The importance of choosing the perfect name for your new business cannot be understated. It will allow you to effectively market your goods and services and develop a brand identity. Entrepreneurs often discover that one name may not be enough to reach a wide variety of demographics or attract new customers. That’s why savvy business professionals take the time to acquire a “doing business as” name, commonly referred to as a DBA in Utah.
Filing for an assumed business name that differs from the one on your initial LLC filing opens doors that might otherwise be closed. The process of filling out the paperwork and petitioning the Utah Division of Commerce and Corporations can be relatively straightforward. You will need to closely follow the required steps and understand the rules to have a Utah certificate of assumed or fictitious name approved. However, missteps and not representing the DBA correctly can result in unwelcome consequences.
If you are interested in learning more about securing a DBA in Utah, why they are important and following the process, this is what you need to know.
After launching a business, it may seem redundant to turn around and apply for a fictitious name you are unlikely to use immediately. After all, you most likely racked your brain to create a list of LLC names that served your business interests. Whether you personally undertook the LLC filing process or outsourced it to a third-party platform, you presumably learned many of the popular business entity names were already taken. That’s an important facet of owning or operating an organization. Unless you file for a DBA Utah recognizes now, it may not be available when you need it.
That being said, a DBA in Utah is simply a legally recognized moniker an enterprise can leverage for branding, marketing, and expanding into new product lines or services. It can sync with a domain or be reserved for later use. Applying for a DBA in Utah is inexpensive, even though it offers tremendous benefits, regardless of whether you own or operate an LLC, sole proprietorship, partnership, or corporation. For a modest fee and investing the time to negotiate the Utah bureaucracy, a certificate of assumed or fictitious name is within reach.
Adding a DBA in Utah provides significant professional benefits that your operation might not otherwise enjoy. For sole proprietors, it allows you to put forward a business name that is separate and distinct from your personal one. Making that kind of strategic move adds a level of formality that resonates with customers while giving you a layer of privacy. These rank among the primary reasons people and organizations benefit from securing a DBA.
It’s important to keep in mind that adding a fictitious name in Utah does not create additional tax filing requirements. Nor does it necessarily mean that you have to get an Employer Identification Number (EIN).
Other than investing the time and energy and paying a small fee, there isn’t any real downside to retaining a DBA as a business asset. There are a few things that relatively inexperienced business professionals should keep in mind. Operating under a DBA does not provide the liability protection you gain under an LLC in Utah. However, attaching the DBA to an LLC affords you all the legal and tax benefits necessary to earn a living without worry.
The consequences of operating under a fictitious name in Utah without registering it with the Division of Commerce and Corporations can prove costly. According to Utah law (UT Code § 42-2-10), using an unregistered DBA voids your ability to file civil lawsuits. That means you may be unable to recover damages or take someone to court for non-payment. Failure to file a DBA may result in fines upwards of three times what it would cost to file it in the first place.
There are a great many misconceptions about working with an assumed business name in Utah. For example, professionals who have not previously employed a DBA sometimes operate under the idea that multiple tax filings will be required. The good news is that adding a “doing business as” name does not in any way change your tax position. The filing fee and any expenses you incur can typically be deducted from the business, thus lowering your taxes. Regardless of how many DBAs you decide to accumulate, your tax considerations remain the same.
Before visiting the Division of Commerce and Corporations platform, it’s essential to remember that Utah has established naming rules. This aspect of acquiring a DBA is generally consistent with other states’ operations. You’ll need to become intimately familiar with the DBA Utah regulations in order to gain approval. Names that do not conform will likely be rejected, and you’ll need to start the process over. That’s also why industry leaders outsource Utah DBA registrations to experienced organizations that provide business services.
Chapter 2: Conducting Business Under Assumed Name of the Utah legal code outlines the naming requirements filers are tasked with following. Written in legalese, it can be dense and difficult to understand. These are the broad strokes you’ll need to know to compile a list of DBAs the state will accept and approve.
Failing to meet the Utah DBA naming guidelines will result in a denial of your application. It’s also important to have a list of unique names handy as you begin the process.
Given that every DBA must be unique and easily distinguishable from others in Utah, compile a list of options you can run through Utah’s Division of Corporations business search. It may also be prudent to conduct a trademark search to ensure another organization or individual doesn’t file a cease and desist civil lawsuit.
The business name availability search tool allows you to enter possible names and check them against existing entities and in-use DBAs. If you enter a name that comes up as active, repeat the process until one of your preferred DBA names doesn’t appear.
Before you dive into the portal, make sure you have all the required documents and information readily available. These include your list of possible DBAs, legal entity name, business address, ownership, contact information and the type of operation. All of this information will be needed to complete the DBA form. To successfully acquire a DBA in Utah, you must follow the procedural steps in order and to the letter.
Utah provides a Business Name Registration/DBA Application to register your fictitious name. The application can be downloaded and printed. Once completed, you have the option of mailing, faxing, or delivering it in person. The majority of professionals choose the online filing option. Have the following information ready.
Regardless of your preferred filing method, Utah charges a standard $22. Processing typically takes approximately 7 business days once it has been received. Expedited processing costs an additional $97.
File online at:
Utah Division of Corporations and Commercial Code
Mail to:
Utah Division of Corporations and Commercial Code
PO Box 146705
Salt Lake City, Utah 84114-6705
Fax to:
(801) 530-6438
Hand-deliver to:
Heber M. Wells Building
160 East 300 South
1st FloorSalt Lake City, Utah 84111
The ideal Utah DBA helps businesses of all types and sizes explore new opportunities. A sole proprietor adds privacy and a Utah LLC gains a label for new goods and services. At the end of the day, proactive industry leaders add an asset that supports expansion and goal achievement.
The short answer is: No, but… Filing a DBA in Utah remains completely optional. But it delivers substance growth, expansion, privacy and other benefits. Considering the nominal fee, it generally makes sense to reserve a Utah DBA that could come in handy.
This portion of our website is for informational or educational purposes only. Tailor Brands is not a law firm, and the information on this website does not constitute 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 on this page.
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