Assumed-Name (DBA) Registration Requirements in Utah
At a glance
| Governing law and scheme | Utah Code Title 42, ch. 2, §§ 42-2-101–205: statewide DBA registration with the Division of Corporations and Commercial Code (2026 S.B. 40, effective Oct. 1, 2026) |
|---|---|
| Who must register | A person carrying on Utah business under a name different from that person’s legal name; corporation or LLC using its true name falls outside Chapter 2. Unregistered general-partnership partners must each register (§§ 42-2-101(1), -104(1),(3), -201(3)) |
| Filing office | Division of Corporations and Commercial Code; certificate includes DBA name, principal business address, each owner’s true name and street address, and Utah registered-agent designation (§§ 42-2-101(5), -201(2)) |
| Filing deadline | File no later than 30 days after beginning business under the DBA; registration effective on Division form approval and stamped/sealed date (§ 42-2-201(1),(5)) |
| Publication requirement | No newspaper-publication step in the current Chapter 2 registration, renewal, or penalty provisions (§§ 42-2-201–205) |
| Filing fee | Published Division fee schedule lists $22 DBA registration (FY2026 schedule available Oct. 2, 2026); statute directs Division to collect required filing fees (§ 42-2-103) |
| Term and renewal | Three-year registration; renewal opens 60 days before expiration. Division notifies registered agent after lapse; if no renewal within 30 days after notice, registration permanently expires and name is claimable (§ 42-2-204(1)–(2)) |
| Name exclusivity | Name must be distinguishable in Division records, subject to statutory judgment route; approval does not displace trademark, service-mark, or common-law trade-name rights (§§ 42-2-104–105, -201(4)) |
| Penalty for noncompliance | Noncompliant DBA may not bring a Utah court action as a DBA until compliance; director may impose a late filing fee up to three times the required filing fee (§ 42-2-205) |
Requirements one by one
Registration, filing office, and deadline
Since October 1, 2026, Utah Code Title 42, Chapter 2 governs doing business as a D.B.A. Section 42-2-101 defines a D.B.A. as a person conducting Utah business under a name different from the person's legal name. Sections 42-2-104(1) and (3) exclude a corporation or LLC operating under its true name.
File a D.B.A. certificate with the Division of Corporations and Commercial Code no later than 30 days after beginning business under the name. Section 42-2-201 requires the DBA name, principal business address, each owner's true name and street address, and designation and maintenance of a Utah registered agent. Each owner or an authorized representative signs. If an unregistered general partnership uses a DBA, each partner must register. Registration becomes effective when the Division receives and approves the statement as to form and stamps or seals it as specified in § 42-2-201(5).
Fee, term, and renewal
The Division's published fee schedule at the checked URL lists $22 for assumed-name registration. The schedule is labeled FY2026, effective July 1, 2025; confirm the current amount when filing. Section 42-2-103 directs the Division to collect the required filing fee.
Section 42-2-204 makes the registration effective for three years. Renewal opens 60 days before expiration. If it expires, the Division sends notice to the registered agent. Failure to renew within 30 days after that notice makes the registration permanently expired and permits another person to claim the name. An authorized representative signs the renewal statement.
Name rights and publication
Under § 42-2-105, the proposed DBA generally must be distinguishable from registered names and trademarks in Division records, subject to the statutory judgment route. Section 42-2-104 preserves statutory and common-law trademark, service-mark, and trade-name rights; Division approval does not authorize infringement. Section 42-2-201 requires a conspicuous notice on the certificate to this effect.
Chapter 2's registration, renewal, and penalty provisions prescribe no newspaper-publication step.
Consequences for operating without registering
Section 42-2-205 bars a noncomplying person from bringing a Utah court action as a D.B.A. until compliance. The director may also impose a late filing fee of no more than three times the required filing fee. The statute states the cap as a multiple; it does not automatically assess three times the fee in every case.
What trips people up
The October 1 replacement is already effective. Former §§ 42-2-5 through -10 and their pre-effective description should not be used as the current filing checklist. The present rules are in §§ 42-2-101 through -205.
The renewal window starts 60 days before expiry. The 30-day period after the Division's expiration notice is a later cure window; after that, another person can claim the name.
A true legal name is outside the DBA chapter. A corporation or LLC using its true name need not register a different DBA. Approval of a different name does not settle competing trademark rights.
Common questions
Must I publish a Utah DBA in a newspaper?
No. The current Chapter 2 specifies the Division certificate, owner information, registered agent, deadline, renewal, and penalty without requiring newspaper notice.
Does an LLC using its exact registered name need this filing?
No. Section 42-2-104(3) excludes an LLC doing business under its true name.
What if the 30-day filing deadline passed?
File to cure. Until compliance, § 42-2-205 prevents an action in Utah court as the DBA, and the director may assess a late fee up to the statutory cap.
Statutes and sources
- 2026 Utah S.B. 40, enrolled, enacting current Utah Code §§ 42-2-101 through -205 effective October 1, 2026; retrieved October 2, 2026.
- Division published fee schedule, retrieved October 2, 2026; labeled FY2026.
Source links
Every statute quoted above, linked, with the date we checked it.
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