Virginia DBA: File the Assumed Name with the SCC for $10 (Not the Circuit Court)
If you do business in Virginia under any name other than your own legal name, you file a Certificate of Assumed or Fictitious Name with the State Corporation Commission (SCC) Clerk's Office. The fee is $10. You file it with the SCC, not with the circuit court.
This guide covers what the SCC requires for a Virginia DBA, what the filing does and does not do, and how to release a name you no longer use. Virginia's rules are simple, but people still overpay, file in the wrong office, or skip the filing and create problems with a bank or the local license office.
Who Needs to File
Anyone doing business under a name other than their own legal name must file. That includes:
- Sole proprietors using a trade name such as "Blue Ridge Bakery" instead of their own name
- General partnerships and trusts doing business under a separate name
- LLCs and corporations operating under a name that differs from the name on their SCC records
If your LLC or corporation is already on SCC records, the assumed name filing is linked to that entity in the Clerk's Information System. A sole proprietor's filing is tied to the individual. Either way, the fee is $10.
How to File a DBA in Virginia
You have two ways to file:
- Online: Use the SCC Clerk's Information System (CIS) at cis.scc.virginia.gov. This is the fastest route and gives you an immediate record of the filing.
- By paper: Mail the completed form and the $10 fee to the SCC Clerk's Office, P.O. Box 1197, Richmond, VA 23218-1197.
Use the correct form. The SCC provides one form for business conducted by an entity (an LLC, corporation, or partnership) and a separate form for business conducted by an individual. Filing the wrong one can lead to a rejected or inaccurate record, so check which applies to you before you submit. The general SCC business information page is at scc.virginia.gov/businesses.
After you file, you receive a receipt. If a bank, landlord, or government office asks for proof that the name is on file, you can order a certified copy, called a Certificate of Fact, for $6.
Virginia Name Rules
The rules for an assumed name are much looser than the rules for an entity name:
- It does not have to be unique. Other businesses can file the same assumed name.
- It does not need an entity designator. You do not have to add LLC, Inc., or any other suffix.
- It has no wording restrictions. The name is not limited the way an LLC or corporation name is.
There is also no renewal date, no five-year term, no newspaper publication requirement, and no notarization. Some older guides say otherwise. They are out of date.
What the Filing Does Not Do
The SCC accepts the certificate, but it does not decide who has the right to use a name. A filing gives you no trademark protection. Two businesses can file the same assumed name, and the SCC will not referee between them.
If you want to protect a brand, do two things before you rely on the name:
- Search the USPTO trademark database to see whether the name is already registered or in use for similar goods or services.
- Talk to an attorney about whether you need a federal or state trademark.
For entity names, check name availability on the SCC business search at cis.scc.virginia.gov.
A DBA Is Not an Entity Name
People mix these up often. An LLC or corporation has a legal name that sits on SCC records and is protected from confusingly similar entity names. An assumed name that the entity uses in day-to-day business is a separate filing. If you form an LLC called "Peak Ridge Holdings, LLC" and sell under "Peak Ridge Coffee," you need both the LLC formation and an assumed name certificate for Peak Ridge Coffee.
If you have not formed an entity yet, you can reserve an entity name with the SCC for $10 for 120 days. See our Virginia business name search guide for the reservation process. If you are ready to form an LLC, read how to start an LLC in Virginia.
What Happens If You Skip the Filing
Using an assumed name you have not filed is a misdemeanor in Virginia. The penalty can be a fine of up to $2,500, up to one year in jail, or both. The bigger practical problem is civil. A business using an unfiled assumed name cannot maintain a lawsuit in any Virginia court, so you may be unable to enforce a contract or collect a debt under that name.
The filing also affects your local license. A commissioner of the revenue may not issue a local business license until the assumed name certificate is filed with the SCC and you provide evidence of the filing. Your bank may also ask for the certificate before it opens an account in the assumed name. Ask your bank what it needs, since requirements differ by institution.
The Local License Question
Virginia has no general statewide business license, and the SCC does not issue one. The business license you may hear about is the Business, Professional and Occupational License (BPOL) tax under Va. Code 58.1-3700 et seq. BPOL is a local tax, administered by each city or county, usually through the Commissioner of the Revenue.
Not every locality levies a BPOL tax. Va. Code 58.1-3704 allows a locality to levy no general license at all. Some counties and towns have no general county license, and towns can take the place of the county tax. Localities set their own rates and filing deadlines, and a locality over 50,000 people can waive the license for smaller operations, so check your locality's code and ask the Commissioner of the Revenue's office directly. Confirm the current waiver ceiling with that office as well.
For a broader walkthrough of the local license process, see Virginia business license requirements.
How to Release an Assumed Name
When you stop using a name, file a certificate of release. The fee is $10, and you can file it in CIS or on paper. This keeps your record accurate and helps when you later try to reuse the name for a different business.
A name filed before 2020 with a circuit court is different. Those names are released at the circuit court clerk's office, on paper only, for $10. Check with that clerk's office to confirm the current procedure.
Watch for Look-Alike Services
Some mail solicitations and websites imitate the SCC and charge extra to file a certificate of assumed name. The official filing fee is $10. Before you pay anyone, go to the SCC website or CIS directly.
If you are a sole proprietor, the process is the same. See sole proprietorship rules in Virginia for the SCC filing and the $10 fee.
Quick Checklist
- Confirm the name is not already in use by a business you could be confused with, and search the USPTO trademark database if you plan to build a brand.
- Choose the correct SCC form for an entity or an individual.
- File online at cis.scc.virginia.gov or by mail to P.O. Box 1197, Richmond, VA 23218-1197, with the $10 fee.
- Keep your receipt. Order a $6 certified copy if a bank or agency asks for proof.
- Check your locality's BPOL requirements with the Commissioner of the Revenue.
Important Note
This guide is informational content, not legal or tax advice. Virginia's filing rules and local license rules can change, and your situation may involve trademark, contract, liability, or tax questions that need individual review. Talk to a qualified Virginia attorney for legal questions and a CPA for tax questions, especially if you plan to operate under several names or run a regulated business.
For official forms and current fees, go to the SCC at scc.virginia.gov/businesses and Virginia Tax at tax.virginia.gov.