How To Get a DBA in Indiana in Four Steps
The process for registering a DBA (Doing Business As), called an “Assumed Business Name” in Indiana, depends on your business structure. Limited liability companies (LLCs), general partnerships and corporations file a Certificate of Assumed Business Name with the Indiana Secretary of State. Sole proprietors file in the county where their business operates.
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Starting a business in Indiana? If you plan to operate under a name different from your legal business name, you’ll need to file for a DBA (doing business as) name. A DBA is any name a business uses that differs from its legal name. It may also be known as a fictitious name, trade name, or assumed name. In Indiana, the term ‘assumed business name’ is most frequently used to describe a DBA.
Do I Need a DBA in Indiana?
Yes. In Indiana, it is mandatory to register your DBA before conducting business under that name. Failure to do so can result in legal consequences. Not registering a DBA can lead to fines of up to $1,000.
Deciding whether an assumed business name is right for your business depends on your specific needs. A DBA allows you to operate with a fictitious name instead of having to create a new legal entity. This gives your business flexibility and branding opportunities. However, it doesn’t provide legal protection for your business name, meaning others could potentially use the same name. While a DBA is relatively easy and inexpensive to register, failing to do so can result in penalties, including fines and potential legal issues in Indiana. Properly registering your DBA ensures compliance and protects your business operations.
Choosing Your Business Structure
Before diving into the process of registering an Indiana DBA, it’s important to consider the broader context of your business. One of the key decisions you’ll need to make is choosing the right business entity, as this will affect your company’s legal structure, tax obligations, and personal liability. Whether you opt for a sole proprietorship, partnership, limited liability company (LLC), nonprofit, or corporation, each entity type has its own set of advantages and considerations. Once you’ve determined the appropriate entity for your business, you’re ready to proceed with the DBA filing process in Indiana.
4 Steps to Get a DBA in Indiana
Choose Your Assumed Business Name
Before choosing a business name in Indiana, you’ll need to make sure the fictitious name you want is not already in use. You can do this by searching the Indiana Secretary of State’s database to see if the name is already registered within the state. Additionally, search the internet and the U.S. Patent and Trademark Office (USPTO) database to confirm that the name isn’t trademarked at the federal level, which could prevent you from using it.
Once you’ve confirmed that the name is available, consider registering it as a domain name to secure your online presence. If you want to protect your brand further, you can trademark the name with the USPTO. Trademarking your business name provides legal protection, giving you exclusive rights to use the name nationwide and helping prevent others from using a similar name that could cause confusion.
Complete the Assumed Business Name Certificate
For business structures other than sole proprietors, including limited liability companies (LLC), general partnerships, and corporations, you must file the DBA name with the Secretary of State.
Complete and submit the Certificate of Assumed Business Name (Form 30353). You can obtain this form from the Indiana Secretary of State’s website, which requires you to provide essential details about your business, such as the desired assumed business name, your legal business name, and your business address. Ensure that all information provided is accurate and consistent with your other business documents.
Sole proprietors should contact the county where they operate their business to get a Certificate of Assumed Name.
Submit the Form and Pay the Filing Fee
You can file the completed form with the Indiana Secretary of State by mail or online through the INBiz portal. The filing fee is $20 if filing online.
If filing by mail, send the form along with a $30 filing fee to:
Secretary of State Business Services Division
302 West Washington Street, Room E018
Indianapolis, IN 46204
Sole proprietors and entrepreneurs can mail the completed form to the business services division in the county where they operate their business.
For example, in Marion County: you complete a Certificate for Assumed Business Name.
Obtain the Certified Copy of Your DBA Registration
While it is not mandatory to obtain a certified copy of your certificate of assumed name in Indiana, it is a good idea. A certified copy serves as proof of your DBA registration, and you may need it for various business activities, such as opening a business bank account or entering into contracts.
After You Register Your DBA
Once you’ve successfully registered your Indiana business DBA, it’s important to manage and maintain it properly to ensure your business remains compliant with state regulations.
Managing and Maintaining Your DBA
In Indiana, the registration of an assumed business name typically remains valid indefinitely. However, it’s wise to check with the specific county where you registered, as some local jurisdictions may have different requirements.
You may need to update your business records with the new assumed name. Inform relevant agencies or institutions, such as those handling your insurance policies, licenses, or permits, to ensure all your business activities under the new name are properly recognized and covered.
Canceling or Changing a DBA
To cancel a DBA in Indiana, you must file a cancellation of assumed business name form where the DBA was originally registered. This formally removes the assumed business name from the records.
If you need to change the DBA, such as altering the name or transferring ownership, you generally need to cancel the current DBA and file a new one with the updated information. Notify relevant parties, such as banks, insurance companies, and licensing authorities, about the changes to keep your business operations running smoothly.
Common FAQs About Indiana DBAs
Frequently Asked Questions
Yes. If you are not operating as a sole proprietor, you can file an Indiana DBA online through the INBiz portal, managed by the Indiana Secretary of State.
In Indiana, you can have multiple DBAs, allowing you to operate under different business names for various products or services.
No, a DBA does not protect your personal assets. The only way to have liability protection is to form a legal business entity such as an LLC, corporation, or limited partnership.
No. A DBA does not require an EIN or Tax ID number from the IRS. However, depending on your business structure and tax obligations, your underlying type of business (e.g., for-profit or nonprofit corporations, limited liability partnerships (LLPS), etc.) may need one.
The time it takes to file a DBA form in Indiana varies by county. Generally, it can take a few days to a few weeks, depending on whether you file online or by mail and the processing times of the local county recorder’s office.
Yes. You need a DBA in Indiana if you intend to operate your business under a different name than your legal business name.
To change a DBA name in Indiana, you generally need to cancel the existing DBA by filing a cancellation form where it was registered. Then, you would file a new DBA with the updated name following the same steps as the original registration.
A DBA (doing business as) name in Indiana, also known as an assumed business name, allows a business to legally operate under a name different from its registered legal name.
In Indiana, a DBA does not have an automatic expiration date and may not require renewal unless local county regulations specify otherwise.
Simplify Your Indiana DBA Registration Process
Registering an assumed business name in Indiana is an important step in legally operating your business under a different name, but the process can be time-consuming. While you don’t need a registered agent for your DBA, if the steps feel overwhelming, you might consider using one to streamline the process. For those seeking personalized guidance, consulting with a qualified attorney can be beneficial—our attorney directory is available to help you find the right professional. Alternatively, you can let our trusted partner LegalZoom handle your name search and DBA application filing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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