There’s a lot to consider when starting a business, but naming is one of the most important decisions. Many business owners will ultimately opt to use a fictitious name or a DBA. Keep reading to learn why this option exists and how key naming requirements can be fulfilled as you launch your LLC in Nevada.
Doing business as (DBA) references the common need for an alternate name — especially among sole proprietors. In Nevada, this additional label is officially known as a fictitious name. It is handled at the county level but common among businesses across the state.
As mentioned, a Nevada DBA can be a valuable option for any single-member LLC that intends to conduct business under a different name.
For example: a photographer named Susan Jane Fox might want to do business under the name Susan Jane Photography. If so, she would first need to register as a DBA with the state of Nevada. Upon doing so, she would be able to operate with her preferred name — thereby enhancing her credibility as a business owner and better standing out to prospective clients.
Doing business can also be helpful for larger entities. Often, for example, it’s beneficial to launch a specific branch of a business rather than open an entirely new entity. This makes it easier to provide a wider range of products or services that appeal to specific types of clients or customers.
While DBA is generally advantageous, there are a few downsides worth nothing. Chief among these? The general lack of liability protection. This may come as a surprise to some, who assume that DBAs act as a safeguard. In reality, however, DBA is nothing more than a naming designation. As such, many sole proprietors and general partnerships secure fictitious names without ever actually obtaining genuine liability protection.
If you’re intent on safeguarding against liability, you’ll need to undergo the full process of launching an LLC or corporation. An LLC can be an excellent middle ground, but be prepared to complete major paperwork, including the articles of organization and an operating agreement.
Another minor downside? Regardless of whether you opt to run an LLC, sole proprietorship, or general partnership, you’ll need to undergo the often confusing process of registering your DBA. As previously mentioned, this occurs at the county level. The lack of state-level oversight can prompt significant challenges, as the DBA process can look considerably different depending on where your business is based.
With so much paperwork required, it can be tempting to simply operate your business under a fictitious name without actually submitting any official forms or fees. This approach is incredibly risky, as you may later struggle to enforce contracts previously signed under your business name. This can be especially problematic from a liability perspective; if you fail to disclose the name of your business, you risk being held personally liable for losses sustained by other parties.
If you’re worried about the tax implications of registering for DBA in Nevada, relax: there are none. From a tax perspective, DBA is essentially meaningless. In fact, straightforward taxation procedures represent a key benefit of obtaining a fictitious name. Under this approach, it’s possible to make the most of a targeted name without changing taxation procedures. Remember: using a DBA does not change the official structure of your Nevada business.
Once you’ve decided whether to use a DBA in Nevada, it’s time to make it official. Begin by getting in touch with the relevant county clerk based on where your business is located. Remember: fictitious names are not handled at the state level.
Prior to choosing a fictitious name, it’s important to understand general business name requirements in Nevada. These will depend largely on the type of entity you run.
An LLC, for example, must include a designator such as “limited liability company” (or relevant abbreviations) in its name. Nevada also maintains a long list of prohibited words for business names. Take a close look at this restricted words list before selecting a name — fictitious or otherwise.
There are multiple options available for determining name availability. If you run an LLC, you’ll want to conduct a search via the SilverFlume portal. If you launch an LLC, you may also be able to take advantage of name reservations through the Secretary of State. This option is not available to local sole proprietors or general partners.
If you’re specifically searching for an assumed name, you’ll need to do so at the county level. The Clark County Clerk’s Office, for example, offers a fictitious firm name search tool online.
You’ll need to verify specific DBA procedures and fees with your local county clerk. Thankfully, many provide easy access to fictitious firm name (FFN) forms online. That being said, you may need to print the provided form and submit it in person or by mail.
Keep in mind that separate forms are typically provided for sole proprietors, partnerships, and registered entities. Keep an eye on requirements for renewals, mailing address updates, and fictitious name termination. Again, requirements vary from one location to the next. In Clark County, for example, fictitious names must be renewed within five years of the original date of filing.
No matter which type of business you run in Nevada, it’s worth your while to consider adopting a fictitious name. This solution could provide much-needed flexibility or credibility. As long as you remember what a fictitious name can and cannot accomplish, establishing a DBA could provide considerable advantages.
DBA is absolutely not necessary for starting or running a business in Nevada. There is no state law that indicates the need for LLCs (or even sole proprietors or general partners) to do business under a fictitious name.
That being said, it can be helpful for many local business owners to maintain an alternate name. Ultimately, this decision will come down to your preferred business strategies. It’s definitely worth considering, even if it requires a little extra paperwork at the local level.
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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