Assumed-Name (DBA) Registration Requirements in Tennessee
At a glance
| Governing law and scheme | Entity-specific statewide assumed-name system under T.C.A. §§ 48-14-101 (for-profit corporations), 48-54-101 (nonprofits), 48-207-101 and 48-249-106 (LLCs), plus partnership statutes listed on current form SS-4402; no general county fictitious-name act |
|---|---|
| Who must register | A domestic or authorized foreign corporation or LLC using a name other than its true entity name must file before transacting under it (T.C.A. §§ 48-14-101(d), 48-207-101(d), 48-249-106(d)). Current form SS-4402 also accepts nonprofits, partnerships, and limited partnerships. It is not an individual/sole-proprietor form |
| Filing office | Tennessee Secretary of State, Division of Business and Charitable Organizations — statewide filing on form SS-4402 or through the online business portal |
| Filing deadline | Before transacting business in Tennessee under the assumed name (§§ 48-14-101(d), 48-207-101(d), 48-249-106(d)) |
| Publication requirement | None — the governing assumed-name sections and current SS-4402 filing require no newspaper notice |
| Filing fee | $20 for registration, change, cancellation, or renewal under the current Secretary of State forms-and-fees schedule |
| Term and renewal | 5 years from filing. Corporations and LLCs renew for another 5 years during the 2 months before expiration (§§ 48-14-101(d), 48-207-101(d), 48-249-106(d)); failure to renew causes Secretary of State cancellation |
| Name exclusivity | Registry priority, not a trademark guarantee: the assumed name must be distinguishable on the Secretary of State's records, while unfair-competition, common-law, equity, state, and federal name rights remain intact (§§ 48-14-101(b), (g); 48-249-106(b), (h)) |
| Penalty for noncompliance | No separate assumed-name fine or contract suit-bar appears in the cited name sections. Failure to renew cancels the filed right; dissolution or revocation also triggers cancellation (§§ 48-14-101(f), 48-249-106(g)) |
Requirements one by one
Which businesses use the state filing
Tennessee's assumed-name system is built into its entity laws. A corporation or LLC using a name other than its true filed name must submit an application to the Secretary of State "before transacting any business in this state" under that name (§ 48-14-101(d), § 48-207-101(d), and § 48-249-106(d)). The current SS-4402 form also lists nonprofit corporations, partnerships, and limited partnerships.
This is why the Secretary of State says Tennessee uses the term "assumed name" rather than treating every informal DBA as one universal filing. An individual sole proprietor is not listed on SS-4402; the separate business-tax application can still ask for a DBA name, but that tax/license record is not the Title 48 assumed-name registration.
Five-year term and two-month renewal window
For corporations and LLCs, the right begins on filing and lasts five years. Renewal is not due at any point during the fifth year: the statutes specify the "two (2) months preceding" expiration (§§ 48-14-101(d), 48-207-101(d), 48-249-106(d)). Missing renewal causes the Secretary of State to cancel the right to use the filed assumed name under § 48-14-101(f) and § 48-249-106(g).
What the filing does—and does not—protect
The proposed name must be distinguishable on the Secretary of State's records. But the corporation and LLC statutes preserve unfair-competition law, common law, equity, and state and federal trademark rights (§§ 48-14-101(g), 48-249-106(h)). Acceptance in the entity registry is therefore not a decision that the name is free of every earlier user's claim.
What trips people up
- The deadline is before use, not shortly after it. The current statutes do not give a five-day or 30-day grace period. Corporations and LLCs file before transacting under the assumed name.
- The renewal window is only the final two months. A five-year term does not mean a renewal can be filed at any time in year five.
- No newspaper publication is part of the state filing. SS-4402 goes to the Secretary of State with the fee; the governing sections contain no newspaper notice or proof-of-publication step.
- There is no assumed-name-specific fine or suit-bar in these sections. The direct statutory consequence stated here is cancellation after nonrenewal, dissolution, revocation, or a filed change/cancellation.
Common questions
Does a sole proprietor use SS-4402? The current form is written for the listed entity types, not individuals. A sole proprietor should separately check the county and city business-tax/license process, whose state application has a DBA field, without treating that as a Title 48 assumed-name certificate.
Can I change the assumed name during the five-year term? Yes. The entity statutes provide a change application; the Secretary of State currently lists form SS-4403 and a $20 fee. A changed LLC name starts a new five-year period under § 48-249-106(f).
Statutes and sources
- T.C.A. § 48-14-101 — for-profit corporate assumed names, pre-use filing, five-year term, two-month renewal, cancellation, and preserved name rights. Official-code transform (accessed 2026-07-25).
- T.C.A. § 48-207-101 — assumed names under the Tennessee Limited Liability Company Act. Official-code transform (accessed 2026-07-25).
- T.C.A. § 48-249-106 — assumed names under the Revised Limited Liability Company Act. Official-code transform (accessed 2026-07-25).
- Tennessee Secretary of State SS-4402 — current multi-entity application and $20 fee. Official form (accessed 2026-07-25).
- Tennessee Secretary of State Business Forms & Fees — registration, change, cancellation, and renewal forms and fees. Official schedule (accessed 2026-07-25).
- Tennessee Department of Revenue business-tax application — separate DBA field in the tax/license process. Official form (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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