To get a DBA in Arkansas, you file in one of two places depending on how your business is organized. Corporations, LLCs, and partnerships registered with the state file the Application for Fictitious Name (Form DN-18) with the Arkansas Secretary of State.1Arkansas Secretary of State. Application for Fictitious Name DN-18 Sole proprietors file an assumed name certificate directly with the County Clerk in each county where they do business.2Justia. Arkansas Code 4-70-203 – Conducting Business Under Assumed Name Filing with the wrong office is the most common early mistake, so start by identifying which track applies to you.
Which Office Handles Your Filing
If your business is a domestic or foreign corporation, LLC, limited partnership, general partnership, LLP, or LLLP, your DBA goes through the Secretary of State. Arkansas law prohibits a corporation from doing business under a fictitious name until Form DN-18 is on file.3Justia. Arkansas Code 4-27-404 – Use of Fictitious Names Once the Secretary of State processes the form, you receive a stamped copy back, and you then file that copy with the County Clerk where your registered office sits. Pulaski County is the exception: entities with a registered office there skip the county filing.1Arkansas Secretary of State. Application for Fictitious Name DN-18
Sole proprietors bypass the state entirely. Anyone doing business under a name other than their own legal name must file a certificate with the County Clerk in every county where they operate or intend to operate.2Justia. Arkansas Code 4-70-203 – Conducting Business Under Assumed Name The certificate lists your fictitious name, your full legal name, and your mailing address, and it has to be signed and acknowledged the same way a real estate deed is — in practice, notarized.
Clearing Your Name Before You File
Arkansas will reject a fictitious name that is the same as, or confusingly similar to, an existing domestic corporation name, a foreign corporation admitted to the state, or any name already reserved or registered.4Justia. Arkansas Code 4-26-405 – Use of Fictitious Names Adding an “s” or swapping a suffix will not be enough to make a similar name distinct. Search the Secretary of State’s online business database before you fill anything out.
Some words trigger an automatic rejection unless you attach an approval letter from the relevant Arkansas agency. The Secretary of State’s Name Availability Guidelines flag these:5Arkansas Secretary of State. Name Availability Guidelines
- Bank or Trust — approval from the Arkansas State Bank Department.
- Engineer or Engineering — authorization from the State Board of Licensure for Professional Engineers and Professional Surveyors.
- Insurance — permission from the Arkansas Insurance Department before the entity is formed.
- Razorback or Razorbacks — approval from the University of Arkansas System.
Beyond the restricted list, avoid a name that implies a corporate structure or professional license you don’t hold.
Filing With the Secretary of State
Entities on the state track file Form DN-18. It asks for the entity’s legal name, its date of qualification in Arkansas, whether it is domestic or foreign, the fictitious name you want to use, and the street address of your registered office. An authorized officer or partner signs it.1Arkansas Secretary of State. Application for Fictitious Name DN-18
You can submit the form online through the BCS filing portal or by mail to the Business and Commercial Services office in Little Rock.6Arkansas Secretary of State. Forms, Fees, and Records Requests Online filings are paid by credit card. Fees run by entity type:7Arkansas Secretary of State. Corporate Fee Schedule
- Corporations, LLCs, and nonprofits: $25.
- General partnerships, limited partnerships, LLPs, and LLLPs: $15.
After the state accepts the filing, take the returned copy to the County Clerk for your registered office (again, unless that office is in Pulaski County). A county recording fee may apply.
Filing With the County Clerk as a Sole Proprietor
Sole proprietors file in person or by mail at the County Clerk’s office in each county where they do business. The form asks for your full legal name, the assumed business name, and your mailing address, and it must be notarized before the clerk will record it. Many clerk offices have a notary on staff who can handle it at the counter, sometimes for a small extra fee of around $5.
Filing fees vary by county. Benton County charges $25 and accepts checks or money orders by mail.8Benton County Government. Doing Business Under Assumed Name Certificates Saline County also charges $25, accepting cash, local checks, or credit and debit cards with a small processing fee.9Saline County, AR. Doing Business As DBA Bring a government-issued ID if you’re filing in person. If you operate in more than one county, you have to file separately in each.
Processing Time and Proof of Filing
The Secretary of State processes filings, whether online, mailed, or dropped off, within one to three business days after receipt.10Arkansas Secretary of State. Business and Commercial Services – For Current Businesses Online filers can usually download a digital confirmation and certified copy right after processing. Mail filers get a stamped copy back by return mail.
County Clerk filings for sole proprietors are typically handled on the spot when you file in person. Mail filings take longer because of postal transit. Either way, you’ll walk away with a certified or stamped copy of your assumed name certificate. That is the document banks, licensing boards, and vendors will ask to see.
What a DBA Does Not Do
A DBA filing gives you the right to conduct business under the name. It does not give you ownership of the name and does not stop anyone else from using it. A DBA is a trade name registration; a trademark is what actually provides legal protection and the ability to stop competitors from using a confusingly similar name.11USPTO. How Trademarks and Trade Names Differ Trade names are registered with the state to conduct business there. Trademarks are registered with the U.S. Patent and Trademark Office for nationwide ownership rights. If the name matters to your brand, a federal trademark is a separate step worth considering.
Updates, Cancellation, and Renewal
Arkansas does not require periodic renewal of a fictitious name. Once it is on file, it stays active until you cancel or update it. If the business address, ownership, or entity’s legal name changes, update the filing with the same office where you originally registered.
To cancel a fictitious name held with the Secretary of State, file a Cancellation of Fictitious Name form. The cancellation fee matches the original: $25 for corporations, LLCs, and nonprofits, and $15 for partnerships and LLPs.12Arkansas Secretary of State. Cancellation of Fictitious Name Sole proprietors contact the County Clerk where the certificate was recorded for the local cancellation process, and cancel separately in each county if there are several.
One warning appears on the cancellation form and applies equally to the original filing: knowingly signing a false document filed with the Arkansas Secretary of State is a Class C misdemeanor, punishable by a fine up to $100 and up to 30 days in jail.12Arkansas Secretary of State. Cancellation of Fictitious Name Fill each form out carefully before you sign.