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Overview of the New Delaware DBA Registration Rule Effective June 2025

Delaware is overhauling its trade name (DBA) registration process effective June 2, 2025, with significant changes that affect all businesses using or planning to use a DBA in the state. The new rules are designed to modernize, centralize, and streamline the registration process, moving away from the previous county-based system. The new system makes it much easier to file and maintain your Delaware DBA.

Key Changes in the DBA Registration Process

1. Centralized Statewide Registration

• DBA (trade name) registrations will now be filed with the Delaware Division of Revenue instead of the prothonotary in each county.

• The process is fully electronic, using the Delaware One Stop online portal.

2. No More County Filings

• The old requirement to register separately in each county where business is conducted is eliminated. One statewide filing now covers all of Delaware.

3. No Notarization Required

• Notarization of DBA applications is no longer necessary under the new system.

4. Mandatory Re-Registration for Existing DBAs

• All businesses with an existing county-level DBA must re-register their trade names with the Division of Revenue between June 2 and August 1, 2025.

• If you fail to re-register by August 1, 2025, your trade name will be released and become available for others to claim.

• There is no fee for re-registration during this window; the $25 filing fee is only assessed for new registrations or late re-registrations.

5. Unique, Statewide Name Protection

• Trade names must be unique statewide and are available on a first-come, first-served basis.

• The new system provides a searchable online database to check name availability.

6. Business License Requirement

• An active Delaware business license is required to register a DBA.

• If your business license lapses for three years, the trade name will be released for others to use.

7. Special Trade Name License for Non-Delaware Businesses

• Delaware LLCs and corporations not actively doing business in Delaware can register a trade name by obtaining a Special Trade Name License for $25 per year.

• This license exempts the entity from gross receipts and income tax filings as long as it does not transact business in Delaware.

8. No Renewal Required for Active Businesses

• Once registered, a trade name does not expire as long as the business maintains an active Delaware business license.

Comparison: Old vs. New Delaware DBA Registration

Action Steps for Businesses

• Check the Delaware Division of Revenue website for the new online portal and guidance.

• Re-register your existing DBA between June 2 and August 1, 2025, to avoid losing your trade name.

• Ensure you have an active Delaware business license or obtain a Special Trade Name License if not transacting business in Delaware.

• Confirm your desired trade name is available using the new online database before registering.

Additional Notes

• The new law applies to all business entities, including sole proprietors, partnerships, LLCs, and corporations.

• For unincorporated associations, individual names of all members must be certified and filed with the Division of Revenue.

• The new system is expected to reduce administrative burden and improve name protection for Delaware businesses.

For further details and updates, consult the Delaware Division of Revenue or review House Bill 40, which codifies these changes.