Assumed-Name (DBA) Registration Requirements in West Virginia
At a glance
| Governing law and scheme | W. Va. Code §§ 47-8-2 to -5 — mandatory statewide trade-name registration |
|---|---|
| Who must register | Individuals, sole proprietorships, and general partnerships using a name other than the owners' real names (§ 47-8-2); corporations, LPs, LLPs, LLCs, business trusts, and voluntary associations using a name other than their registered name (§ 47-8-4) |
| Filing office | West Virginia Secretary of State (§§ 47-8-2, -4) |
| Filing deadline | Before carrying on or transacting business under the assumed or trade name (§§ 47-8-2, -4) |
| Publication requirement | None. Article 47-8 requires a Secretary of State filing but no newspaper notice |
| Filing fee | No fee for individuals, sole proprietorships, or general partnerships; $25 for corporations, LLCs, LPs, LLPs, voluntary associations, and business trusts (Secretary of State) |
| Term and renewal | No fixed expiration or renewal. A registered entity must withdraw the trade name when it discontinues use (§ 47-8-4(c)) |
| Name exclusivity | Registration does not protect the trade name from use by others; entity names are screened for distinguishability (Secretary of State; § 47-8-4(a)(2)) |
| Penalty for noncompliance | Willful failure is a misdemeanor: $25–$100 fine, up to 30 days in county jail, or both (§ 47-8-5) |
Requirements one by one
Two filing routes cover the main business types
West Virginia Code § 47-8-2 covers individuals, sole proprietorships, and general partnerships. They may not conduct business under a name other than the owners' real names unless they file with the Secretary of State. The filing states the trade name, the owners' full real names and addresses, and must be executed and acknowledged.
W. Va. Code § 47-8-4(a) separately covers corporations, LPs, LLPs, LLCs, business trusts, and voluntary associations required to register with the Secretary of State. An entity using a name different from its registered name files an application stating both names, its principal-office address, and an authorized signer's name, title, and signature. A new filing is required for each other assumed name the entity wants to use.
State filing, no publication, and split fees
Both routes file with the Secretary of State. W. Va. Code § 47-8-3 requires the office to keep a searchable database of the filings. The complete Article 47-8 contains no county-clerk or newspaper-publication step.
The Secretary of State charges no filing fee to an individual, sole proprietorship, or general partnership. The charge is $25 for a corporation, LLC, LP, LLP, voluntary association, or business trust.
No renewal, but withdraw after discontinuing an entity trade name
Article 47-8 sets no fixed expiration date or recurring renewal. Under § 47-8-4(c), a registered entity that discontinues a trade name must file a certificate of withdrawal stating the discontinued name, real name, address, and original registration date.
Willful noncompliance is a misdemeanor
Under § 47-8-5, a willful failure to comply with either filing route is a misdemeanor. The possible sentence is a $25 to $100 fine, up to 30 days in county jail, or both.
What trips people up
- The free route is not a county filing. Individuals, sole proprietorships, and general partnerships use the Secretary of State's TN-1 process even though the form first requires the business to be registered with the State Tax Department.
- Name screening is not ownership. Section 47-8-4 requires an entity's proposed trade name to be distinguishable in the state records, but the Secretary of State says registration does not protect the name from use by other companies.
- Each additional entity trade name needs a new filing. One registration does not automatically cover every name an entity may use.
- The penalty requires a willful failure. Section 47-8-5 does not describe every filing mistake as an automatic misdemeanor.
Common questions
Must every partner sign the unincorporated-business form?
The Secretary of State's current TN-1 form says all general partners must be listed and must sign the application.
Is the filing a trademark registration?
No. The Secretary of State expressly says trade-name registration does not protect the name from use by other companies and points businesses to trademark or service-mark registration for that separate protection.
What happens to an entity's trade names if the entity ends?
The Secretary of State says the trade names terminate when the company dissolves, terminates, or withdraws. A company that merely stops using one name should withdraw that trade-name registration.
Statutes and sources
- W. Va. Code §§ 47-8-2 through 47-8-4 — mandatory filings for unincorporated businesses and registered entities, searchable database, contents, distinguishability, separate entity-name filings, and withdrawal. Official complete article and date-stamped PDF (accessed 2026-07-25).
- W. Va. Code § 47-8-5 — willful-violation misdemeanor, $25–$100 fine, and up to 30 days in county jail. Official complete article (accessed 2026-07-25).
- West Virginia Secretary of State, File a Trade Name (DBA) Registration — filing method, name screening, and current entity-specific fees. Official page (accessed 2026-07-25).
- West Virginia Secretary of State, What Is a Trade Name (DBA)? — no name protection through registration and withdrawal/termination guidance. Official page (accessed 2026-07-25).
- West Virginia Secretary of State, Form TN-1 — current July 2026 form for individuals, sole proprietorships, and general partnerships. Official form (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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