Delaware recently enacted House Bill 40, which significantly restructures the registration process for “doing business as” (DBA) trade names in the state. The new law, which takes effect February 2, 2026, centralizes and streamlines DBA filings, introduces electronic registration, and imposes new requirements for both existing and new DBAs.
Businesses operating in or registering as a DBA in Delaware should begin preparing now to ensure continued compliance.
Centralized, Statewide Filing System
Previously, businesses were required to file DBA registrations in each of Delaware’s three counties. HB 40 eliminates this approach, replacing it with a centralized filing system administered by the Delaware Division of Revenue. This change is expected to simplify the process and reduce administrative burdens.
Electronic Filing and Elimination of Notarization
Under the new system, all DBA applications must be submitted electronically through the Division of Revenue’s online portal. The new law also eliminates the requirement for notarization, further streamlining the process.
Re-Registration Requirement for Existing DBAs
A critical aspect of HB 40 is the requirement that all existing DBAs in Delaware must re-register their trade names with the Division of Revenue. Failure to do so may result in the loss of rights to use the assumed name. Businesses should start preparing for this change ahead of the 2026 effective date.
Requirements for New DBA Registrations
Entities conducting business in Delaware must have an active Delaware business license to register for a DBA. Additionally, all trade names must be unique as duplicate or confusingly similar names will not be permitted.
Entities not conducting business in Delaware but wishing to register a DBA must obtain a special trade name license from the Division of Revenue. This license requires a $25 annual fee and must be renewed each year.
Next Steps for Businesses
- Review Existing DBAs: Identify all trade names currently registered in Delaware and prepare to re-register them electronically with the Division of Revenue before the February 2, 2026, deadline.
- Update Business Licenses: Ensure all licenses are active and in good standing before re-registration begins.
- Check Name Availability: Confirm that desired trade names are unique and meet the new standards.
If you have questions about how these changes may impact your business or need assistance navigating the new DBA registration process, contact your Varnum attorney or a member of our Corporate Practice Team.
2025 summer associate Benjamin Riley contributed to this advisory. Ben is currently a law student at Wake Forest University School of Law.