Name/DBA Fictitious Business Name Notice - Preparation Worksheet - Delaware

DELAWARE TRADE NAME FILING WORKSHEET

(Delaware – 6 Del. C. § 3101 et seq.)

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
   A. Adoption of Fictitious Name
   B. Registration, Licensing, and Duration
   C. No Statutory Publication Step
IV. Representations & Warranties
V. Covenants & Undertakings
VI. Default & Remedies
VII. Miscellaneous
VIII. Execution Block

I. DOCUMENT HEADER

1. Title: Delaware Trade Name Filing Worksheet

2. Parties:
   a. Owner: [LEGAL NAME OF OWNER/ENTITY] (“Owner”)
   b. Fictitious Business Name: [FICTITIOUS NAME / “DBA”] (“FBN”)

3. Effective Date: [EFFECTIVE DATE]

4. Governing Law: State of Delaware
5. Filing Authority: Delaware Division of Revenue through Delaware One Stop

II. DEFINITIONS

For purposes of this Certificate & Notice, the following terms have the meanings set forth below:

“Delaware Trade Name Registry” – the statewide electronic registry administered by the Division of Revenue beginning February 2, 2026.

“FBN Certificate” – the filing under 6 Del. C. Chapter 31 identifying the Owner and the trade name.

“Owner” – each individual or entity conducting business under the FBN, including any successors by merger, conversion, or assignment.

“Business License” – the Delaware business license or Trade Name-Only License associated with a filing in the statewide registry.

“Historic Filing” – a trade-name registration recorded with a Superior Court Prothonotary before February 2, 2026, which remains recognized without mandatory re-registration.

III. OPERATIVE PROVISIONS

A. Adoption of Fictitious Name

1. The Owner hereby adopts and will conduct business in Delaware under the FBN.
2. The principal business address is [FULL STREET ADDRESS, CITY, STATE, ZIP].
3. Nature of business: [BRIEF DESCRIPTION].

B. Registration, Licensing, and Duration

1. Registrant classification. An individual, firm, or association using a trade name that does not disclose the required legal names must file under 6 Del. C. § 3101. A corporation or limited liability company may, but is not required to, register a trade name under § 3108.
2. Current filing route. New filings are submitted statewide through Delaware One Stop and require an associated Delaware business license. The filing fee is $25 per trade name.
3. Historic filings. A trade name recorded with a Superior Court Prothonotary before February 2, 2026 remains recognized. Optional no-fee re-registration into the Division of Revenue registry is available with the historic court file number and an associated business license.
4. Duration. Trade names in the current registry do not separately expire or renew, but the underlying business license must remain active to keep the trade name in good standing.

C. No Statutory Publication Step

1. The current statewide process does not require newspaper publication.
2. Do not publish this Worksheet as a purported statutory notice. Any publication undertaken for a private contract is separate from Chapter 31 registration.

IV. REPRESENTATIONS & WARRANTIES

1. Authority. The Owner possesses full power and authority to adopt and use the FBN.
2. Non-Contravention. The FBN does not infringe, dilute, or otherwise violate any trademark, trade name, or similar proprietary right of any third party to the Owner’s knowledge after reasonable inquiry.
3. Accuracy. All information contained in the FBN Certificate and in this Notice is true, correct, and complete as of the Effective Date.

[Survival. The representations and warranties in this Section survive for so long as the FBN remains in use.]

V. COVENANTS & UNDERTAKINGS

1. Continuous Compliance. The Owner shall keep the associated business license active and update or terminate the trade name through Delaware One Stop as appropriate.
2. Trademark Matters. The Owner will promptly address any third-party claims of infringement relating to the FBN.
3. Membership changes. A firm or association that filed under § 3101 shall file the supplemental certificate required by § 3102 within ten days after a membership change.

VI. DEFAULT & REMEDIES

1. Current penalty. Until August 23, 2026, § 3106 provides a fine of not more than $100, imprisonment for not more than three months, or both, for violations of §§ 3101–3104. The version effective August 23, 2026 removes § 3103 from that penalty cross-reference.

2. False filings. Section 3105 addresses willfully false affidavits. Delaware One Stop states that notarization is no longer required for the online application as of February 2, 2026.

3. Filing effect. Registration does not adjudicate trademark or other ownership rights and this Worksheet creates no private cure period, fee award, or automatic cancellation remedy.

VII. MISCELLANEOUS

1. Governing Law. This Notice and any dispute arising hereunder are governed by the laws of the State of Delaware without regard to conflict-of-laws principles.
2. Forum Selection. This Worksheet creates no exclusive judicial forum.
3. Amendments. Update or terminate the registry record through Delaware One Stop; a transfer to a different taxpayer ID requires cancellation and a new registration.
4. Severability. If any provision herein is held invalid, the remaining provisions shall remain in full force and effect.
5. Official filing controls. This Worksheet does not replace the Delaware One Stop filing or the Delaware Trade Name Registry record.

VIII. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned executes this Certificate & Public Notice of Fictitious Business Name as of the Effective Date first written above.

[INDIVIDUAL OWNER SIGNATURE BLOCK]
_____________________________________
Signature
[PRINTED NAME], Owner

—or—

[ENTITY OWNER SIGNATURE BLOCK]
_____________________________________
[NAME OF ENTITY]
By: __________________________________
Name: _______________________________
Title: ________________________________

[Corporate Seal, if applicable]

SOURCES AND REFERENCES

• Delaware Code Online — Title 6, Chapter 31
• Delaware One Stop — Register or Modify Trade Names
• Delaware Division of Revenue — Trade Name FAQs