If you are starting a business in New Hampshire, or already have a business or an LLC, but thinking about using a different name for it, then you need to file an application for Doing Business As (DBA) with the state or Application for Registration of Trade Name as it is referred to in New Hampshire.
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 file a DBA with your company’s legal name. 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.
A DBA is also referred to as a “trade name,” “fictious 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.
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.
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.
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.
New Hampshire has some requirements for DBA (Trade Name) registration. A few of the most important ones are:
Begin by searching the New Hampshire Business Name 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 fill it out online, or you can download the form and fill it out by hand. You can then mail it, or hand deliver it.
Information required for the form includes:
In New Hampshire, the filing fee is $50.
If you choose to file online, your application will be processed within 3 to 7 business days. If you file by mail, it takes from one to 3 weeks to process.
If you choose to mail your form, send an originally signed document to:
New Hampshire Department of State, Corporation Division
107 North Main Street
Concord, NH 03301
You can drop it off in person at this same address.
Filing for a DBA in New Hampshire is a great way to create a new public identity, enhance your brand, and perhaps make your business more fun. 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.
The short answer is yes. The New Hampshire Department of State decalres that any business that operates in the state using a different name than their legal name must register for a trade name. They give an example: “John D. Smith doing business as “John D. Smith” does not have to register; however, if he conducts business as “John Smith Enterprises” he does have to register because “Enterprises” is not part of his legal name.”
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
Products
Resources
@2024 Copyright Tailor Brands