Introduction
If you're planning on starting a business in Colorado, you may need to register a DBA name. DBA stands for "Doing Business As," and it refers to a trade name or fictitious name that a business operates under. Registering a DBA name helps ensure your business can operate legally and establish a distinct brand identity. Fortunately, the process of getting a DBA name in Colorado is relatively straightforward. In this article, we will walk you through the steps involved in registering a DBA name in the beautiful state of Colorado.
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Step 1: Research Your DBA Name
Before starting the registration process, you need to choose a unique and available DBA name. Conduct thorough research to ensure that the name you have in mind is not already in use by another business in Colorado. You may check online directories, search the Colorado Secretary of State's business database, or reach out to a trademark attorney to conduct a comprehensive search for you.
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Step 2: Determine Your Entity Type
Depending on the legal structure of your business, the process for acquiring a DBA name may vary. In Colorado, you can apply for a DBA name if you are one of the following entity types:
1. Sole Proprietorship: An individual running a business without a separate legal entity.
2. Partnership: A business owned and operated by two or more individuals.
3. Corporation: A legal entity separate from its owners that offers limited liability protection.
4. Limited Liability Company (LLC): A hybrid legal structure that combines features of both a corporation and a partnership.
Know your entity type before proceeding with the registration process, as it will impact the requirements and forms you will need to complete.
Step 3: File a Trade Name Agreement
To register your DBA name in Colorado, you must file a Trade Name Agreement with the Colorado Secretary of State. This agreement links your legal entity (sole proprietorship, partnership, corporation, or LLC) to your DBA name.
Here's what you need to do:
Sole Proprietorship
- Complete the Trade Name Certificate (Form JDF 85) which can be obtained from the Colorado Secretary of State's website or by visiting their office in person.
- Sign the form in front of a notary public.
- Submit the completed form along with the appropriate fee to the Secretary of State's office.
Partnership
- For a registered partnership, complete the Trade Name Certificate (Form JDF 86) which can be downloaded from the Colorado Secretary of State's website.
- Sign the form in front of a notary public.
- Submit the completed form along with the filing fee to the Secretary of State's office.
Corporation or LLC
- Complete the Statement of Change (Form JDF 87) which can be obtained from the Colorado Secretary of State's website or office in person.
- Send the completed form along with the filing fee to the Secretary of State's office.
Step 4: Publication Requirements
After filing the Trade Name Agreement, Colorado requires you to publish a notice of the DBA name in a newspaper within the county where the business is headquartered. This notice should be published once a week for four consecutive weeks. Remember to obtain an affidavit of publication from the newspaper as proof of compliance.
Step 5: Post-Filing Tasks
Once you have successfully registered your DBA name, there are a few additional tasks to complete:
- Update your business licenses and permits to reflect the new DBA.
- Notify your customers, suppliers, and financial institutions about the change of name.
- Consider registering your DBA as a trademark to add an extra layer of protection to your brand.
Conclusion
Obtaining a DBA name in Colorado is an essential part of establishing your business identity and complying with legal requirements. By following the steps outlined above, you can smoothly navigate the registration process and secure your desired DBA name. Remember to conduct thorough research, choose an available name, complete the required forms accurately, and fulfill all publication obligations. Once your DBA name is registered, take the necessary follow-up actions to update your business documentation and inform relevant parties about the new name. This comprehensive approach ensures a successful DBA name registration process and sets the stage for your business's future success in Colorado.
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