Delaware Overhauls Trade Name Registration Process with Statewide System
Effective February 2, 2026, Delaware will transition from its current county-level registration system for trade name (DBA) registrations to a streamlined, digital, statewide process. The Delaware Division of Revenue will facilitate this new system for trade name registrations.
06.16.25
On February 7, 2025, Governor Matt Meyer signed House Bill 40 (HB40) into law, reshaping Delaware’s trade name registration system. HB40 amends Chapter 459, Volume 84 of the Laws of Delaware, as well as Titles 6, 29 and 30 of the Delaware Code, to modernize and streamline the registration process. The new legislation centralizes the process under the Delaware Division of Revenue and will replace the current county-by-county system.
On February 7, 2025, Governor Matt Meyer signed House Bill 40 (HB40) into law, reshaping Delaware’s trade name registration system. HB40 amends Chapter 459, Volume 84 of the Laws of Delaware, as well as Titles 6, 29 and 30 of the Delaware Code, to modernize and streamline the registration process. The new legislation centralizes the process under the Delaware Division of Revenue and will replace the current county-by-county system.
Summary of Changes Effective February 2, 2026:
- Centralized Online Registration
All trade name registrations and re-registrations will be completed through the Delaware Division of Revenue’s “Delaware One Stop” portal, thus eliminating the need for paper forms, wet signatures, notarization, separate filings and fees in each county.
- Mandatory Re-Registration
Beginning February 2, 2026, all businesses with existing county-level trade names must re-register through “Delaware One Stop.” Applications will be processed on a first-come, first-served basis. Because trade names must be unique, there is no guarantee that a business’s current or previously registered trade name will still be available.
- Filing Fees and Requirements
The Delaware Division of Revenue will assess a $25 filing fee for new trade name certificates. This fee will be waived for applicants that are re-registering names previously registered through the county registration process. In addition to paying the filing fee, the trade name application must list the applicant’s business name and trade name, and applicants must certify their jurisdiction and date of formation or incorporation (or include a certificate of good standing if they are a Delaware entity).
- No Renewal Required
Renewal of a trade name is not required so long as the entity maintains an active Delaware business license or special trade name license.
- Resident Entities Not Conducting Business in Delaware
Delaware corporations and limited liability companies not actively conducting business in Delaware that desire to register a trade name in Delaware must first obtain a special trade name license (in lieu of a business license) from the Delaware Division of Revenue before registering the trade name. The special trade name license will cost $25 and is issued for a term of one year, with renewals available for a three-year term and $75 renewal fee.
Prior to February 2, 2026, businesses may continue using the current county-level process, which includes submitting paper forms with notarized, wet signatures. Entities will not be required to obtain business licenses during this interim period.
What This Means:
We encourage you to review your current and future trade name registrations in light of Delaware’s new statewide system launching on February 2, 2026. All existing county-level trade names must be re-registered through the Delaware One Stop portal beginning on February 2, 2026. Because trade names must be unique and will be processed on a first-come, first-served basis, we recommend early preparation to secure your desired name and ensure compliance with the new requirements.
If you have any questions regarding the subject matter of this client alert or any other questions concerning the protections that may be available for your trade name or trademark, please contact Justin Csik (Email: jcsik@klehr.com; Phone: (215) 569-3343) or Michael Oliano (Email: moliano@klehr.com; Phone: (215) 320-3416).
Co-authors Justin Csik, partner, Michael Oliano, associate, and Celeste Stellabott, paralegal, are members of the Corporate & Securities Department at Klehr Harrison. Co-author Warren Sikolo is a law student at Widener University’s Delaware Law School and a participant in our Fellowship Program.