Registration of Trade Names

Del. Code tit. 6, ch. 31

in effect

Del. Code tit. 6, § 3101 Use and registration of trade names or titles.

No person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the legal name of such person, or in case of a firm or association, the legal name of each and every person comprising the firm or association without, in addition to what is otherwise required by the laws of this State, first filing a certificate under the hand of such person or, in case of a firm or association, under the hand of 1 of the members of the firm or association, with the Division of Revenue, designating the trade name or title and the legal name of such person, or, in case of a firm or association, the legal name of each and every member comprising the firm or association. All certificates shall show the date when the partnership or association was organized, to which certificates there shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct.

Del. Code tit. 6, § 3102 Supplemental certificate upon change in membership.

Whenever a change occurs in the membership of any firm or association which has filed a certificate under § 3101 of this title, a supplemental certificate under the hand of 1 of the members of the firm or association shall, within 10 days after the change, be filed with the Division of Revenue in which it had theretofore filed a certificate, designating the legal name of each and every member comprising the firm or association after the change, and the date when the change took effect, to which certificate shall be attached the affidavit of the person signing it to the effect that the facts therein stated are true and correct.

Del. Code tit. 6, § 3103 Trade name registry; duty of Division of Revenue; fee for filing certificate.

The Division of Revenue shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and electronically record such filings in a registry which the Division of Revenue shall create for that purpose, which is named the “Delaware Trade Name Registry.” This registry shall reflect, for each filing, the trade name and title of the person, firm or association, the date of the filing of the certificate, the date of the formation or change in the formation of the firm or association, and the number thereof. For the filing and making of the entries, the Division of Revenue shall collect from the person filing the certificate a fee of $25, which amounts shall be credited to the account of the Division of Revenue to be disposed of in the same manner as other fees which are by law payable to the Division of Revenue.

Del. Code tit. 6, § 3104 Unincorporated associations.

No unincorporated association of persons shall transact business in this State, unless the individual names of all concerned therein shall be first certified by an officer of such association and filed with the Division of Revenue. This section shall not apply to partnerships or limited liability companies.

Del. Code tit. 6, § 3105 False affidavit; penalty.

Whoever wilfully makes or files, under § 3101, § 3102, or § 3108 of this title, any affidavit which is false commits the crime of false swearing and shall be punishable therefor.

Del. Code tit. 6, § 3106 Penalties.

If any person, firm or association violates any of the provisions of § § 3101, 3102, and 3104 of this title, every such person, and each and every person comprising such firm or association, shall be fined not more than $100 or imprisoned not more than 3 months, or both.

Del. Code tit. 6, § 3107 Application to joint stock associations of more than 50 members or corporations.

Nothing in §§ 3101-3105 of this title shall affect or apply to joint stock associations, using a common name, not being ordinary partnerships, which have more than 50 stockholders or members nor to legally incorporated companies.

Del. Code tit. 6, § 3108 Registration of trade names of corporations and limited liability companies.

(a) A corporation or limited liability company transacting business within the limits of this State under a trade name or title that does not disclose the legal name of the corporation or limited liability company may, but is not required to, register the trade name by filing a certificate under the hand of an authorized person of the corporation or limited liability company with the Division of Revenue designating the trade name or title and the legal name of the corporation or limited liability company. All certificates filed under this subsection must: (1) Show the date when the corporation or limited liability company was organized and the state of formation. (2) Attach to the certificate an affidavit of the person signing it to the effect that the facts therein stated are true and correct. (b) A Delaware corporation or Delaware limited liability company that does not engage in, prosecute, or transact any business within the limits of this State may, but is not required to, register a trade name or title that does not disclose the legal name of such corporation or limited liability company by filing a certificate under the hand of an authorized person of the corporation or limited liability company with the Division of Revenue designating the trade name or title and the legal name of the corporation or limited liability company accompanied by a certificate of good standing from the Secretary of State. Persons desiring to register a trade name shall first acquire a special trade name license from the Division of Revenue pursuant to § 2306 of Title 30. (c) The Division of Revenue must do all of the following: (1) Number the certificates filed under this chapter consecutively. (2) Record the date of filing on the certificate. (3) Electronically record the filed certificates in the Delaware Trade Name Registry. Entries must reflect the trade name and title of the corporation or limited liability company and the date of the filing of the certificate. For the filing and making of the entries, the Division of Revenue must collect from the person filing the certificate a fee of $25, which amount shall be credited to the account of the Division of Revenue to be disposed of in the same manner as other fees which are by law payable to the Division of Revenue. (d) The Division of Revenue may adopt regulations to implement, administer, and enforce this chapter.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title6/c031/index.htmlFetched: 6/28/2026