Important Delaware Trade Name Update Starting February 2, 2026 — Here’s What You Need to Know

For businesses registered in Delaware with a registered DBA (Doing Business As) in Delaware, the state is making important changes to the filing process. While many companies registered in Delaware don’t actually conduct business in Delaware and have registered DBAs in the other states where they’re actively doing business or where their headquarters are located, some companies choose to obtain DBAs in Delaware, even if they don’t operate there. Until now, Delaware’s DBA registration process was handled at the county level, typically in the county where the company’s registered agent was located. But that’s changing.

What’s Changing?

Effective February 2, 2026, all existing county-level DBA registrations in Delaware will be terminated. If your business conducts trade or business in Delaware and has a county-level DBA in Delaware that you want to keep, you must re-register the DBA—this time with the Delaware Division of Revenue. Please note that trade names will be approved on a first-come, first-served basis, and businesses cannot be guaranteed the same name.

What Are Your Options?

There are two options for registering a DBA in Delaware, depending on whether or not you conduct business there:

1. For Entities Conducting Business or Trade in Delaware: You’ll need to apply for (or re-apply for) a DBA through the Division of Revenue and, in addition to the DBA filing, will need an active Delaware business license, a certificate of good standing, and a registered agent appointment.
2. For Entities Incorporated or Formed in Delaware but Not Actively Doing Business in the State:
   You can apply for a DBA through the Division of Revenue using the same process as above, but first you’ll need to obtain a Special Trade Name License for a $25 fee. This option is designed for companies that are registered in Delaware and want to register a DBA in Delaware but are not actively doing business in Delaware.

Many states do not require DBAs to be unique; however, Delaware is requiring that DBAs registered in Delaware be unique.

We recommend reviewing your business’s current DBA registrations to determine whether action is needed before February 2, 2026. If you have questions or need help navigating the new Delaware process, reach out to your primary KO attorney if you are a current client, or to [email protected].