Register a DBA in Arizona

What the law requires

Arizona has no mandatory general DBA act. Trade-name registration with the Secretary of State is voluntary ('may register') and open to any person, partnership, corporation, or other organization doing business in the state; the applicant must state that a search found the name distinguishable from names on record with the Secretary of State and from corporate names.

"Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state or any foreign corporation licensed to exercise its corporate powers in this state, may register with the secretary of state, on a form to be furnished by the secretary of state, the name, title or designation under which the applicant is operating" — A.R.S. § 44-1460(A)

Where filings go

Filings go to the Arizona Secretary of State, which issues the certificate of registration and keeps a public record of registered and renewed trade names. Electronic filing is authorized.

"The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article." — A.R.S. § 44-1460.04; see also §§ 44-1460.01(A), 44-1460.06

How long it lasts

Five years from the date of registration. Renewal: Renewable for successive five-year terms upon application filed within six months before expiration, on a Secretary of State form; the Secretary of State mails renewal notices within the sixty days preceding expiration. Unrenewed registrations are cancelled.

"Registration of a name, title or designation under the terms of this article is effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, the registration may be renewed at the end of each five-year period for a like term." — A.R.S. § 44-1460.02(A)-(B); see also § 44-1460.07(A)(2)

Name restrictions

The Secretary of State will not file a trade name that is not distinguishable on the record from any name already on record with that office or from an existing or reserved corporate name; the application itself must include the applicant's statement that a search found the name distinguishable on both fronts.

"B. The secretary of state shall not file an application for the registration of any trade name, title or designation if it is not distinguishable on the record from any other name previously filed and on record with the secretary of state. C. The secretary of state shall not file an application for the registration of any trade name, title or designation if it is not distinguishable on the record from an existing corporate name or a corporate name reserved pursuant to title 10, chapters 4, 19 and 24 through 40." — A.R.S. § 44-1460.01(B)-(C); see also § 44-1460(A)(5)

Entities and assumed names

A foreign corporation whose corporate name does not satisfy A.R.S. § 10-401 must either add a corporate designator or adopt a fictitious name (by filing a certified board resolution with the Arizona Corporation Commission) to obtain or keep authority to transact business; the fictitious name must be distinguishable from entity names, reserved names, other foreign corporations' fictitious names, and registered trade names. A foreign LLC whose name fails § 29-3112 likewise cannot register to do business until it adopts a complying alternate name (§ 29-3906).

"A. If the corporate name of a foreign corporation does not satisfy the requirements of section 10-401, to obtain or maintain a grant of authority to transact business in this state the foreign corporation: 1. Shall either: (a) Add the word "association", "bank", "company", "corporation" or "incorporated" or an abbreviation of one of these words to its corporate name for use in this state. (b) Use a fictitious name that satisfies the requirements of section 10-401 to transact business in this state if its real name is unavailable and it delivers to the commission for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name." — A.R.S. § 10-1506(A); see also §§ 10-1506(B), 29-3906(A)