Register a DBA in West Virginia

What the law requires

West Virginia's assumed-name statute is a statewide Secretary of State filing regime. Individuals, sole proprietorships and general partnerships doing business under any name other than the owners' real names must file a true-name form with the Secretary of State, and registered entities (corporations, LPs, LLPs, LLCs, business trusts, voluntary associations) must file an application for registration of trade name with the Secretary of State before doing business under an assumed name.

"No individual, sole proprietorship or general partnership may carry on, conduct or transact any business in this state under any assumed name, or under any designation, name or style, corporate or otherwise, other than the real name or names of the individual or individuals owning, conducting or transacting such business, unless that person or persons shall file with the Secretary of State a form setting forth the name under which such business is, or is to be, conducted or transacted, and the true or real full name or names of the person or persons owning, conducting or transacting the same, with the home and post office address or addresses of such person or persons." — W. Va. Code § 47-8-2

Where filings go

All filings under the article go to the West Virginia Secretary of State - the true-name form for individuals, sole proprietorships and general partnerships (§ 47-8-2) and the application for registration of trade name for registered entities (§ 47-8-4). The Secretary of State maintains a searchable database of filers. No county-level filing appears anywhere in the article.

"The Secretary of State shall keep a searchable database of all persons filing forms provided for in this article." — W. Va. Code § 47-8-3

How long it lasts

The act states no fixed term and no renewal cycle for either the § 47-8-2 true-name form or the § 47-8-4 trade-name registration. Instead, an entity that stops using a registered trade name withdraws it by filing a certificate of withdrawal with the Secretary of State. Renewal: None stated in the act; a certificate of withdrawal is filed upon discontinuing use of a registered trade name.

"Upon discontinuing the use of a registered trade name the certificate of registration of trade name shall be withdrawn by filing a certificate of withdrawal with the office of the Secretary of State setting forth the name to be discontinued, the real name, the address of the party transacting business and the date upon which the original certificate of registration of trade name was filed." — W. Va. Code § 47-8-4(c)

Name restrictions

An entity's registered trade name must be distinguishable from the name of any other corporation, limited partnership, limited liability partnership, limited liability company, business trust or voluntary association, and from any reserved or registered name for those entity types. The article states no comparable content restriction for the § 47-8-2 sole-proprietor/partnership true-name filing.

"The name under which the business of such business entity is, or is to be, conducted or transacted upon approval of the application, which name must be distinguishable from the name of any other corporation, limited partnership, limited liability partnership, limited liability company, business trust or voluntary association, and from any name reserved or registered for any of those business entities" — W. Va. Code § 47-8-4(a)(2)

Entities and assumed names

The entity-side mechanism is inside the general act itself: § 47-8-4 requires registered entities to file an application for registration of trade name with the Secretary of State, with distinguishability screening and a certificate of registration. Separately, a foreign corporation whose real name is unavailable in West Virginia may adopt a fictitious name by delivering a certified board resolution to the Secretary of State (W. Va. Code § 31D-15-1506(a)), and a foreign LLC whose real name is unavailable must do the same with a certified resolution of its managers or members (W. Va. Code § 31B-10-1005(a)).

"May use a fictitious name to transact business in this state if its real name is unavailable and it delivers to the Secretary of State for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name." — W. Va. Code § 31D-15-1506(a); § 31B-10-1005(a)