How to Set Up a DBA in West Virginia

What is a DBA?

The term “DBA” stands for “doing business as.” It’s an acronym that addresses when a business operates under a different name than its legal name, such as a fictitious name. Many people use a DBA because the company name may be a sole proprietorship or personal name and may not be a good descriptive name for marketing. 

A DBA can be used by any type of business, from a limited liability company (LLC) to a corporation, but its primary use tends to be with sole proprietors who don’t want to use their name, which is the business’s legal name, as the name they do business under. 

How to search DBA names in West Virginia

While it is cheap and easy to start using a DBA or assumed name, you can’t just decide to do it. There is a legal process to use a DBA in West Virginia, and that is through a DBA registration. A DBA should be distinctive enough from other businesses so that it serves you well and you avoid legal hassle. 

That’s why it’s important to search DBA names in West Virginia to make sure you have one that represents your business alone. The best place to start is with the West Virginia Secretary of State website. The county clerk’s office is another place to check. That’s where they issue business licenses.

Follow these steps:

There is a free tool on the page where you can type the name you want to use to see if others are using it.

You will see a list of businesses that have a registered name either exactly like yours or close to your selection.  If it’s in use, you can’t use it. If it’s not, it’s available to use.

Entrepreneurs who find a distinguishable fictitious business name they like can reserve it by filling out the state application for a trade name or DBA. It’s a simple form that asks about the DBA’s address and entity structure. You can fill it out online and submit with payment or mail it in with a check or money order.

West Virginia has a Business Registration Unit where sole proprietors, those in general partnerships, an association, or a joint venture, can call to check name availability and discuss the name of your business. The phone number is (304)448-3333 or 1-800-982-8297.

How to register a DBA in West Virginia

West Virginia has some rules that differ slightly from other states regarding DBA applications. Everyone from sole proprietors to registered businesses fills out the same form and pays the same fee. They also have the same state-level rules.

The state reserves the right to reject any name that isn’t distinguishable, and you won’t be refunded the fee if declined. It urges those seeking a DBA to call the business number first at (304)448-3333 or 1-800-982-8297 to be sure the proposed DBA is available. 

Those filing as a franchise must include a copy of the first page of the franchise agreement, which must have the signature. Any that doesn’t have a signature will be returned as incomplete. 

You can submit the form electronically here or print it out and mail it to one of three locations nearest to you:

The state will send you a name certificate if you include a self-addressed stamped envelope. This is optional. If you’d like a copy for your records, you can request one, but it’s not required.

What comes next

Once you register your DBA, you will need to do several things to set up your business in West Virginia completely. These steps will keep you legal and ready to grow.

Banks will give your business a checking account using your DBA name. They will go through the process of checking you personally before opening a business bank account, but then you’ll be able to accept payments and pay bills using the business DBA name instead of your own.

It’s a good idea to set up a business savings account too. As an entrepreneur, you’re responsible for paying taxes. You can use the account to set money aside to meet your tax burden, save for new equipment or building renovations, or just save for emergencies.

You can also apply for a credit card in your business name.

A federal employer identification number (EIN) identifies your business to the IRS. Most DBAs do get an EIN. You will need it to file a business return rather than file your business proceeds under your personal return, as people do in a sole proprietorship. You will also need it for vendor purchases and hiring too. 

States have rules about taxing DBAs and how that is done as a business entity. You should check to see how West Virginia handles these kinds of taxes. You can find out more here.

The state handles workman’s compensation laws. To avoid fines and penalties, you should find out what the rules are in West Virginia before agreeing to hire anyone. Getting liability insurance for your business is always a good idea to protect it from lawsuits. You can find out about West Virginia insurance requirements and liability protection here.

Writing down your goals, even if you operate your business alone, is a good idea. This provides some business structure you can refer back to later as you grow. It also helps you think through things, like how to handle a customer complaint before they happen, so you are consistent. Having a business plan helps obtain lenders too.

A marketing plan should be created as you are planning your business. It should include all forms of advertising from a local newspaper, radio, television, and online marketing. It should also have a branding campaign, so you start with an image set in the publics’ minds.

Most companies reserve a domain name that matches their DBA. The website often serves as a strong digital marketing tool, so make it a priority.

Who is a DBA best for? 

Any type of legal entity can use a new DBA, but it’s best suited for those who either want a separation between personal and business accounts, like a sole proprietorship or a partnership, or who want a different name for marketing purposes. 

Having a DBA also assists in business banking. In a sole proprietorship, money from the business can go into a personal account. However, that lack of separation can cause some legal and accounting issues as the business grows. Having a DBA business banking account resolves that. 

Many banks will insist on having a DBA account to allow partnerships to open a business account. It keeps everyone financially organized and makes it easier for your accountant too. 

A DBA is a cost-effective, easy way to make a business more professional, as it allows people to pay for the company rather than you. It also allows you to pay vendors under the business name instead of your own, offering you some legal protections.

Cost to get a DBA set up

The state filing fee in West Virginia for registering a trademark or DBA name is $25, but you can expedite the filing service by paying an additional $25 for 24-hour service. Those who want filing done in two hours will have an expedited fee of $250, and those who want it filed in one hour will need to pay an additional $500 in the DBA cost.