Assumed-Name (DBA) Registration Requirements in Delaware
At a glance
| Governing law and scheme | 6 Del. C. ch. 31 — mandatory statewide Division of Revenue registry for persons/firms/associations; optional registration for corporations and LLCs |
|---|---|
| Who must register | A person, firm, or association doing business under a name that does not disclose the legal name of the person or every member (§ 3101). Legally incorporated companies are exempt, and corporation/LLC registration is optional (§§ 3107-3108) |
| Filing office | Delaware Division of Revenue through Delaware OneStop; statewide since Feb. 2, 2026, replacing county Prothonotary filing (§§ 3101, 3103; OneStop) |
| Filing deadline | Before engaging in, prosecuting, or transacting business under the trade name (§ 3101). No statutory deadline for optional corporation/LLC registration |
| Publication requirement | None. Chapter 31 requires registration but no newspaper notice or proof of publication |
| Filing fee | $25 statewide DBA registration; updates and cancellation have no fee. An associated Delaware business license is separate (§ 3103; OneStop) |
| Term and renewal | DBA registration does not expire and requires no renewal. The associated business license has separate renewal/maintenance rules; firm/association membership changes must be filed within 10 days (§ 3102; OneStop) |
| Name exclusivity | No statutory exclusive right or distinguishability screen in Chapter 31; the filing creates a searchable public registry identifying the trade name and its legal owners (§ 3103; Division of Revenue) |
| Penalty for noncompliance | For a required filer, up to $100, up to 3 months in jail, or both (§ 3106); willfully false affidavits are false swearing (§ 3105). Corporation/LLC registration is optional. An Aug. 23, 2026 technical amendment leaves the core § 3101 penalty unchanged |
Requirements one by one
Mandatory and optional filers differ
Under 6 Del. C. § 3101, a person, firm, or association must register before doing business under a name that does not disclose the person's legal name or every member's legal name. The certificate identifies the trade name and all legal owners.
Legally incorporated companies are exempt from that mandatory provision under § 3107. Section 3108 separately allows a corporation or LLC to register its trade name, but says it “may, but is not required to” do so.
One statewide online filing replaced county filings
The Division of Revenue has administered the statewide Delaware Trade Name Registry through Delaware OneStop since February 2, 2026. New filers no longer register separately with each county Prothonotary. The registration fee is $25 statewide, and notarization is no longer required in the online process.
The OneStop workflow also requires an active Delaware business-license account. That license is separate from the DBA: its own fee and renewal rules should not be mistaken for a DBA renewal.
The DBA has no expiration or publication step
The current OneStop guidance states that Delaware DBAs do not expire and do not require renewal. Updates and cancellation have no DBA filing fee. The complete Chapter 31 contains no newspaper-publication or proof-of-publication step.
If a firm or association's membership changes, 6 Del. C. § 3102 requires a supplemental certificate within 10 days identifying every member after the change and the effective date.
Registration creates a public record, not exclusive rights
Section 3103 creates the searchable Delaware Trade Name Registry and records the trade name, legal owner information, filing date, formation or change date, and filing number. Chapter 31 states no distinguishability test and grants no exclusive ownership right in the name.
Required filers face a misdemeanor-level penalty
Under 6 Del. C. § 3106, violating the required-filer provisions can bring a fine up to $100, imprisonment up to three months, or both. 6 Del. C. § 3105 treats a willfully false filing affidavit as false swearing. Because corporation and LLC registration under § 3108 is optional, those entities do not incur the § 3101 nonfiling penalty merely for choosing not to register a trade name.
An enacted technical amendment takes effect August 23, 2026. It removes § 3103 from the listed provisions covered by §§ 3105 and 3106, but leaves the core § 3101 nonfiling penalty and its $100/three-month limits unchanged.
What trips people up
- Older Delaware materials still point to county courts. New DBA filings now go through the Division of Revenue's statewide OneStop system.
- The business license and DBA are separate. OneStop requires an active license account with the registration, but the DBA itself does not expire or renew.
- Corporation and LLC filing is voluntary under Chapter 31. Do not apply the mandatory § 3101 rule to an entity that § 3108 expressly says may choose whether to register.
- A firm ownership change has a short deadline. The supplemental filing is due within 10 days, even though the DBA itself has no periodic renewal.
Common questions
Must I file separately in every Delaware county?
No. Since February 2, 2026, the Division of Revenue administers one statewide DBA registry through Delaware OneStop.
Does Delaware require newspaper publication?
No. Chapter 31 includes no publication or affidavit-of-publication requirement.
Does the DBA need renewal?
No. The DBA registration does not expire. Keep the separate Delaware business license current under its own rules.
Does registration reserve the name exclusively?
Chapter 31 creates a public registry but states no exclusive right or statutory distinguishability screen. Trademark and other prior-right questions remain separate.
Statutes and sources
- 6 Del. C. §§ 3101 through 3104 — pre-use filing trigger, 10-day member- change update, statewide electronic registry, $25 fee, and unincorporated- association rule. Official Chapter 31 (accessed 2026-07-26).
- 6 Del. C. §§ 3105 through 3108 — false-filing and noncompliance penalties, incorporated-company exemption, optional corporation/LLC filing, and the August 23, 2026 technical versions. Official Chapter 31 (accessed 2026-07-26).
- Delaware OneStop, Trade Name FAQs — February 2, 2026 statewide transition, online filing, no notarization, no DBA expiration or renewal, free updates and cancellation, and separate active-business-license requirement. Official guidance (accessed 2026-07-26).
- Delaware Division of Revenue, Trade Name Registry — live statewide public registry and real-time-availability direction. Official registry (accessed 2026-07-26).
Source links
Every statute quoted above, linked, with the date we checked it.
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