In Virginia, a DBA is a certificate of assumed or fictitious name, and since 2020 every business files it with the clerk of the State Corporation Commission under Code of Virginia section 59.1-69. The filing fee is $10, as of October 2026. Individuals, partnerships, corporations and LLCs all need one to trade under a name that isn't their own, and a local business licence can't be issued until it's filed.
Virginia used to send sole proprietors to the circuit court clerk and companies to the State Corporation Commission. The Code now points everyone to one place, the clerk of the Commission, and section 59.1-74 refers to certificates filed with the clerk of the court only before January 1, 2020. If you're starting today, there's one office, one form and one low fee.
Who needs an assumed name certificate in Virginia
Section 59.1-69(B) says no person shall conduct or transact business in the Commonwealth under any assumed or fictitious name unless they file a certificate of assumed or fictitious name with the clerk of the Commission. Person has the meaning given in section 1-230 of the Code, and the certificate form in section 59.1-70 covers individuals, partnerships, corporations, LLCs, business trusts and LPs.
There's also a misuse rule in section 59.1-69(C). You can't use an assumed name to intentionally misrepresent the geographic origin or location of your business. A firm based elsewhere can't pick a name designed to make customers think it's local when it isn't.
What goes on the certificate
Section 59.1-70(A) lists what the Commission's form must show:
- the name of the person who will use the assumed name, and the assumed name itself
- whether that person is an individual or, if not, its type of legal or commercial entity
- for an individual, a post office address of their office or residence, including a street address
- for a corporation, LLC, business trust or LP registered with the Commission, its Commission identification number
- for a partnership that has filed a statement of partnership authority or a registered LLP statement, its Commission identification number
- for anyone else, the street address of the principal place of business
- the printed name and title of the person signing
Section 59.1-70(B) says the individual using the name signs it, or an authorized representative signs for anyone who isn't an individual.
What it costs
Section 59.1-70(C) is short: the clerk of the Commission charges a fee of $10 for filing a certificate of assumed or fictitious name, as of October 2026. The fee is the same whether you're a sole proprietor or a company, and you pay it to the Commission rather than to a local court.
Why your local licence depends on it
Section 59.1-74(B) links the DBA to your local business licence. No license shall be issued by a commissioner of the revenue until a certificate of assumed or fictitious name has been filed with the clerk of the Commission, or before January 1, 2020 with the clerk of the court, and evidence of the filing has been given to the commissioner of the revenue.
In practice, that means the order matters. File the certificate, keep the evidence of filing, then apply for the local licence where your business is based. If you try it the other way round, the licence can't be issued.
The penalty for skipping it
Virginia's penalties are among the toughest for a DBA. Two sections apply:
| Section | What it says |
|---|---|
| 59.1-75 | Anyone violating the chapter is guilty of a misdemeanor and, on conviction, can be fined up to $2,500, jailed for up to one year, or both |
| 59.1-76 | Failing to comply doesn't prevent recovery by or against the business in Virginia courts, but no action can be maintained by the business until it has complied |
So the contract stands and customers can still sue you, but you can't keep your own claim going until the certificate is filed. With a $10 fee on one side and a possible fine of up to $2,500 on the other, there's no reason to put it off.
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Once this one is done, our Ohio DBA walkthrough covers what often comes next.
A simple order of steps for a new Virginia business
- decide whether you'll trade under your own legal name, your company's registered name, or a brand name
- if it's a brand name, file the certificate of assumed or fictitious name with the clerk of the Commission and pay the $10 fee
- keep the evidence of filing, because the commissioner of the revenue will ask for it
- apply for your local business licence where you're based
- use the assumed name consistently on invoices, signs and your website, so customers can match it to the certificate
If you later change your trading name, you'll need a new certificate for the new name. The clerk keeps a record of certificates and of certificates of release, under section 59.1-74, so it's worth releasing a name you no longer use rather than leaving it on the record.
If your business is registered elsewhere, see the DBA rules in New York.
DBA, LLC or both?
A certificate of assumed name tells the public who's behind a trading name. It doesn't create a company or protect your personal assets. If that's what you need, our Virginia LLC guide covers forming one, and an LLC that then trades under a brand name files the same $10 certificate with its Commission ID. The DBA registration guide explains how DBAs differ from trademarks.
Frequently asked questions
How much does a DBA cost in Virginia?
The clerk of the State Corporation Commission charges $10 to file a certificate of assumed or fictitious name, as of October 2026, under Code of Virginia section 59.1-70.
Where do I file a DBA in Virginia?
With the clerk of the State Corporation Commission. Section 59.1-74 refers to certificates filed with the clerk of the court only before January 1, 2020.
Is a DBA required for a Virginia business licence?
Yes, if you trade under an assumed name. Section 59.1-74 says a commissioner of the revenue can't issue a licence until the certificate is filed and evidence of filing is provided.
What is the penalty for not filing a DBA in Virginia?
Violating the chapter is a misdemeanor punishable by a fine of up to $2,500, up to one year in jail, or both, under section 59.1-75.
Can an unregistered Virginia business sue a customer?
Not until it complies. Section 59.1-76 says the contract can still be enforced later, but no action can be maintained by the business until the certificate is filed.
