UPDATE as of May 28, 2025: Implementation has been delayed until February 2, 2026. Business entities should still prepare for this coming change.
Delaware has overhauled how business entities register and maintain trade names in the state. The operative provisions of the new law are scheduled to take effect on June 2, 2025; however, a pending bill may delay implementation to February 2, 2026.
Key Changes Under the New Law
- Statewide, Online Registration:
Trade name, sometimes colloquially referred to as “doing business as” or “DBA”, registration will move from the county-level Superior Court prothonotaries to a centralized, statewide system administered by the Delaware Division of Revenue. All filings will be completed electronically via the Delaware One Stop portal. Paper forms and notarization will no longer be required. FAQs published by the Delaware Department of Revenue can be found here.
- Mandatory Re-Registration for Existing DBAs:
All businesses with existing Delaware trade names/DBAs must re-register their names in the new system. The re-registration window is expected to run from June 2, 2025, through August 1, 2025. Failure to re-register by the deadline will result in the release of the trade name, making it available for others to claim. There is no state fee for re-registering an existing DBA during this window.
- First-Come, First-Serve System:
The new system will operate on a first-come, first-serve basis. There is no guarantee that an existing trade name will be available if another business registers it first in the new system.
- Single Statewide Fee:
The filing fee for new trade name registrations will remain $25, but it will now cover the entire state, eliminating the need to pay separate fees for each county.
- Business License Requirement:
For entities not conducting business in Delaware but seeking a Delaware trade name, a special “Trade Name Only” business license is available for $25, but will expire on December 31st of the year issued. There is an optional 3-year renewal for $75.
- No Regular Renewal Required:
Once registered, a trade name does not expire and does not require renewal, provided the business maintains an active business license or trade name only license.
Action Items for Businesses
- Prepare for Re-Registration:
- Review your current trade name(s).
- Access or create a Delaware One Stop account via https://onestop.delaware.gov/ and ensure you have an active Delaware business license (or consider a “Trade Name Only” license).
- Ensure your business address and contact information are up-to-date with the Delaware Department of Revenue to receive official notices.
- Collect the following information for each trade name that will be required for registration:
- Trade name
- Legal name of entity
- Address of entity
- Ownership information – names and addresses of “Officers, directors, or shareholders with more than 10% of equity”
- Date of formation
- State of formation
- Nature of business
- Set a calendar reminder for June 2, 2025 to re-register your existing trade name(s) promptly when the new system goes live through https://onestop.delaware.gov/.
- Monitor for Updates:
Watch for further announcements regarding the possible delay of the effective date and the official launch of the new online system.
- Check Name Availability:
Since the new system is first-come, first-served, consider alternative names in case your current DBA is claimed by another entity.
- Obtain a Good Standing Certificate if You Will Apply for a Trade Name Only License:
- Obtain a Delaware certificate of good standing so that you are prepared to register for a Trade Name Only license.
Conclusion
Delaware’s new trade name/DBA law modernizes and streamlines the registration process, but it also imposes new requirements and deadlines for all businesses using DBAs in the state. Immediate attention and action are required to maintain your trade name rights and avoid losing your existing DBAs in Delaware.
Deborah McCutcheon also contributed to this article.
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