10/1/2026Conducting Business As A D.B.A.General Provisions

Enacted by Chapter 93, 2026 General Session2026Definitions.As used in this chapter:"D.B.A." means a person that carries on, conducts, or transacts business in this state using a name that is different from the legal name of the person."D.B.A. certificate" means a typed document that complies with Section 42-2-201."D.B.A. name" means the name a D.B.A. uses when carrying on, conducting, or transacting business in this state that is different from the legal name of the person."Director" means the director of the division appointed under Section 13-1a-103."Division" means the Division of Corporations and Commercial Code established in Section 13-1a-102."True name" means the legal name of a person.

Enacted by Chapter 93, 2026 General Session2026Governing law.A D.B.A. is governed by:this chapter; andfor a provision on which this chapter is silent, Title 16, Chapter 1a, Provisions Applicable to All Business Entities.

Renumbered and Amended by Chapter 93, 2026 General Session2026Recordkeeping-- Fees -- Evidence.The division shall:keep a record of each D.B.A. registered under this chapter; andcollect the required filing fees.A copy of each D.B.A. certificate the division certifies is presumptive evidence of the facts contained in the certificate.

Renumbered and Amended by Chapter 93, 2026 General Session2026Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected.This chapter does not affect or apply to a corporation organized under the laws of any state if the corporation does business under the corporation's true name.This chapter does not affect the statutory or common law trademark, service mark, or trade name rights granted by state or federal statute.An act listed in Subsection (2)(c) of itself does not authorize the use in this state of a D.B.A. in violation of the rights of another as established under:this chapter;Title 70, Chapter 3a, Registration and Protection of Trademarks and Service Marks Act;the state law relating to names of corporations, partnerships, and other legal business entities;the federal Trademark Act of 1946, 15 U.S.C. Section 1051 et seq.; orthe common law, including rights in a trade name.Subsection (2)(b) applies to:a filing under this chapter;an approval by the division in accordance with this chapter; orthe use of a D.B.A. name.This chapter does not affect or apply to any limited liability company doing business in this state under the limited liability company's true name.

Renumbered and Amended by Chapter 93, 2026 General Session2026D.B.A. name.A D.B.A. name:may not contain:a word or phrase that indicates or implies that the business is organized for a purpose other than a purpose contained in the business's application;for a D.B.A. name that is changed or approved on or after May 4, 2022, the number sequence "911";without the consent of the Department of Financial Institutions, the words described in Section 7-1-701;the term or abbreviation:"limited liability company";"LLC"; or"L.L.C."; ora term or abbreviation that is of similar import to a term or abbreviation described in Subsection (1)(a)(iv);shall be distinguishable from a registered name or trademark of record in the offices of the division, in accordance with Section 16-1a-302 except as the division authorizes under Subsection (2);without the written consent of the United States Olympic Committee, may not contain the words:"Olympic";"Olympiad"; or"Citius Altius Fortius"; andauthorized for use in this state on or after May 1, 2000, may not contain the terms:unless the person that owns the D.B.A. is a corporation registered in this state:"incorporated";"inc."; ora variation of "incorporated" or "inc."; orunless the person that owns the D.B.A. is a limited liability company registered in this state:"limited liability company";"LLC";"L.L.C."; ora variation of "limited liability company", "LLC", or "L.L.C."The division shall authorize an applicant's use of the D.B.A. name if:the name is distinguishable from one or more of the names and trademarks on the division's records; orthe applicant delivers to the division a certified copy of the final judgment of a court with jurisdiction establishing the applicant's right to use the D.B.A. name in this state.Before the day on which the division records the name of a D.B.A., the applicant shall translate into English or transliterate into letters of the English alphabet the D.B.A. name,if the D.B.A. name is not in English.The division may not approve an application for a D.B.A. name to a person that violates this section.The director shall:interpret and efficiently administer this section; and perform the duties imposed on the division by this section.The division may not approve for filing a D.B.A. name that implies by a word in the name that the business is an agency of the state or a political subdivision of the state, if the business is not an agency of the state or a political subdivision of the state.Section 16-10a-403 applies to this chapter.The requirements of Subsection (1)(d) do not apply to a person that filed a certificate of assumed and of true name with the division on or before May 4, 1998, until December 31, 1998.On or after January 1, 1999, a person that carries on, conducts, or transacts business in this state under a D.B.A. shall comply with the requirements of Subsection (1)(d).

Registration, Filings, And Penalties

Enacted by Chapter 93, 2026 General Session2026Registration as a D.B.A.To register as a D.B.A., a person shall file a D.B.A. certificate that complies with Subsection (2) with the division no later than 30 days after the day on which the entity begins to carry out, conduct, or transact the entity's business.A D.B.A. certificate shall:state:the name of the D.B.A. that complies with Section 42-2-105;the principal address under which the D.B.A. does business or will carry out, conduct, or transact business; andthe true name and street address of each person that owns the D.B.A.; anddesignate and maintain a registered agent in this state in accordance with Title 16, Chapter 1a, Part 4, Registered Agent of an Entity; andbe signed by:each owner of the D.B.A.; oran authorized representative for an owner of the D.B.A.To register a general partnership as a D.B.A. if the general partnership is not registered with the division, the general partnership's partners shall each register as a D.B.A. in accordance with Subsection (1).A person filing a D.B.A. certificate in accordance with Subsection (1) shall include in a conspicuous place on the face of the D.B.A. certificate a notice that states: NOTICE - THE FILING OF THIS APPLICATION AND THIS APPLICATION'S APPROVAL BY THE DIVISION OF CORPORATIONS AND COMMERCIAL CODE DOES NOT AUTHORIZE THE USE IN THE STATE OF UTAH OF AN ASSUMED NAME IN VIOLATION OF THE RIGHTS OF ANOTHER FEDERAL STATUTE, STATE STATUTE, OR COMMON LAW. (SEE UTAH CODE ANN. 42-2-201).A registration statement filed in accordance with Subsection (1) is considered effective on the day on which the division:receives and approves, as to form, the registration statement; andmarks on the face of the registration statement a stamp or seal that indicates:the time and date of approval;the name of the division; andthe director's signature and division seal; ora facsimile of the director's signature and division seal.

Enacted by Chapter 93, 2026 General Session2026Amending a D.B.A. certificate.A D.B.A. may amend a D.B.A. certificate only while the D.B.A. is actively registered with the division as a D.B.A.A D.B.A. may not amend an expired or canceled D.B.A. certificate.A D.B.A. may amend any information contained in the D.B.A. certificate.To amend a D.B.A. certificate, a D.B.A. shall file with the division an amendment that states:the D.B.A. name; andthe requested changes to the D.B.A. certificate.The person or authorized representative of the D.B.A. shall sign the amendment described in Subsection (4).

Enacted by Chapter 93, 2026 General Session2026Transfer of ownership of a D.B.A.A D.B.A. may transfer ownership only while the D.B.A. is actively registered with the division as a D.B.A.To transfer ownership of a D.B.A., the D.B.A. shall file a letter of transfer with the division that states:the D.B.A. name;the true name and address of each current owner of the D.B.A.;the true name and address of each new owner of the D.B.A.; andthe principal address of the D.B.A.'s place of business.Except as otherwise provided in Section 16-1a-302, each current owner and each new owner shall sign the letter of transfer described in Subsection (2).

Enacted by Chapter 93, 2026 General Session2026Expiration, renewal, and cancellation of registration.A D.B.A registration is effective for three years after the day on which a person registers as a D.B.A.A D.B.A. may renew a D.B.A. registration beginning 60 days before the day on which the period described in Subsection (1)(a) expires.If a D.B.A. does not renew a D.B.A. registration before the end of the period described in Subsection (1)(a), the division shall send notice to the D.B.A.'s registered agent that the registration is expired.If the D.B.A. does not renew the D.B.A. registration within 30 days after the day on which the division sends the notice described in Subsection (1)(c):the D.B.A. registration is permanently expired; anda person may immediately claim the D.B.A.'s name.A D.B.A. may renew a D.B.A. registration by filing a statement of renewal that an authorized representative of the D.B.A. signs.A D.B.A. may update information contained in the D.B.A. certificate when renewing a D.B.A. registration.An update to a D.B.A. registration that a D.B.A. makes during renewal is considered an amendment.A D.B.A. shall comply with the requirements of Section 42-2-202 when making an update in accordance with this Subsection (3).To cancel an active D.B.A. registration, the D.B.A. shall file a letter of cancellation with the division that:states:the D.B.A. name;the effective date of the cancellation;the mailing address for service of process after the cancellation; andan authorized representative of the D.B.A. signs.

Enacted by Chapter 93, 2026 General Session2026Penalties.A person that carries on, conducts, or transacts business as a D.B.A. without complying with the provisions of this chapter may not bring an action in a court of this state as a D.B.A. until the person complies with the provisions of this chapter.The director may impose a late filing fee that the director determines in an amount not to exceed three times the fee described in Section 42-2-103 in accordance with Section 63J-1-504.