Doing business as (DBA) is the legal procedure for running a company using a name that isn’t the owner’s actual name. A DBA is frequently referred to in Utah as a “Trade Name.” Without having to establish a new company structure, enterprises can advertise their goods or services under a specific brand thanks to trade names. The DBA registration requirements of Utah must be met by companies using a Trade Name.
The duration of a Trade Name’s validity is not specified under Utah State law. Trade Names, however, need to be renewed every five years. A renewal application must be submitted, and the necessary fees must be paid. A company’s trade name becomes available to other companies if it doesn’t renew. In order to prevent losing your trade name, it is crucial to keep it up to date.
Associating a Trade Name with a Limited Liability Company (LLC) is the process of linking a DBA to an LLC. The Utah Division of Corporations and Commercial Code requires that you register your trade name before you can use it to conduct business. By submitting an Amendment to Articles of Organization with the Utah Division of Corporations and Commercial Code once your Trade Name has been approved, you may then attach it to your LLC. The Trade Name you intend to use should be listed in the Amendment along with its registration number.
Since a Trade Name functions as an extension of your LLC, it is protected from liability by the LLC. The tax position of an LLC is unaffected by the association of a Trade Name with an LLC, nevertheless. The LLC must still use its legal name while filing tax returns.
Articles of Amendment must be filed with the Utah Division of Corporations and Commercial Code in order to change an LLC’s name there. The current name of the LLC, the new name, and the date the name changed should all be stated in the Amendment. The LLC’s name is changed to the new name after the Amendment is accepted.
A Withdrawal of Trade Name must be filed with the Utah Division of Corporations and Commercial Code in order to cancel a DBA in Utah. The Withdrawal shall state the Effective Date of the Withdrawal and the Registration Number of the Trade Name. The Trade Name is no longer active after the Withdrawal is granted, and no other company may use it.
To sum up, a Trade Name or DBA is a useful tool for companies in Utah to market their goods or services under a specific brand. Every five years, the Trade Name must be renewed, and companies are required to maintain it in order to retain it. It is easy to link a trade name to an LLC, and doing so has no impact on the LLC’s tax or liability status. Businesses can complete the simple steps involved in renaming an LLC and terminating a DBA by according to the standards provided by the Utah Division of Corporations and Commercial Code.