Virginia DBA Filing: Assumed / Fictitious Name & Cost (2026)
In Virginia a DBA is called an assumed or fictitious name. A registered business entity files it with the Virginia State Corporation Commission (SCC) for a $10 fee under section 59.1-70 of the Code of Virginia. Since January 1, 2020, entities file centrally with the SCC rather than the circuit court, and Virginia requires no newspaper publication.
Quick Answer
- Virginia term
- Assumed or fictitious name (the state name for a DBA / “doing business as”)
- Agency (entities)
- Virginia State Corporation Commission (SCC), Clerk's Office
- Governing law
- Va. Code § 59.1-69 to § 59.1-76 (Chapter 5, Title 59.1)
- Fee
- $10 to file the certificate (2026)
- Publication
- None required in Virginia
- Duration
- Stays in effect until you release or change it
What a DBA Is in Virginia (Assumed Name)
A DBA - “doing business as” - is any name a person or business uses that is not its own legal name. Virginia does not use the phrase “DBA” in its statutes; it calls the same thing an assumed or fictitious name. A sole proprietor named Maria Lopez who runs “Sunrise Bakery” is using a fictitious name, and so is an LLC legally named “Lopez Ventures LLC” that operates a storefront branded “Sunrise Bakery.” Registering the assumed name is what makes that use lawful under Virginia law.
An assumed name is not a separate legal entity, does not create liability protection, and does not by itself give you exclusive rights to the name. It is simply a public record that links a trade name to the real person or company behind it. If you want a separate legal entity with liability protection, you form an LLC instead; if you want exclusive rights to a brand, you pursue a trademark. For the national overview, see what is a DBA.
Agency and Law: SCC, Va. Code § 59.1-70
Assumed and fictitious names are governed by Chapter 5 of Title 59.1 of the Code of Virginia (sections 59.1-69 through 59.1-76), the assumed name law. Effective January 1, 2020, Virginia moved these filings for business entities out of the circuit courts and made the State Corporation Commission the central filing office. Today, a corporation, LLC, limited partnership, or business trust that wants to operate under a trade name files a certificate of assumed or fictitious name with the SCC Clerk's Office, online through the Clerk's Information System (CIS) or by mail.
The certificate asks for the entity's true legal name and SCC ID, the assumed name it will use, and the localities where the name will be used. The fee is $10, set by section 59.1-70. Operating under an unregistered assumed name violates the statute, so registration is not optional if you trade under a name other than your legal name. To stop using the name, you file a certificate of release; to correct information, you file an amended certificate.
No Newspaper Publication Requirement
Virginia is on the simpler end of the DBA spectrum: it imposes no publication requirement. You do not have to advertise your assumed name in a newspaper before or after filing. This is a meaningful contrast with states like Florida, which requires a newspaper notice, and New York, which imposes a heavy LLC publication burden. In Virginia the certificate itself - recorded in the SCC's public register - provides the notice, so the only cost is the $10 state fee.
One nuance to keep in mind: while entities file centrally with the SCC, an unincorporated sole proprietor or general partnership operating under a trade name also files an assumed name certificate with the Commission under the same chapter, so both registered entities and individuals use the SCC route today. If you are unsure which path applies to you, confirm on the SCC's fictitious-name FAQ before filing.
How to Register a Virginia Assumed Name
The process is short and can usually be completed online in one sitting:
- Search the name. Use the Virginia business entity search in CIS to confirm the assumed name is not already in use and does not conflict with an existing entity or registration.
- Confirm your legal name and SCC ID. Have your entity's exact registered name and SCC ID number ready.
- File the certificate. Submit the certificate of assumed or fictitious name in CIS (or by mail) and pay the $10 fee.
- Update your records. Use the registered assumed name on your bank account, invoices, and licenses. Get an EIN if you have not already.
- Keep proof. Save the recorded certificate; banks and vendors may ask to see it when you open accounts under the trade name.
Once the SCC records the certificate, the assumed name appears in the public register and is effective immediately.
Virginia DBA Fees (2026)
The state charges a flat fee to file or release an assumed name certificate. All amounts below are set by the State Corporation Commission and are effective for 2026.
| Item | Fee (2026) | Notes |
|---|---|---|
| Certificate of assumed or fictitious name | $10 | Per name, filed with the SCC |
| Amended certificate | $10 | To correct information |
| Certificate of release | $10 | To stop using the name |
| Newspaper advertisement | $0 | Not required in Virginia |
| Federal EIN (IRS) | $0 (free) | As needed |
Because fee schedules change, confirm the current amounts on the SCC forms-and-fees page before filing. For how a DBA fits your total startup budget, see Virginia LLC cost.
Release, Amendment, and Changes
A Virginia assumed name registration does not expire on a fixed calendar like Florida's five-year fictitious name; it remains on record until you take action. If the underlying entity's legal name changes, or you stop using the trade name, you file an amended certificate or a certificate of release, each for the same $10 fee. Keeping the record accurate matters because the assumed name is tied to your entity's SCC record. If you close the business entirely, release the assumed name and, if you also formed an entity, complete the dissolution steps for the LLC or corporation.
DBA vs LLC vs Trademark
These three tools are often confused, but they do different jobs. An assumed name only makes it lawful to operate under a trade name; it is a $10 filing with no liability protection and no exclusive rights. An LLC is a separate legal entity that shields your personal assets and is created by filing Articles of Organization (Form LLC-1011) for $100. A trademark - registered with the state or, more powerfully, with the U.S. Patent and Trademark Office - gives exclusive rights to use a brand for particular goods or services.
Many businesses use more than one: an LLC that operates several brands files an assumed name for each brand and a federal trademark for the ones it wants to protect. A practical example makes the distinction concrete. Suppose you register the assumed name “Sunrise Bakery” under your LLC. That $10 filing lets you legally open a bank account, sign a lease, and advertise under that name. It does not stop another Virginia business from registering the same or a similar trade name, because an assumed name is not exclusive. If you want to stop competitors from using the name, you need a trademark; if you want the business itself to be a liability-shielded entity, you form an LLC. Sole proprietors who never form an entity can still register an assumed name and should get an EIN to avoid putting a personal Social Security number on business paperwork.
An assumed name also does not change how the business is taxed. A sole proprietor operating under a Virginia assumed name still reports business income on their personal return, and an LLC operating under an assumed name is taxed exactly as the LLC would be under its legal name. The registration is about the name, not the tax status. For how business income flows through, see the national business tax overview and S-corp vs LLC.
Frequently Asked Questions
What is a DBA called in Virginia?
An assumed or fictitious name. Since 2020 a Virginia entity registers it with the State Corporation Commission under Chapter 5 of Title 59.1. See what is a DBA.
How much does a Virginia DBA cost?
$10 to file the certificate of assumed or fictitious name with the SCC, set by Va. Code § 59.1-70. Amendments and releases are also $10 each.
Do I have to advertise an assumed name in Virginia?
No. Virginia has no newspaper publication requirement for assumed names, unlike Florida or New York. You just file the certificate with the SCC.
Where do I file a Virginia fictitious name?
A registered entity files centrally with the State Corporation Commission, not the circuit court. This changed effective January 1, 2020.
Does a DBA protect my business name in Virginia?
No. An assumed name gives no exclusive rights. For brand protection you need a state or federal trademark, which is a separate filing.
Do I need a DBA if I formed an LLC in Virginia?
Only if the LLC trades under a name different from its exact registered legal name. Operating solely under the registered name needs no separate assumed name.
Related
- What is a DBA? (cluster hub)
- How to form an LLC in Virginia
- Virginia Articles of Organization
- Virginia registered agent
- Virginia business entity search
- How much does a Virginia LLC cost?
- How to register a trademark
- How to get an EIN
- Business license in Virginia
- Florida DBA (fictitious name) filing (compare)
- How to dissolve an LLC in Virginia
- Legal glossary
Sources
- Virginia State Corporation Commission - Fictitious Names FAQ (SCC as central filing office since Jan 1, 2020; $10 fee).
- Virginia State Corporation Commission - Forms and Fees (certificate of assumed or fictitious name; release).
- Virginia State Corporation Commission - Clerk's Information System (CIS) name search.
- Virginia Law - § 59.1-70, Filing a certificate with the State Corporation Commission; fee ($10).
- Virginia Law - § 59.1-69, Transacting business under an assumed name.
- Virginia Law - Title 59.1, Chapter 5 (Transacting Business under Assumed Name).
- Virginia Law - § 13.1-1011, Articles of organization (LLC alternative).
- Virginia Department of Taxation - Register a Business in Virginia.
- Justia - Code of Virginia, Title 59.1, Chapter 5 (Assumed Name).
- IRS - Business name / doing business as.
- IRS - Get an Employer Identification Number (free EIN).
- U.S. Patent and Trademark Office - Trademark basics (a DBA is not a trademark).
- Cornell Legal Information Institute - Trademark.
LegalGlass provides general information for educational purposes and is not a law firm or a substitute for advice from a licensed attorney or tax professional. Laws, fees, and deadlines change; verify current requirements with the Virginia State Corporation Commission before acting.