Trade, Business & Fictitious Names
Trade, Business & Fictitious Names Database Disclaimer:
Superior Court endeavors to maintain the currency and check the accuracy of information published on this database. However it does not warrant that such information will be error free and the user acknowledges that the information published in this database may include inaccuracies or typographical errors. The terms 'Active,' 'Amended' and 'Terminated' reflect information that the court has received.
Updates and changes may be made to the information herein at any time. In no event shall the court be liable for any loss of profit, loss of opportunity, loss of business, loss of revenue, wasted time, wasted costs, indirect, incidental, special, or consequential loss arising out of or in any way connected with the use of this database or with the delay or inability to use this database, or for any information obtained through this database, or otherwise arising out of the use of this database.
Registration Required
The registration of Trade, Business and Fictitious Names is required by persons, firms or associations engaging in, prosecuting or transacting any business within the limits of the State of Delaware. Pursuant to Title 6 Del. C. Chapter 31 § 3101 and § 3103 this registration is to be filed in the Office of the Prothonotary of each county in which business is transacted. If you are going to do business in New Castle and/or Kent and/or Sussex Counties, then you MUST register with each respective Prothonotary's Office.
How to Register
The applicant bears primary responsibility for determining whether there is an existing business or organization using the same fictitious name. A searchable online database is available for you to review the existing Trade, Business and Fictitious Names. When you have determined through the database search of active registered names that you are registering a unique name, complete the Registration Certificate.
You may either complete the certificate online and print it or you may print the certificate and fill it out. Be sure that the Registration Certificate is completely filled out and that the information is accurate. All Registration Certificates must show the date when the business was organized and must be notarized. (A Notary is available in the Prothonotary's Office.)
After the form is completed, return it to the Prothonotary's Office for each county in which you wish to register with a check or money order for $25.00 made payable to: The State of Delaware.
If you would like a copy of the clocked-in filing, please include a self-addressed stamped envelope, as well as a copy of the completed/notarized Registered of Trade, Business and Fictitious Name Certificate with your filing.
You may hand-deliver or mail notarized Certificate and payment to:
Leonard L. Williams Justice Center
Prothonotary
Superior Court
500 North King Street, Suite 500, LL1
Wilmington, DE 19801-3746
(302) 255-0825
Kent County Courthouse
Prothonotary
Superior Court
38 The Green
Dover, DE 19901
(302) 735-1900
Sussex County Courthouse
Prothonotary
Superior Court
1 The Circle, Suite 2
Georgetown, DE 19947
(302) 855-7055
Note: The acceptance and recording of a fictitious name certificate in the Prothonotary's Office in no way is deemed a warranty of the applicant's right to operate under the name registered.
Supplemental Certificate Required Upon Any Change to Registered Names
If you sell, change the name of the firm or association, or change officers of any firm or association, or in any way change status you MUST file a Supplemental Certificate with the Prothonotary in each county you are registered. There is a $25.00 fee required for amending or updating your registration. The check or money order should be payable to: The State of Delaware.
Termination of Registered Names
Upon termination of the use of the registered name you should file a Termination Affidavit Form with each Prothonotary's Office in which you are registered. There is no fee for terminating your registration.
Delaware Business License
The registration of a Trade, Business and Fictitious Names with the Prothonotary has NO connection with the need for a license to do business in Delaware. Applications for a Delaware Business License may be done online at the Division of Revenue's One Stop Business Registration & Licensing Web site. Additional online Division contact information is also available, or you may call (302) 577-5800.
