Michigan: Assumed-Name (DBA) Registration Requirements
The short answer
Yes. Michigan uses two filing routes: covered noncorporate businesses file with every county clerk where they do or intend to do business, while corporations, LLCs, and limited partnerships file a Certificate of Assumed Name with LARA. File before using the name; no newspaper publication is required, and both routes use five-year cycles, although entity certificates run through December 31 of the fifth full calendar year after filing.
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This is the general rule in Michigan. Ezel applies current Michigan law to your specific facts and answers with citations to the statutes.
| Governing law and scheme | Split scheme: Act 101 of 1907, MCL §§ 445.1–445.5, requires county filing for covered noncorporate users; corporations, LLCs, and limited partnerships file statewide under MCL §§ 450.1217, 450.4206, and 449.1104 |
|---|---|
| Who must register | A person using a name other than the owner's real name must file; Act 101 covers individuals, general partnerships, trusts, fiduciaries, and other contracting entities except corporations and limited partnerships (§§ 445.1, 445.4). Corporations, LLCs, and LPs file when using a name other than the name in their formation or authority record (§§ 450.1217, 450.4206, 449.1104) |
| Filing office | County route: clerk of every county where the business is conducted, intended, or has an office (§ 445.1). Entity route: Michigan LARA Corporations Division / MiBusiness Registry (Form 541) |
| Filing deadline | County route: before commencing business under the name (§ 445.2). Entity route: no separate grace period; the certificate is the statutory route for transacting under the assumed name (§§ 450.1217, 450.4206, 449.1104) |
| Publication requirement | None — the current county and entity statutes require filing but no newspaper notice |
| Filing fee | Oakland County's current form charges $10; Act 101 still contains both $6 filing language and a separate $10 indexing/filing provision, so confirm locally (§§ 445.1, 445.3). LARA: $10 for business corporations and LPs; $25 for LLCs (Form 541 fee schedule; § 450.5101) |
| Term and renewal | County certificate: 5 years; renew before expiration for another 5 years (§ 445.1a). Corporation, LLC, and LP certificate: through December 31 of the fifth full calendar year after filing; renew no earlier than 90 days before expiration for another 5 full calendar years (§§ 450.1217, 450.4206, 449.1104) |
| Name exclusivity | No substantive name right from an entity certificate; county clerks may reject a misleading, already-filed, or confusingly similar name, but that is record screening rather than trademark protection (§ 445.2; §§ 450.1217, 450.4206, 449.1104) |
| Penalty for noncompliance | County-route violation: misdemeanor, $25–$100 fine, up to 30 days in jail, or both, with each day separate; contracts remain valid, but suit is barred until compliance (§ 445.5). The cited entity assumed-name sections state no separate DBA-specific penalty |
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Requirements one by one
Pick the route by business type
Michigan does not use one DBA office for everyone.
- An individual, general partnership, trust, fiduciary, or other covered
noncorporate person may not do business under a name other than the owner's
real name unless a certificate is filed with the county clerk (§ 445.1).
The definition in § 445.1(4)(a) lists those covered users, while Act 101
expressly excludes corporations and limited partnerships (§ 445.4). - A corporation files under § 450.1217, an LLC under § 450.4206, and a limited
partnership under § 449.1104. Those certificates go through the state entity
filing system administered by LARA.
Using the exact legal name does not trigger an assumed-name filing. The trigger
is operating under another name.
County users file in every business county, before starting
The county route is broader than a principal-office-only filing. Section 445.1
requires filing with the clerk of every county where the business is conducted,
is intended to be conducted, or maintains an office or place of business.
Section 445.2 sets the timing: a new user must file "before commencing said
business."
The county clerk may reject a name likely to mislead the public, already filed
in that county, or confusingly similar to an existing county filing (§ 445.2).
Terms are both five-year based, but calculated differently
A county certificate authorizes the name for five years. Filing a renewal
before expiration extends it for another five-year period (§ 445.1a).
An entity certificate does not simply expire five years from its filing date.
For a corporation, LLC, or limited partnership, it runs through December 31
of the fifth full calendar year following the filing year. An entity may file
its next five-year certificate no earlier than 90 days before expiration
(§§ 450.1217, 450.4206, 449.1104).
No newspaper publication is part of either route
Act 101's complete county procedure requires the acknowledged certificate and
county filings but no newspaper notice. The corporation, LLC, and limited-
partnership sections likewise make the certificate—not publication—the step
for using an assumed name. Michigan therefore has no statewide DBA publication
requirement.
Fees depend on the route
The current Oakland County form charges $10 for a county assumed-name
certificate. Confirm the amount with every county where you must file because
the statutory text is internally awkward: § 445.1 still says $6 at filing,
while § 445.3 separately says the clerk receives $10 for indexing and filing
and supplies two certified copies with that payment. The current clerk form is
the practical filing figure; do not add the two old statutory figures without
checking the clerk.
For LARA filings, the current state fee schedule lists $10 for Form 541 for
corporations and limited partnerships. An LLC pays $25 under §
450.5101(1)(f). Expedited service, if requested, costs extra.
Filing does not create trademark rights
The corporation, LLC, and limited-partnership statutes each say that filing a
certificate "does not create substantive rights" to the assumed name
(§§ 450.1217, 450.4206, 449.1104). County-level rejection of an already-filed or
confusing name is a filing-screening rule. It is not a substitute for trademark
clearance or registration.
What trips people up
- A county filing is not statewide. If a covered noncorporate business
expands into another Michigan county, § 445.1 requires a filing there too. - The two five-year calculations differ. A county certificate runs five
years from filing. A LARA entity certificate runs through December 31 of the
fifth full calendar year after the filing year, so it can last longer than
five calendar years. - The county fee language does not match current clerk forms cleanly. Use
the filing county's current form and instructions rather than calculating a
payment from the old dollar figures in §§ 445.1 and 445.3. - The county-route penalty is not merely administrative. Section 445.5
makes each day a separate misdemeanor, punishable by a $25–$100 fine, up to
30 days in jail, or both. It preserves the contracts but bars suit on matters
done under the name until the filer complies.
Common questions
I formed an LLC. Do I file with my county clerk? No. An LLC using a name
other than the name in its articles or certificate of authority uses the LARA
certificate under § 450.4206. The county Act is the route for covered
noncorporate users.
I work in two counties. Is one county filing enough? Not on the county
route. Section 445.1 requires filing in each county where you conduct or intend
to conduct business or maintain an office.
Does Michigan require a DBA newspaper notice? No. Neither the complete
county procedure nor the entity certificate statutes contain a publication
step.
Can another business use the same DBA after I file? An entity certificate
does not create substantive rights in the name. County clerks screen against
misleading and confusingly similar county filings, but broader brand rights
depend on trademark and prior-use law, not the DBA certificate alone.
Statutes and sources
- Mich. Comp. Laws § 445.1 — county filing trigger, covered persons,
multi-county filing, and the statute's $6 fee language. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 445.1a — five-year county term and renewal. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 445.2 — filing before commencement and county name
screening. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 445.3 — separate $10 indexing/filing language and
certified copies. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 445.4 — corporations and limited partnerships excluded
from Act 101. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 445.5 — misdemeanor, daily offense, preserved
contracts, and curable suit-bar. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 450.1217 — corporation assumed-name certificate, term,
renewal window, and no substantive name rights. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 450.4206 — LLC assumed-name certificate, term, renewal,
and no substantive name rights. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 449.1104 — limited-partnership assumed-name certificate,
term, renewal, and no substantive name rights. Official
text
(accessed 2026-07-28). - Mich. Comp. Laws § 450.5101(1)(f) — $25 LLC assumed-name filing fee.
Official
text
(accessed 2026-07-28). - Michigan LARA Corporations Division fee schedule — current Form 541 fee
for corporations and limited partnerships. Official fee
schedule
(accessed 2026-07-28). - Oakland County Clerk assumed-name instructions — current county filing and
renewal fee. Official county
form
(accessed 2026-07-28).
Source links
Every statute quoted above, linked, with the date we checked it.
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