’s perfect for business owners looking to expand, rebrand, or build a stronger market presence while keeping things simple.
Just remember that a DBA doesn’t offer personal liability protection. If you want to safeguard your assets and create a more formal business structure, consider forming an LLC instead. Learn more about how to start an LLC in Louisiana to take the next step in building a secure and professional foundation for your business.
FAQ
No. Registering a DBA in Louisiana is not legally required, especially for sole proprietors but it does depend on your business needs and intended strategy. Registration provides a clear legal record that you are using the name. It may not seem like a big deal now, but could have significant legal implications in the future.
A Louisiana DBA (trade name) lasts for 10 years from the date it’s filed with the Secretary of State. You can renew it by submitting a renewal application and paying the required fee before it expires. If you don’t renew on time, the name becomes available for others to register.
Yes. A single business can register multiple DBAs in Louisiana, as long as each trade name is unique and complies with state naming rules. Many companies use different DBAs to brand various products, services, or business divisions under one legal entity.