How to Register a DBA in Georgia: Filing, Publishing, and Fees

To register a DBA in Georgia, you file a notarized trade name application with the Clerk of Superior Court in the county where your business operates, pay a filing fee of roughly $171, and publish notice of the registration in the county’s designated legal newspaper once a week for two consecutive weeks.¹ The whole process usually takes a few weeks. Getting the paperwork right on the first pass is what keeps it short.

Do You Actually Need to File

Sole proprietors and general partnerships operating under any name other than the owner’s legal name must register that name with the Clerk of Superior Court in their county.¹ If Jane Smith sells candles as “Peachtree Candle Co.,” she needs a trade name registration. If she sells them as Jane Smith, she doesn’t.

Corporations, LLCs, and limited partnerships are exempt from the filing requirement under O.C.G.A. § 10-1-492.² Their legal names are already on record with the Secretary of State. Many still register a trade name voluntarily when they want to market a product line under a different brand, since the filing creates a public record tying the brand back to the entity behind it.

Choosing a Name That Will Clear

Your trade name has to be distinguishable from other business names already registered in Georgia. The awkward part is that no single statewide database is built for trade name searches. The Georgia Superior Court Clerks’ Cooperative Authority runs a search portal at gsccca.org, but it’s oriented toward UCC filings, real estate records, and liens.³ The Secretary of State’s business search at ecorp.sos.ga.gov shows corporate and LLC names, but the site itself notes the search isn’t intended for name availability. The most reliable move is to call the Clerk of Superior Court in the county where you plan to file and ask them to check the local records.

Some words are restricted. Using “bank,” “banc,” “banking,” “credit union,” “trust,” or similar terms requires written approval from the Georgia Department of Banking and Finance. “Insurance,” “surety,” “fidelity,” and “indemnity” require written approval from the Commissioner of Insurance.⁴ If you’re not incorporated, don’t use “Corp.,” “Inc.,” or “LLC” in the name; that would misrepresent your structure.

Filling Out and Notarizing the Application

The form is called the “Application to Register a Business to be Conducted Under a Trade Name,” available from the Clerk of Superior Court in the county where the business primarily operates.⁵ Some counties post it online; others hand it out at the counter or send it by mail on request.

It asks for the proposed trade name, a short description of what the business does, the full legal name and address of every owner, and the principal place of business in the county.

Every owner listed has to sign the form in front of a notary public. That’s a hard requirement under O.C.G.A. § 10-1-490, and the clerk will reject an application without a notary seal.⁶ Georgia caps notary fees at $4.00 per notarial act, so it’s a cheap step.⁷ Banks, shipping stores, and many law offices offer notary services.

Filing With the Clerk

Submit the notarized application to the Clerk of Superior Court in your county. You can hand it in or mail it. If you want a time-stamped copy right away, go in person; mailed applications sit in the regular processing queue, which can run up to four weeks in busier counties like Fulton.⁸

The filing fee runs around $171 in most counties, with slight variation by county.¹ You’ll also owe a separate publication fee to the newspaper. Payment policies differ. Some clerks take cards; others only take cash, checks, or money orders, and may want the filing fee and publication fee as separate transactions.⁹ Call ahead to confirm what your county accepts.

Once the clerk processes the filing, you’ll get a file-stamped copy of the application back. That’s your official proof the name has been recorded.

Publishing in the County’s Legal Organ

Georgia requires you to publish notice of the new trade name in the county’s designated legal newspaper, the “legal organ.” The notice has to run once a week for two consecutive weeks and should include the trade name, the legal names of all owners, and a statement that the registration has been filed.¹

The legal organ isn’t always the biggest paper in the area. In Fulton County it’s the Daily Report, not the Atlanta Journal-Constitution. If you don’t know which paper serves as the legal organ where you’re filing, the clerk’s office can tell you. Some counties forward your information to the newspaper as part of intake; others leave it to you to contact the paper, provide the wording, and pay the publication fee. The fee varies but is generally modest next to the filing fee.

After the two runs, the newspaper issues a Publisher’s Affidavit confirming the notice appeared as required. Hold onto it. Some counties want the affidavit filed back with the clerk to complete the record; others leave it between you and the newspaper.¹ Either way, it’s your proof of compliance.

After You’re Registered

Georgia trade name registrations don’t expire. There’s no renewal and no periodic fee.¹ The registration sits on the books until you amend or cancel it.

Changing the name, changing your business address, or adding or removing an owner means filing a new registration with the amendments and paying another fee.¹ Same process: complete the form, get it notarized, submit it.

To cancel a trade name you no longer use, file an “Affidavit to Cancel Registered Trade Name” with the Clerk of Superior Court where it was originally recorded. The affidavit has to be notarized like the original application. Canceling a name you’ve abandoned is worth the small effort; leaving it active after the business is gone can create confusion later.

What a Georgia DBA Doesn’t Do

Two things people often assume a DBA covers, and it doesn’t.

A trade name registration is not a trademark. It’s a public disclosure requirement, telling the county and the public who’s behind a given business name. It doesn’t stop someone else from using a similar name in another county or another state. If you want to keep competitors from using your name, that’s a trademark question, handled through Georgia’s state trademark system or the U.S. Patent and Trademark Office.

A DBA also doesn’t change your tax setup. The IRS says adding a trade name doesn’t trigger a new EIN, whether you’re a sole proprietor, partnership, corporation, or LLC.¹⁰ You keep using your existing EIN, or your Social Security number if you’re a sole proprietor with no employees. Your bank, though, will typically want to see the file-stamped registration before opening an account in the DBA name, which is one of the main practical reasons people file in the first place.

Penalties for Skipping the Filing

Operating under an unregistered trade name when you’re required to register is a misdemeanor in Georgia.¹¹ A business that hasn’t registered and then brings a court action can also be stuck paying court costs as a result of the failure to register.¹²

Criminal prosecution over an unregistered DBA is rare in practice. The real friction shows up when you try to enforce a contract, open a bank account, or sue under the business name. The filing fee is low enough that there’s no good reason to work around it.

1
Georgia.gov. File for a DBA (Doing Business As)
2
Justia Law. Georgia Code 10-1-492 – Exemption of Corporations, Limited or Professional Partnerships, or Limited Liability Companies
3
Georgia Superior Court Clerks’ Cooperative Authority. Search – GSCCCA
4
Georgia Secretary of State. How to Guide: How to Reserve a Name
5
Fulton County Clerk of Superior Court. Trade Name (DBA) Application Form Content
6
Justia Law. Georgia Code 10-1-490 – Required Registration Statement for Business Using Trade, Partnership, or Other Name Not Showing Ownership
7
Justia Law. Georgia Code 45-17-11 – Fees of Notaries
8
Fulton County Superior Court, GA. Register a Trade Name/ DBA (Doing Business As)
9
Henry County, GA – Official Website. Trade Names – Section: Fees
10
Internal Revenue Service. When to Get a New EIN
11
Justia Law. Georgia Code 10-1-493 – Penalty for Failing to Register
12
Justia Law. Georgia Code 10-1-491 – Effect of Failing to Register