Georgia DBA (Trade Name): File With the County Superior Court Clerk and Publish for Two Weeks
In Georgia, a DBA (doing business as), also called a trade name or assumed name, is not filed with the Secretary of State. You file a trade name registration with the Clerk of Superior Court in the county where the business is chiefly carried on, before the business starts operating under that name. Then you publish a notice once a week for two weeks in the county legal organ, the newspaper that carries the sheriff's advertisements (O.C.G.A. 10-1-490). That is the whole process, and it is where most people go wrong, because the Secretary of State is the office they expect to file with.
If you searched for 'georgia fictitious name' or 'georgia doing business as,' you are looking for the same thing. Georgia does not use the term 'fictitious name certificate' for this filing, so use 'trade name registration' when you talk to the clerk.
This guide covers who needs a trade name, the four steps in order, what it costs, and what a DBA does not do for you. It is informational, not legal or tax advice.
Who needs a trade name in Georgia
You need a trade name registration when you operate under a name that is not your own legal name or the exact name on file for your entity. In practice, that covers:
- Sole proprietors using a business name such as 'Peach State Lawn Care' instead of their own name.
- Partnerships using a name other than the partners' names.
- LLCs and corporations using a name different from the one in their Articles of Organization or Articles of Incorporation. A domestic corporation using another name files in the county of its legal domicile, so confirm that with the clerk.
An LLC or corporation that operates under exactly its filed name does not need a trade name (O.C.G.A. 10-1-492). A sole proprietor who operates under their own full legal name with no added words does not need one either.
Step 1: Check the name before you file
The Secretary of State's business search does not list trade names. A clean result there tells you nothing about whether a name is available as a DBA. Check three sources:
- County records. Search existing trade name filings at the Clerk of Superior Court in the county where you will operate. Ask the clerk's office how to search its records.
- The statewide index. Check the statewide index kept by the clerks' authority for trade names filed in other counties.
- Federal trademarks. Search the U.S. Patent and Trademark Office database for the same or a confusingly similar name. A federal trademark can conflict with your use even when the county record is clear.
The Secretary of State's business search is still worth running, because it shows whether a registered LLC or corporation already uses the name. It just does not answer the DBA question.
Step 2: File the registration with the clerk
Take a registration statement to the Clerk of Superior Court in the county where the business is chiefly carried on. The statement must include:
- the trade name you will use
- the full name and address of each owner
- the nature of the business
Before you go, call the clerk and ask for the current form, the filing fee, whether they accept filings in person or by mail, and which newspaper serves as the county legal organ. Fees differ by county. The clerk fee was about $165 to $166 in the counties checked, but confirm the current amount with your county clerk before you budget for it. Do not start operating under the name until the registration is filed.
Step 3: Publish the notice for two weeks
Once the statement is filed, the notice must run once a week for two weeks in the county legal organ. The publication requirement applies to every trade name registration in Georgia, not just in some counties. The newspaper bills separately from the clerk and its charge varies, so request a quote from the paper before you file.
Keep the proof of publication from the newspaper with your business records. Ask the clerk whether they need a copy for their file.
Step 4: Amend the statement when ownership changes
If the owners of the business change, file an amended statement with the clerk. A DBA that still lists former owners keeps showing them as the people behind the name. Ask the clerk whether the amendment requires new publication and what it costs.
How much a Georgia DBA costs
The clerk fee was about $165 to $166 in the counties checked. The newspaper charge is billed separately and depends on the legal organ and the length of the notice. Use the table below as a budgeting checklist, not a price list.
| Cost item | What to expect | Who sets it |
|---|---|---|
| Clerk filing fee | About $165 to $166 in the counties checked | County Clerk of Superior Court |
| Newspaper publication | Once a week for two weeks in the county legal organ | The newspaper, quoted separately |
| Amended statement after an ownership change | Confirm before filing | County Clerk of Superior Court |
What a DBA does not do
- It gives no liability protection. A sole proprietor using a trade name is personally responsible for the business's debts and obligations, the same as before. A DBA does not create a separate legal entity.
- It does not reserve the name. A DBA does not stop another business from using the same name.
- Skipping it does not void your contracts. Under O.C.G.A. 10-1-491, a business that does not register its trade name does not make its contracts void. That protection is not permission to skip the filing.
If you want separation between personal and business liability, that is a separate decision from the DBA. Talk to an attorney about whether an LLC or corporation fits your situation.
Licenses you still need after the DBA
The DBA is not a business license. Georgia issues no general statewide business license. The Secretary of State issues none, and Department of Revenue sales tax registration is not a business license either. Most businesses need the following:
- Entity registration. If you operate as an LLC or corporation, the entity is registered with the Secretary of State. A DBA does not replace that filing.
- Department of Revenue registration. Register through the Georgia Tax Center if you sell taxable goods or have employees. Sales tax registration is free. The state rate is 4%, and combined state and local rates run from 6% to 9% by county and city (Atlanta is 8.9%). Georgia issues no separate resale permit. When you buy goods for resale, you give your supplier Form ST-5, the certificate of exemption.
- Local occupation tax certificate. This is often called a business license. A city issues it to businesses inside city limits, and the county issues it for unincorporated areas (O.C.G.A. Title 48, chapter 13). A business inside a city pays the city, not the county. More than half of Georgians live outside any city, so for them the county is the issuer. Georgia has 159 counties and about 537 cities and towns, and each sets its own formula, deadlines and prerequisites. Private employers with more than 10 employees must file an E-Verify affidavit to get the certificate (O.C.G.A. 36-60-6). Check with your city or county before you apply.
- Occupational licenses. Regulated trades such as contracting, electrical work, plumbing, cosmetology and real estate are licensed by state boards, including the Secretary of State Professional Licensing Boards Division.
Workers' compensation coverage is required once you have three or more workers, including part-time workers.
Common mistakes
- Filing the DBA with the Secretary of State. It goes to the county clerk.
- Treating a clear Secretary of State business search as proof that the name is free.
- Filing in the wrong county. Use the county where the business is chiefly carried on.
- Skipping the second week of publication or failing to keep the proof of publication.
- Assuming a DBA is a business license. You still need the local occupation tax certificate.
- Assuming the county issues the certificate for every business. A business inside a city pays the city.
Bills have been proposed to move trade name filing to the Secretary of State. A bill of that kind did not become law, so the county clerk remains the filing office. Confirm current practice with the clerk before you file.
Official resources
- Secretary of State Business Division FAQ, including trade name and name reservation information
- Georgia Secretary of State Corporations Division
- Georgia Department of Revenue
- Georgia Tax Center for sales tax registration
- Georgia Small Business Development Center at the University of Georgia
- SBA Georgia district resources
When to get professional help
This page is informational content, not legal or tax advice. Fees, publication rules and local licensing change, and they vary by county and city. Confirm details with the Clerk of Superior Court, the Secretary of State or the Department of Revenue before you file. If you have more than one owner, a trademark conflict, a question about where a corporation is domiciled, or tax questions about how the business is structured, consult an attorney or a CPA.