To file a DBA in Tennessee, submit an assumed name application to the Secretary of State if you operate as a corporation, LLC, LLP, nonprofit, or limited partnership, or to your county clerk if you run a sole proprietorship or general partnership. The state-level filing uses Form SS-4402, costs $20, and stays effective for five years before you need to renew.
Where You File Depends on Your Entity Type
Tennessee splits assumed name filings between two offices. Corporations, nonprofit corporations, LLCs, limited liability partnerships, and limited partnerships file at the state level with the Secretary of State using Form SS-4402.1State of Tennessee, Secretary of State. Application for Registration of Assumed Name (SS-4402)
Sole proprietorships and general partnerships take a different path. Under Tennessee Code § 47-25-503, these unincorporated businesses register their trade names with the county clerk in the county where they operate.2Justia Law. Tennessee Code Title 47 Chapter 25 Part 5 Section 47-25-503 – Application for Registration Fees and procedures vary by county, so contact the clerk’s office directly before you file.
Everything below covers the state-level process, since that’s what applies to most formal business entities.
Check Name Availability First
Your assumed name has to be distinguishable from every other name already on file with the Secretary of State. Tennessee Code § 48-14-101 sets this rule for corporations, and § 48-249-106 does the same for LLCs.3Justia Law. Tennessee Code Title 48 Chapter 14 Section 48-14-101 – Corporate Name A name that’s identical or deceptively similar to an existing registration gets rejected regardless of what type of entity holds it. The name also can’t suggest an illegal purpose or mislead the public about what the business does.
Search the Secretary of State’s business database at tnbear.tn.gov before you file. The search is free and takes a few minutes, and it saves you the $20 fee and the wait if the name is already taken.
Complete Form SS-4402
Form SS-4402, the Application for Registration of Assumed Name, is available on the Secretary of State’s website.4Tennessee Secretary of State. Business Forms and Fees Watch the form number. Some older links point to SS-4482, which is a different form used for entity conversions. Confirm you have SS-4402 before you start filling anything in.
The application asks for:
- Your entity’s legal name, exactly as it appears in your formation documents on file with the state.
- The state or country where the entity was formed.
- The proposed assumed name, matching what you confirmed was available in the database search.
- Your entity type (corporation, LLC, LLP, nonprofit, or limited partnership).
Someone authorized to act for the entity has to sign. For a corporation, that’s typically an officer or director. For an LLC, it’s a member or manager with binding authority. Keep your entity’s control number or original filing date on hand so the Secretary of State can match the application to your existing record.
Submit and Pay the $20 Fee
You have two filing options. The online portal at tnbear.tn.gov guides you through the application step by step and lets you pay by credit card to complete the filing right away.5Tennessee Secretary of State. Division of Business Services Announces Online Assumed Name Filings Or you can print the completed form and mail it with a check to the Division of Business Services, 312 Rosa L. Parks Avenue, 6th Floor, William R. Snodgrass Tower, Nashville, TN 37243.
The fee is $20 either way.1State of Tennessee, Secretary of State. Application for Registration of Assumed Name (SS-4402) Online filings are usually processed within a few business days. Mailed applications can take two weeks or longer depending on volume. Once approved, you’ll get an acknowledgment confirming the registration.
How Long the Registration Lasts
An assumed name registration is effective for five years from the date the Secretary of State files it.3Justia Law. Tennessee Code Title 48 Chapter 14 Section 48-14-101 – Corporate Name After that it expires unless you renew.
The renewal window is narrow. You have to file within the two months before the registration expires. Renewal costs the same $20 and extends the registration another five years. Miss the window and the name lapses, which means someone else can claim it. Set a reminder for the four-year-and-ten-month mark so you have time to act.
If you no longer want the assumed name, you can cancel it by filing the cancellation form that matches your entity type with the Secretary of State. Each cancellation costs $20.4Tennessee Secretary of State. Business Forms and Fees
What a DBA Does Not Give You
A DBA is a naming tool, not a legal structure. Registering an assumed name does not create a new legal entity, does not provide personal liability protection, and does not give you exclusive trademark rights. A sole proprietor with a DBA is still personally responsible for business debts and lawsuits.
A state-registered assumed name and a federal trademark are separate things. A DBA tells Tennessee that you’re doing business under a different name. A federal trademark, registered through the U.S. Patent and Trademark Office, provides nationwide ownership rights and legal protection for a brand as a source identifier for goods or services.6USPTO. How Trademarks and Trade Names Differ If keeping competitors from using your brand name matters, you need a trademark on top of the DBA.
Operating under an unregistered assumed name has its own downside. Tennessee’s specific penalties vary by situation, but the general consequence across states is that a business using an unregistered DBA can have trouble enforcing contracts or bringing lawsuits until it registers. Skipping the $20 filing is a false economy if it later means you can’t collect a debt.
Using Your DBA at the Bank and with the IRS
Banks will ask for your assumed name certificate before opening an account under the DBA. Bring the certificate from the Secretary of State, your tax identification number (your SSN for a sole proprietorship or your EIN for an LLC or corporation), and your entity’s organizational documents, such as articles of organization or articles of incorporation.
Adding a DBA does not require a new Employer Identification Number. The IRS states that a new EIN is needed when you change business structure or ownership, not when you change or add a business name.7Internal Revenue Service. When to Get a New EIN Your existing EIN still covers the entity, and the DBA is just another name for it. If you don’t yet have an EIN and your structure requires one, you can apply free on the IRS website.8Internal Revenue Service. Get an Employer Identification Number