How to Register a DBA in Maine (Step-by-Step Guide)

Before you search to see if your proposed name is available, you need to think of it. It’s important to keeping mind the naming guidelines and rules in Maine.

The state law mandates that the name should be unique or too similar to an existing business name in Maine.

In Maine, it is not allowed to use assumed names that contain:

• Words that may confuse your business and government agencies (such as the FBI, Treasury, State Department, etc.)
• Words that suggest the company is established for illegal purposes 
• Obscene language
• Language that falsely indicates an affiliation with public institutions 
• The terms savings, savings bank, bank, banker, banking, trust, trust company, trust & banking company, and credit union (including any plurals or variations) without prior approval from the Maine Bureau of Financial Institutions

Registering a DBA name differs for formal business entities (corporations and limited liability companies) and informal business entities (sole proprietors and general partnerships).

Formal entities

If you are a formal business entity, such as a corporation or LLC, you must file a “Statement of Intention to Transact Business Under an Assumed or Fictitious Name” form with the Maine Secretary of State’s office.

In Maine, there is a differentiation between an assumed and fictitious name, although both require the same registration form. An assumed name is similar to a DBA, whereas a fictitious name is utilized by a foreign company (i.e., not operating in Maine) that cannot use its actual name.

This form can be downloaded from the Secretary of State’s website or obtained in person at their office. The form will require you to provide the following information:

• Your business’s legal name
• The DBA name you have chosen
• The address of your business
• The type of formal business entity (e.g., corporation, LLC, etc.)
• The date your business started using the DBA name in Maine (if applicable)
• The signature of an authorized representative of your business

Forms

• LLC
• Corporation
• Limited Partnership
• Limited Liability Partnership

Informal entities

Sole proprietors and general partnerships must file in each city where their business is conducted or transacted.

We will provide a detailed guide if you require instructions for filing in the City of Portland.

To obtain instructions for other cities, please contact your city clerk.

You can obtain your city’s contact information from the Maine Secretary of State’s website.

In Portland, there are separate forms for general partnerships and sole proprietors.

The forms generally involve filling in the following:

• The full name and address of the applicant (individual or entity)
• The assumed name to be registered
• The address where the assumed name will be used
• A description of the business or activity
• The date when the business activity will begin

Formal entities

• For assumed names, the cost is $125.
  • If you want your forms expedited, you can have them returned the next business day for an additional $50.
  • You can have your forms returned the same business day for an additional $100.
• For fictitious names (for businesses outside of Maine), the cost is $40.
• You can pay by cash, check, or credit card.

Informal entities

• The cost is $10.
  • If you want your forms expedited, contact your city office.

Formal entities

• Renewal of Maine’s assumed business name is not required.
• To change the assumed name, contact the Maine Bureau of Corporations, Elections, and Commissions at (207) 624-7736.
• To withdraw the assumed name, fill out the appropriate form, including a $20 fee, and submit it to the Secretary of State.

Informal entities

• Your new business name doesn’t expire.
• Contact your local city office to withdraw a DBA for a sole proprietorship or partnership.
• For the City of Portland, you must fill out and return this form, along with a $10 fee.

• Maine Department of the Secretary of State corporate name search portal
• Maine Secretary of State’s city directory
• Maine Corporate Filings
• Formal Forms
  • LLC
  • Corporation
  • Limited Partnership
  • Limited Liability Partnership
• Withdrawal forms
  • LLC
  • Corporation
  • Limited Partnership
  • Limited Liability Partnership
• Informal Forms
  • Portland – General Partnerships
  • Portland – Sole Proprietorships
  • Portland – withdrawal form 
• EIN online application

There are many advantages to registering a DBA: 

• Enhanced flexibility: A DBA name can be altered or updated more quickly and efficiently than a legal business name, which allows business owners to adapt to shifts in their products, services, or market conditions with greater flexibility.
• Segregation of personal assets and business finances: Registering for a DBA allows a business bank account to be opened, allowing for using the business name on financial transactions instead of the account holder’s name. This permits the receipt and issuance of checks using the new name.
• Increased branding opportunities: A well-crafted name can be more descriptive and memorable than a legal name. This alias can help increase brand recognition and improve marketing and advertising opportunities. Filing for a DBA protects brands by prohibiting others from using the same name in certain states and counties.
• Cost-effective solution: Compared to other business structures, such as Corporations or Limited Liability Companies (LLCs), registering for a DBA is generally less expensive and less complex, making it a cost-effective alternative for small businesses and entrepreneurs. 

There are a few drawbacks to registering for a DBA, such as: 

• Limited legal protection: Unlike other business structures, such as LLCs, DBAs do not offer liability protection. This can mean that the owner is personally responsible for all debts, obligations, and lawsuits related to the business.

• Sole proprietors: Individuals who run a business independently without creating a separate legal entity can benefit from a DBA. It allows them to use a different name for marketing their products or services and adapt to market changes more easily.
• Partnerships: Joint ventures between two or more individuals who want to operate under a different name than the partners’ names can use a DBA to represent their partnership and increase brand recognition.
• Corporations: A business specializing in web design and development may file a DBA such as “Web Design Solutions” to differentiate its services from other web design businesses. Additionally, if a company has a subsidiary that offers recruitment services under the name “Casting Solutions LLC” but they also want to provide printing services, it can form a DBA named “Printing Services” to distinguish the two activities.
• Limited liability companies (LLCs): LLCs can file a DBA to conduct business under a different name or brand while enjoying the benefits of a flexible business structure that limits personal liability and protects assets.

You would need a DBA if:

• Operating under a different name: A DBA is necessary if you want to operate your business under a name that isn’t your legal or company name.
• Better marketing and branding: If you want to use a trading name that is more memorable or descriptive of your products or services, a DBA can help.
• Diversifying business activities: If you’re a sole proprietorship, partnership, corporation, or LLC looking to conduct business under multiple names, a DBA is required.
• Testing new products or markets: A DBA can allow you to try new products or markets without changing your legal name.

You may not need a DBA if:

• Using legal name: A DBA is not needed if you’re operating your business under your personal or legal company name.