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Fictitious Business Name/DBA in Nevada
Last updated Saturday, May 25, 2024
The abbreviation DBA
means “doing business as” and is also referred to as a fictitious business name.
A DBA is a registered name that a company or person utilizes to do business
under that is not the legal name. The legal name of a company is different
depending on its business structure. For LLCs, the legal name defaults to the
name of the company. For sole proprietors and general partnerships, the legal
name is the name of the person(s) that owns the company.
DBA application filing is
only required if you operate a corporation or LLC under a name other than the
name that was filed with either the articles of incorporation, or articles of
organization. It is generally not necessary for you to create a DBA for a
corporation or limited liability company (LLC). However, there are some
instances in which you might want to depending on certain factors.
Specifically, an LLC is a popular business type offering the liability
protections of a corporation without the formalities typically required of
corporations. A DBA only changes the name of your business. It changes nothing
else.
It is required by Nevada Revised Statutes (NRS 602.010) that every
person doing business in the state of Nevada under an assumed or fictitious
name that is different from the legal name of each person who owns an interest
in the business must file with the County Clerk of each county in which the
business is being conducted a certificate containing the information
required by the above Nevada Revised Statute. Registering a fictitious business
name in Nevada does not prevent others from using the same name. However, it is
still recommended that you pick a unique name. Nevada fictitious firm names
must meet the state requirements. You will search the specific county clerk’s
office where you intend to do business primarily.
To create an LLC or
corporation, you must file articles of organization with the appropriate state
agency, usually the Secretary of State's office. In contrast to a DBA, it is a
formal entity with its own separate legal existence. Its articles of organization
must state the company's legal name, which cannot be too similar to any other
existing entities in the state. This type of business structure does not need a
fictitious name as long as it's conducted under its legal name.
An individual operating a
sole proprietorship must file DBA paperwork if he is not using his own legal
name as the company's name. An LLC or corporation does not generally need this,
but you may want or need one if you want to do work under a name different from
the company's legal name.
In
order to conduct business in Nevada under a name that is different from your
own, you must file a form with the county clerk. This is known either as
a “fictitious firm name” or “DBA” (Doing Business As). For example, if
your legal name is John Doe, and you want to open Joe's Hardware as a sole
proprietor, you need to register “Joe's Hardware” as a DBA before you open your
business. This will enable you to get a business license and also to open
a business bank account. A corporation or LLC may also need to file a DBA in
order to conduct business in Nevada under a name different from the official
name on the incorporation or organization filing. For example, if Joe's
Widgets, Inc. wishes to open a business called Gadget World, they need to
register “Gadget World” as a DBA. Most banks require a Nevada DBA registration
and a certified copy of the Nevada DBA before opening a business bank account.
In most Nevada counties, the application form for a DBA is only one page long,
costs $20 to file, and does not expire for 5 years.
Why
do you need a DBA?
·
A DBA keeps things simple for small businesses. A DBA is the best
way for a sole proprietorship to operate under a fictitious business name
without forming a separate LLC or corporation.
·
A DBA simplifies branding and marketing in Nevada. The business
name you decide on is your first impression. Your DBA name is your brand name.
For example, clients would not know that Jake Smith opened a bakery without a
DBA. His Nevada DBA allows him to operate under the new name, Jake’s Baked
Goods.
·
A DBA benefits your LLC or incorporation. A DBA allows an LLC to
operate various companies in different lines of business. For example, Joe’s
Seeds and Plants LLC opens a flower shop. Joe’s Seeds and Plants LLC registers
a DBA name in Nevada to open The Sunflower Shop’s flower shop. The flower shop
can now operate using a fictitious name.
·
A DBA keeps business banking simple. A DBA helps protect the
business owner and their personal assets and credit scores. Most financial
institutions require that new businesses file a DBA before opening a business
bank account using the new name. However, a DBA does not offer legal protection
or liability protection by itself.
·
A DBA addresses the privacy of business owners. Registering a DBA
allows small business owners the freedom to use a fictitious business name on
public-facing material rather than using their personal name.
If you want to conduct
business under any variant of its legal name, you will need to obtain a DBA.
Here are some reasons why you might want to:
·
When you don't
want to use the "LLC" in your company's name, as state law usually
specifies that the company must include this designation in its legal name.
·
When you want to use
your establishment as an umbrella for several related ones.
·
When you want to
expand into another state that has an existing business with a confusingly
similar name. To grow your business into additional states, you must register
with each new state as a foreign LLC or corporation and obtain permission to
operate there. If a state already has a company operating under a name similar
to yours, you will need a fictitious name for a different name to work there.
Nevada
DBA tax considerations:
·
In Nevada, a DBA just changes the name of your business.
·
A DBA has no effect on the status of a business entity for tax
purposes.
·
You do not have to have a separate employer identification number
because a DBA is not a legal entity.
·
Federally, the IRS does not require that you have a separate tax
ID number.
An LLC and corporation are
created at the state level, while DBA applications are usually submitted at the
county or city level. This regulatory framework aims to protect consumers by
making it clear who really owns and operates an establishment. As noted above,
if an individual with a sole proprietorship wants to use any name but her own
for her business, she must file for a fictitious name with the appropriate
office in her locality. Having an assumed name does not create a separate legal
entity. It is merely a name to trade under. Therefore, unlike a limited
liability company or corporation, it offers you no protection from your
company's debts and liabilities.
Nevada Revised
Statutes: Section 602.010 Filing
of certificate with county clerk
·
Every person doing
business in this state under an assumed or fictitious name that is in any way
different from the legal name of each person who owns an interest in the
business, must file with the County Clerk of each county in which the business
is being conducted, a certificate containing the information required by NRS 602.020.
·
A person intending to
conduct a business under an assumed or fictitious name may, before initiating
the conduct of the business, file a certificate with the County Clerk of each
county in which the business is intended to be conducted.
·
If the Board of County
Commissioners of a county has adopted an ordinance pursuant to NRS 602.035,
a certificate filed pursuant to this section expires 5 years after it is filed
with the County Clerk.
The filing of a fictitious firm name does not give exclusive
rights to the use of that name. An FFN
filing is also required by the Business License office before issuing a
business license under a fictitious name. A person doing business in this state
without complying with the requirements of this chapter or having falsely filed
a certificate of termination is guilty of a misdemeanor (NRS 602.090). Each
individual business name must have a separate filing.
In Nevada, a fictitious name can’t contain any of the following:
·
Business suffixes such as LLC, Incorporated, Inc,
etc., unless that is the actual business structure.
·
Any words or phrases related to financial institutions
such as bank, banc, credit union, etc., unless approved by the Nevada Commissioner of Financial Institutions.
·
Any words related to mortgage lending companies such
as financial, mortgage, etc., unless approved by the Nevada Division of Mortgage Lending.
·
Any words related to accounting such as accountant,
auditor, auditing, accountant, CPA, etc., unless approved by the Nevada
State Board of Accounting.
·
Any words related to architecture such as architect,
architecture, licensed architect, interior, licensed residential designer,
etc., unless approved by the Nevada
State Board of Architecture, Interior Design, and Residential Design.
·
Any words related to engineering such as engineer,
engineering, licensed engineer, etc., unless approved by The Nevada Board of Professional Engineers and Land
Surveyors.
You can find additional Nevada DBA naming restrictions in Nevada Revised
Statutes § 86.171
County Clerk Information
For Filing A Fictitious Firm Name Or DBA (Doing Business As)
|
COUNTY |
ADDRESS |
PHONE |
|
Carson City |
108 E. Proctor Street Carson City, NV. 89701 |
775-887-2105 |
|
Churchill County |
155 N. Taylor St., Suite 110 Fallon, NV. 89406-2748 |
775-423-6028 |
|
Clark County |
500 S. Grand Central Pkwy., 1st Floor P.O.Box 551604 Las Vegas,
NV. 89155-1604 |
702-671-0500 |
|
Douglas County |
1594 Esmeralda St. P.O.Box 218 Minden, NV. 89423-0218 |
775-782-9023 |
|
Elko County |
571 Idaho St. 3rd Floor Elko, NV. 89801-3700 |
775-753-4600 |
|
Esmeralda County |
P.O. Box 547 Goldfield, NV. 89013-0547 |
775-485-6367 |
|
Eureka County |
P.O. Box 677 Eureka, NV. 89316-0677 |
775-237-5262 |
|
Humboldt County |
50 W. 5th St., #207 Winnemucca, NV. 89445-3199 |
775-623-6343 |
|
Lander County |
315 S. Humboldt St. Battle Mountain, NV. 89820-9998 |
775-635-5738 |
|
Lincoln County |
1 North Maine St. P.O. Box 90Pioche, NV. 89043-0090 |
775-962-5390 |
|
Lyon County |
27 South Main St. Yerington, NV. 89447-0816 |
775-463-6502 |
|
Mineral County |
105 South "A" St., Suite 1 P.O.Box 1450 Hawthorne, NV.
89415-1450 |
775-945-2446 |
|
Nye County |
101 Radar Road P.O. Box 1031 Tonopah, NV. 89049-1031 |
775-482-8127 |
|
Pershing County |
400 Main St. P.O. Box 820 Lovelock, NV. 89419-0820 |
775-273-2208 |
|
Storey County |
County Court House, "B" St, Drawer "D"
Virginia City, NV. 89440-0139 |
775-847-0969 |
|
Washoe County |
1001 E. 9th Street Building A, 1st Floor Reno, NV. 89512 |
775-784-7287 |
|
White Pine County |
801 Clark Street, Suite 4 Ely, NV. 89301-0659 |
775-293-6509 |
Nevada
Commercial Registered Agent
Entity # E0502742015-6
NV Business ID NV20151637034
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Revised May 25, 2024 8:15 AM
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