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United States – Delaware Trade Names Filing Changes
Delaware has implemented a significant modernization of its trade name registration system, transitioning from a county-based approach to a centralized digital platform.
Effective 2nd of February 2026, the Division of Revenue (DOR) will assume responsibility for managing all trade name registrations, including fictitious names and “doing business as” (DBA) designations, streamlining the process through a unified state oversight system.
Legislative Framework
Delaware House Bill 40, signed into law on the 7th of February 2025, establishes the foundation for this modernized registration system.
The legislation transfers authority from Superior Court prothonotaries to the Division of Revenue, eliminating paper documentation and notarization requirements in favor of a fully digital process.
Key Changes and Requirements
The new system introduces several fundamental changes to trade name registration:
- Centralized online registration through the Division of Revenue
- Elimination of county-by-county filing requirements
- Mandatory Delaware Business License for new registrations
- Digital documentation and processing
- Simplified amendment procedures
Transition Provisions for Existing Trade Names
Holders of trade names registered before the 2nd of February 2026, should note:
- Existing registrations remain valid without immediate action
- Current registrations will appear on a consolidated online list
- Optional re-registration available at no cost
- Business license requirement applies to re-registrations
- Changes to existing trade names require transition to new system
New Registration Process
Organizations seeking to register new trade names must:
1. Obtain a Delaware Business License or Trade Name Only Business License
2. Complete online registration through the DOR platform
3. Maintain current business information
4. Process amendments and updates through the new system
5. Manage documentation through the digital platform
Special Considerations
Companies operating outside Delaware but requiring trade names must obtain a “Trade Name Only Business License” before registration. This special provision ensures out-of-state businesses can maintain Delaware trade names while complying with state requirements.
Documentation and Maintenance
Under the new system, organizations must:
- Maintain accurate business information
- Process updates through the DOR platform
- Obtain digital certificates as needed
- Track renewal requirements
- Manage amendments electronically
Compliance Implications
Proper trade name registration and maintenance are essential for:
- Legal business operations
- Contract enforcement
- Banking relationships
- Regulatory compliance
- Brand protection
How Mercator® by Citco (Mercator) Can Help
For assistance navigating Delaware trade name requirements or to learn more about our corporate secretarial services in the United States, contact mercator@citco.com
