Register a DBA in Pennsylvania

What the law requires

Pennsylvania's Fictitious Names Act (54 Pa.C.S. ch. 3) is a state-level regime: any entity - the act's definition of "entity" includes individuals, partnerships and corporations - conducting business in the Commonwealth under a fictitious name must register it by filing an application with the department (the Department of State) and keep the registration accurate by amendment. Voluntary registration is also allowed to create a public record of the relationship to a business.

"Except as provided in paragraph (2), any entity which either alone or in combination with any other entity conducts any business in this Commonwealth under or through any fictitious name shall register the fictitious name under this chapter and shall amend such registration whenever necessary to maintain the accuracy of the information disclosed thereby." — 54 Pa.C.S. § 303(b)(1)

Where filings go

Registration is by application filed in "the department" - the Pennsylvania Department of State (the definitional section, 54 Pa.C.S. § 102, sits outside the captured chapter; see gaps). The fee schedule for the filing is administered through the Department of State's bureau under 15 Pa.C.S. § 153.

"A fictitious name may be registered under this chapter by filing in the department an application for registration of fictitious name, which shall be executed as provided in subsection (d), and shall set forth: (1) The fictitious name." — 54 Pa.C.S. § 311(a)

Publication requirement

If any party to the registration is an individual, the entity must officially publish - in the county of its principal office or place of business - notice of its intention to file or of the filing of the application. The notice may run before or after the filing date and is kept with the business's permanent records (it is not filed with the state).

"An entity which includes an individual party shall officially publish in the county in which the principal office or place of business of the entity is or, in the case of a proposed entity, is to be located notice of its intention to file or the filing of an application for registration of a fictitious name under this chapter. The notice may appear prior to or after the day upon which the application is filed in the department and shall be kept with the permanent records of the business" — 54 Pa.C.S. § 311(g)

How long it lasts

No fixed term and no periodic renewal: the former decennial-refiling requirement (§ 321) was deleted by amendment in 2000, so a registration continues until cancelled or withdrawn under § 313, subject to the § 303(b)(1) duty to amend when information changes. Renewal: None required (former § 321 decennial filings deleted by amendment, June 22, 2000, P.L.356, No.43)

"§ 321. Decennial filings required (Deleted by amendment)." — 54 Pa.C.S. § 321

Name restrictions

A fictitious name may not contain a corporate designator ("corporation," "incorporated," "limited") unless at least one registering party is a corporation, though "company" is open to sole proprietorships, partnerships and corporations alike (§ 311(b)(1)). The name must be distinguishable from names of filing entities, registered foreign associations, Commonwealth agencies and reserved names (§ 311(e)), and restricted words such as "college," "engineer," "bank," "cooperative," "architect," "credit union," insurance terms and "911" require certificates or agency approval (§ 311(f)).

"May not contain a corporate designator such as "corporation," "incorporated" or "limited" or any derivation or abbreviation thereof unless the entity or at least one entity named in the application for registration of fictitious name is a corporation. The use of the word "company" or any derivation or abbreviation thereof by a sole proprietorship, a partnership or a corporation is permissible." — 54 Pa.C.S. § 311(b)(1)

Entities and assumed names

A foreign filing association or foreign LLP whose name does not comply with Pennsylvania's name requirements cannot register to do business until it adopts a complying alternate name; registering under that alternate name does not require a separate Fictitious Names Act filing for the alternate name. The alternate name in the foreign registration statement is treated as the association's "proper name" under the Fictitious Names Act (54 Pa.C.S. § 302, "Proper name" (9)).

"A foreign filing association or foreign limited liability partnership whose name does not comply with Subchapter A of Chapter 2 (relating to names) may not register to do business in this Commonwealth until it adopts, for the purpose of doing business in this Commonwealth, an alternate name that complies with Subchapter A of Chapter 2. A foreign association that registers under an alternate name under this subsection is not required to comply with 54 Pa.C.S. Ch. 3 (relating to fictitious names) with respect to the alternate name." — 15 Pa.C.S. § 414(a)