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Does Delaware corporation licensing software to clients outside DE need to file DBA in just DE or each county where client is?

Business 6 views 2 answers
The Delaware corporation is a mobile software company which licenses its software to clients and wants to use a DBA trade name (which is not its incorporated name). Customers of the clients can opt in to use the software on their mobile phones. The clients and customers can theoretically be anywhere in the United States. None of the customers are actually in Delaware. The Delaware corporation also wants to set up a website using its DBA trade name. Query whether it is sufficient to just file the DBA/fictitious name form with the Superior Court of Delaware (potentially all 3 counties) or whether a DBA form needs to be filed in every single state or county where the clients are located (under any service contracts).

Attorney Answers

2
Baback Kouretchian ·
To begin with, I would suggest the company seek trademark protection for the trade name. That being said, you will need a DBA (in California) if you are planning on accepting money in the name of the trade name in California. Each state has different requirements for DBA's. I would suggest registering the DBA in the county you are setting up your banking, at a minimum. Otherwise, I would register in each state you plan on doing business. Some states allow registration at state level, others at county, and some don't require anything to be registered at all.
0 upvotes
Uri Litvak ·
A Delaware corporation which is headquartered in California and generating income in California should foreign qualify in California. A dba filing is probably insufficient. As far as the fictitious name filing, you should file in every county where you are doing business, i.e. where your customers are located.
0 upvotes

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