Company Legal Name vs. DBA: What It Is and Where to Use It
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Short answer: a company's legal name is the official name of the person or entity that legally owns the business. For an LLC or corporation, it's the exact name on the formation documents filed with the state, including "LLC," "Inc." or a similar designator. For a sole proprietorship, it's the owner's full legal name. Any other name the business uses with customers is a trade name (DBA), and it doesn't replace the legal name on contracts, tax filings or bank accounts.
Legal name vs. trade name (DBA)
| Legal name | Trade name / DBA | |
|---|---|---|
| What it identifies | The legal person or entity | The brand the business operates under |
| Where it's set | State formation filing (LLC, corp) or the owner's own name (sole prop) | Assumed name filing with a county or state |
| Designator ("LLC", "Inc.") | Required for LLCs and corporations | Optional for entities, not allowed for sole props |
| Used on | Contracts, tax returns, W-9s, bank accounts, licenses, lawsuits | Signage, website, marketing, invoices (alongside the legal name) |
| Example | Maple Street Holdings LLC | Maple Street Bookkeeping |
What the legal name is, by business type
- Sole proprietorship: your full legal name, such as "Jane A. Doe." See sole proprietorship name rules for using a different business name.
- General partnership: the partners' names, or a partnership name if one was registered under state law.
- LLC: the exact name in the articles of organization, including the designator ("LLC", "L.L.C.", or "Limited Liability Company", as your state allows).
- Corporation: the exact name in the articles of incorporation, including "Inc.", "Corp.", "Corporation", "Company" or another designator your state accepts.
Punctuation and designators matter. "Maple Street LLC" and "Maple Street, L.L.C." can be treated as different names on a contract or bank form, so copy the name exactly as it appears in the state record.
Where you must use the legal name
- Contracts and leases. The party to the contract is the legal entity. Signing under a trade name alone can create confusion about who's bound.
- Tax filings and W-9s. Line 1 of Form W-9 asks for the name on your tax return. A DBA goes on line 2 ("business name/disregarded entity name").
- Business bank accounts. The account is opened in the legal name, and you can add the DBA if you've filed it.
- Licenses and permits. Most list the legal owner, with the DBA shown separately.
- Invoices. Many businesses show "Legal Name dba Trade Name" so customers and payment processors can match records.
How to find a company's legal name
- Secretary of State business search. For LLCs and corporations, search the state where the company was formed. The record shows the exact registered name.
- Contracts, invoices and receipts. Look for the "dba" line or the name of the party in the contract.
- Website footer, terms of service or privacy policy. These usually name the legal entity behind the brand.
- SEC EDGAR for publicly traded companies.
- Your own business: the name on your formation documents, your IRS EIN confirmation notice, or your most recent tax return.
How to change your company's legal name
- Check availability in your state's business name database.
- File an amendment (articles of amendment) with the Secretary of State and pay the fee. A sole proprietor's legal name only changes when the owner's own legal name changes.
- Notify the IRS. Depending on the entity type, this is done by checking the name-change box on the annual return or by writing to the IRS. The IRS's business name change page explains the method for each business type. Some name changes also require a new EIN; IRS Publication 1635 explains when.
- Update everything else: state tax accounts, licenses, bank accounts, contracts, insurance, payment processors, and your website.
If you only want a new public-facing brand, filing a new DBA is usually simpler than changing the legal name.
Frequently asked questions
Is my DBA my legal name?
No. A DBA is an additional name the legal owner operates under. The legal name stays the same.
Does the legal name need "LLC" or "Inc."?
For LLCs and corporations, almost always yes. State law requires a designator. Sole proprietors may not use one.
What is the "legal business name" on a W-9 for a single-member LLC?
For a single-member LLC taxed as a disregarded entity, line 1 is the owner's name (the name on the tax return), and the LLC's name goes on line 2. Follow the current Form W-9 instructions for your situation.
This guide is general information, not legal or tax advice. Rules vary by state.
Questions? Ask the community or browse more home business guides.