To file a DBA in Virginia, submit a fictitious name certificate to the State Corporation Commission (SCC) for $10, most easily through the Clerk’s Information System online. Virginia law requires anyone doing business under a name other than their own legal name, or an entity’s registered legal name, to file that certificate before they start operating.1Virginia Code Commission. Virginia Code 59.1-69 – Certificate Required of Person Transacting Business Under Assumed Name The whole process takes a few minutes online and one to two business days to process.
Who Has to File
Virginia Code ยง 59.1-69 applies broadly. Sole proprietors, partnerships, LLCs, and corporations all fall under it. If your legal name is Jane Smith and you want to operate as “Blue Ridge Consulting,” you need a certificate. If your LLC is “Smith Enterprises, LLC” but you want to sell under “Mountain Roast Coffee,” you need one too.1Virginia Code Commission. Virginia Code 59.1-69 – Certificate Required of Person Transacting Business Under Assumed Name
Check That Your Name Is Available First
Run your proposed name through the SCC’s Name Availability search before you do anything else.2Virginia State Corporation Commission. Name Check Availability The tool compares your choice against every business name currently on file in Virginia. A name too close to an existing registration will get rejected during processing, and the SCC won’t refund the filing fee.
The SCC looks for meaningful differences. Swapping “and” for “&” or tacking on “LLC” won’t make an otherwise identical name pass. Regulated terms like “Bank,” “Insurance,” “University,” or “Engineering” typically require proof of licensing or regulatory approval and can trigger rejection if your business isn’t qualified to use them.
What the Certificate Asks For
The SCC provides a standard certificate form on its website, and the same fields are built into the online filing system.3Virginia State Corporation Commission. Fictitious Names You’ll need:
- The exact fictitious name, spelled the way you want it to appear on contracts, invoices, and signage.
- The owner’s identification: your full legal name if you’re filing as an individual, or the entity’s exact legal name and type if a business is the owner.
- A principal office address where official correspondence can be sent. A P.O. box alone usually isn’t enough.
- Registered agent information consistent with your existing SCC records, if the owner is already a registered entity.
Match every field to your existing legal documents. A mismatch between the owner name on the certificate and the name on your articles of organization or incorporation causes processing delays.
How to File
Online Through the Clerk’s Information System
The fastest route is the SCC’s Clerk’s Information System. You enter your information, pay by credit card, and submit in a single session.4Virginia State Corporation Commission. CIS FAQ The system generates a receipt with a tracking number once you submit, and online filings typically process within one to two business days.5Virginia State Corporation Commission. Online Expedited Services
By Mail
You can also download the certificate form from the SCC website, complete it, and mail it with a check or money order to the Clerk’s Office at the State Corporation Commission in Richmond.6Virginia State Corporation Commission. Certificates and Copies Mail-in filings take several weeks depending on volume. If timing matters at all, file online.
Fees
The base cost is $10 per fictitious name. A certified copy, which some banks or vendors will ask for, adds $6.3Virginia State Corporation Commission. Fictitious Names If you need the certificate faster than standard processing, expedited service costs $50 or $100 for next-day depending on the filing type, and $200 for same-day.5Virginia State Corporation Commission. Online Expedited Services
What Happens If You Skip It
Virginia treats operating under an unregistered fictitious name as a misdemeanor punishable by up to $2,500 in fines, up to a year in jail, or both. Criminal prosecution is rare. The civil consequence is what actually bites: you cannot bring a lawsuit under your business name in any Virginia court until you file the certificate.7Virginia Code Commission. Virginia Code 59.1-76 – Effect of Failure to File Certificate on Right of Action If a client refuses to pay a $20,000 invoice, you can’t sue to collect until you go back and register. You can still be sued and defend yourself, but you can’t go on offense. For a $10 filing, the risk isn’t worth taking.
After You File
Opening a Bank Account
Most banks want documentation before they’ll open an account in your fictitious name. Expect to bring your filed certificate (a certified copy helps), your EIN or Social Security number, and any formation documents for your business entity.8U.S. Small Business Administration. Open a Business Bank Account Call ahead and ask what your bank needs. Requirements vary.
You Don’t Need a New EIN
Adding a DBA is not a triggering event for a new Employer Identification Number, regardless of your entity type.9Internal Revenue Service. When to Get a New EIN Keep using your existing EIN. Sole proprietors without an EIN can continue to use their Social Security number.
Local Business License
Filing your fictitious name with the SCC handles the state requirement. Most Virginia localities also require a separate business license under the Business, Professional and Occupational License (BPOL) system, issued by your city or county. Fees vary by location and industry, and some localities charge a flat fee while others tax gross receipts. Contact your local Commissioner of the Revenue before you start operating.
What a Virginia DBA Does Not Do
Virginia does not require newspaper publication of your fictitious name. Filing with the SCC is the only step, which saves the $30 to $150 publication cost some other states impose.
A DBA also does not protect your brand. Filing gives you the right to use the name for business in Virginia, but it doesn’t grant trademark rights and doesn’t stop someone in another state from using the same name. Nationwide brand protection comes from a federal trademark registration through the U.S. Patent and Trademark Office, which is a separate process.10Patent and Trademark Office. How Trademarks and Trade Names Differ
Ending the Registration
Virginia does not require periodic renewals. Your fictitious name stays active indefinitely until you close it out.11Virginia Circuit Court Clerks’ Association. Circuit Miscellaneous Procedures Manual When you stop using the name, file a certificate of release with the SCC for $10. The release can be signed by the individual who used the name, an authorized representative of the entity, a court-appointed fiduciary, or a successor in interest.12Virginia Code Commission. Virginia Code 59.1-70.1 – Certificate of Release If you wind a business down without releasing the name, it stays tied to you on the record.