Starting a business anywhere involves a wide variety of steps. One such essential process is the Doing Business As (DBA) filing. Many entrepreneurs expect to register a Kansas DBA (Doing Business As) but quickly discover that Kansas handles DBAs differently from most states. This article is ideal for new Kansas entrepreneurs deciding between a sole proprietorship and a single-member LLC who want to operate under a name other than their legal name.
It can help you register a DBA in Kansas and explain what a DBA is, why Kansas does not offer traditional DBA registration, the alternative naming options available, and how to file each option correctly.
What Is a DBA (Doing Business As)?
A DBA (Doing Business As) is a legal registration where the business owner is authorized to use a different name other than his or her legal personal name or registered entity name without altering his or her legal entity. As an example, a sole proprietor called John Smith can run a business under the name of Smith Lawn Care. It is essential to note that a DBA does not create a separate legal entity, nor does it provide liability protection.
In many states, DBAs need to be registered at the state or county level. However, Kansas is different as it doesn’t allow DBA registration. This leads to the question among entrepreneurs: How do I register a DBA in Kansas? Kansas offers various alternatives to a DBA that entrepreneurs can use to safeguard their business name.
Important: Kansas Does NOT Offer a Traditional DBA Registration
If you try to find a Kansas DBA form or application form, then you will not find one. This is because Kansas does not offer a state-level or assumed name filing process.
TIP: Always Check Your County First
Kansas does not offer state-level DBA filing, so you won’t find a Kansas state DBA form. However, some Kansas counties do require local DBA or assumed name registration. Check with your county clerk before finalizing your business naming strategy.
The absence of a DBA form often confuses new entrepreneurs researching DBAs in Kansas, who expect a standard registration option. However, this absence doesn’t mean that such a filing step has been ignored or is missing. The reason behind this absence is that Kansas does not mandate filing for assumed business names. Businesses can legally operate without filing a DBA if they follow other appropriate naming methods.
What This Means for Kansas Business Owners
The absence of a Kansas DBA system does not prevent you from operating a business under a different name. This absence simply means the process differs from that in other states. This places responsibility on business owners to choose the appropriate alternative method based on their structure.
The options for name registration differ based on whether you operate as a sole proprietor, a single-member LLC, or a corporation. Business owners must ensure their chosen business name is legally available in Kansas.
Alternatives to a Kansas DBA
Since Kansas doesn’t provide DBA registration, you are required to go for other options. These alternatives are explained below in detail.
1. Forming a Business Entity With the Desired Name
Instead of filing a DBA, many entrepreneurs choose to form an LLC with the name they want to use. This provides them with both usage rights and liability protection. The registration fees for online are USD 160, while for mail, it is USD 165.
The steps to form a business entity with the desired name include searching name availability, filing Articles of Organization with the Kansas Secretary of State, obtaining an EIN, and operating under the legal name of the LLC. This option is best for entrepreneurs who want liability protection in Kansas.
2. Registering a Trademark for Your Business Name
A trademark is a powerful option to protect your business name statewide or nationally. It prevents other individuals and entities from using a confusingly similar name. You can register a state trademark for local protection or a federal trademark for nationwide coverage.
The Kansas state registration costs USD 40 and takes weeks to process. The federal registration costs USD 250 to USD 350 per class and can take 12 plus months for approval. It is best for entrepreneurs who are planning for long-term growth or expansion beyond Kansas.
3. Using a Trade Name Informally
Kansas allows sole proprietors to use an informal trade name without registration. While business owners can market the company under the chosen name, it offers no exclusive rights or formal protection to businesses. Businesses should check name availability and understand the risks of operating without formal registration.
Registering a Fictitious Name for Banking Purposes
Although Kansas does not recognize DBAs, some Kansas banks may require documentation when opening an account under a trade name. Banks may ask for an EIN, business formation documents, and a signed declaration explaining the trade name. This process is to satisfy the banking requirements and does not create a state-recognized Kansas DBA.
Name Availability: What Kansas Business Owners Must Check
It is important to remember that although Kansas doesn’t require a DBA, it is essential to choose a legally safe and unique name for the business. You can visit the Kansas Secretary of State business database to check name availability and confirm that no entity is already registered under the desired name. You should also make sure that the domain name and social media handles are available to protect your brand identity.
Required Documents & Fees
If you are wondering what documents are required to file a DBA in Kansas, the answer depends on the business structure. While Kansas does not have a true DBA filing, here are the documents needed for the alternatives
- Forming an LLC: The documents required are Articles of Organization filed with the Secretary of State and an IRS Form SS-4 to obtain your EIN. The fees for forming an LLC are USD 160 (online) and USD 165 (mail).
- Registering Trademarks: The documents required are a signed application and a specimen, like a photo of the product label, showing the name in active use. The fees range from USD 250 to USD 350 per class.
- Banking Documentation: The documents that are typically requested at the time of banking documentation include a Certification of Trade Name, alongside your EIN and personal ID. The cost is usually USD 0.
Costs Explained
You must have got the answer to the question: What are the fees for registering a DBA in Kansas? Although Kansas has no DBA fees, here is a list of the costs for alternative naming options.
- Forming an LLC: USD 160 (online) and USD 165 (mail).
- State vs. Federal Trademarks: USD 40 for state trademarks and USD 250 to USD 350 per class for federal trademarks
- Optional Services: While searching the state database is free, formally reserving a name for 120 days costs USD 30-35. Similarly, if you hire a registered agent, you might be required to pay USD 50 to USD 300 annually.
Should You Choose a Sole Proprietorship or a Single-Member LLC in Kansas?
The absence of a Kansas DBA affects each structure differently.
- A sole proprietor can use a trade name informally, but has no legal protection. It is suitable for entrepreneurs looking for a quick setup and lower startup costs.
- An LLC can secure a business name formally by forming the entity. It is best suited for entrepreneurs seeking liability protection and tax benefits.
Get Help Setting Up Your Kansas Business
Kansas does not offer DBA registration, but business owners can still operate under another name using recognized alternatives. Choosing the proper structure and name protection route early is essential, as it can prevent legal and financial issues later. Forming an LLC with the desired name is often the simplest and most protective solution.
If you’re also wondering which companies offer Kansas DBA registration assistance, IncParadise is the answer. IncParadise can assist you with LLC or corporation formation, name availability searches, registered agent services, and ongoing compliance. Contact IncParadise today if you want expert guidance in navigating Kansas’s no-DBA system.
