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CORP USAVIRGINIA · LLC & CORPORATION FILING

Virginia field guide / 14 / Assumed names

Virginia Fictitious Name for a Sole Proprietor vs. Forming an LLC

01 / Short version

A Virginia sole proprietor doing business under any name other than their own legal name must file a certificate of assumed or fictitious name with the SCC (§ 59.1-69). The fee is $10. It gives no liability protection and no exclusive right to the name. Forming an LLC costs $100 and $50 a year, and its legal name needs no assumed name filing.

Code of Virginia § 59.1-69Code of Virginia § 59.1-70Code of Virginia § 59.1-75

Code of Virginia Title 13.1 and SCC Clerk's Office fee and FAQ pages reviewed November 10, 2026. Confirm current fees with the State Corporation Commission before filing.

Heads up: we are an independent company that prepares and submits Virginia filings for owners. We are not the Virginia State Corporation Commission and we do not give legal advice. Every state charge passes through at the exact amount billed, shown separately from our service fee.

  • Filed with the Virginia State Corporation Commission
  • We track your $50 annual registration fee
  • Cited to the Code of Virginia, Title 13.1
  • Talk to a filer: (386) 465-3937

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File my Virginia assumed name

Heads up: we are an independent company that prepares and submits Virginia filings for owners. We are not the Virginia State Corporation Commission and we do not give legal advice. Every state charge passes through at the exact amount billed, shown separately from our service fee.

02 / Virginia choices

The forks in the road.

Where to file

With the clerk of the SCC, for individuals, partnerships and entities alike (§ 59.1-69(B)).

Code of Virginia § 59.1-69

Fee

$10 per certificate (§ 59.1-70(C)).

Code of Virginia § 59.1-70

Sole proprietor details

Your name, the assumed name, that you are an individual, and your office or residence street address (§ 59.1-70(A)).

Code of Virginia § 59.1-70

Penalty for not filing

A misdemeanor with a fine up to $2,500 or up to one year in jail, or both (§ 59.1-75).

Code of Virginia § 59.1-75

Old circuit court filings

Releasing an assumed name still on file in a circuit court is a $10 filing with that Clerk of the Circuit Court, not online.

Virginia State Corporation Commission
03 / Gather this

What to have ready

  • Decide whether you need liability protection
  • Check the name is not misleading about location
  • File the certificate with the SCC
  • Use the name exactly as filed
  • Open a bank account under the filed name
  • Reconsider an LLC as revenue grows
Code of Virginia § 59.1-69Code of Virginia § 59.1-70Code of Virginia § 59.1-75Virginia State Corporation Commission
04 / Try the numbers

Virginia Fictitious Name for a Sole Proprietor vs. Forming an LLC

Virginia Fictitious Name for a Sole Proprietor vs. Forming an LLC

Virginia LLC and corporation cost calculator

SCC fees (at cost)

$100.00

Our service fee

$149.00

Agent and kit

$199.00

First-year total

$448.00

Next year the SCC assesses an annual registration fee of $50.00, due by the last day of your formation month. Virginia LLCs file no annual report. Online expedite is extra: $50 or $100 next day, $200 same day.

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Review the filing and fees

Who must file

Section 59.1-69 says no person may conduct or transact business in Virginia under an assumed or fictitious name unless that person files a certificate with the clerk of the SCC. "Person" includes individuals. A home baker selling as "Rappahannock Sweets" files; a consultant using only their own full legal name does not. Every certificate is filed centrally with the SCC; circuit court filing is no longer the route for new certificates.

Source: law.lis.virginia.gov

What the certificate says

For an individual, the certificate lists the person's name, the assumed name, that the filer is an individual, and the street address of the individual's office or residence (§ 59.1-70(A)). It is signed by the individual and costs $10. Entities list their SCC identification number instead.

Source: law.lis.virginia.gov

Sole proprietor or LLC

The certificate is cheap, but it does not separate your personal assets from the business. An LLC costs $100 to form and $50 a year, and its own legal name can be used without any assumed name filing. Many owners start as sole proprietors and form an LLC once they sign leases, hire or take on larger contracts. If the LLC will use a brand different from its legal name, it files its own $10 certificate.

Source: law.lis.virginia.gov

Penalties and older filings

Failing to file is a misdemeanor punishable by a fine up to $2,500, up to a year in jail, or both (§ 59.1-75). Older assumed names that were filed in a circuit court before central filing are released by filing with that Clerk of the Circuit Court for $10; that release is not done online.

Source: law.lis.virginia.gov

05 / Rules and citations

Virginia law and SCC rules behind this.

Citations to the Code of Virginia and State Corporation Commission pages.
TopicVirginia ruleWhere it comes from
Where to fileWith the clerk of the SCC, for individuals, partnerships and entities alike (§ 59.1-69(B)).Code of Virginia § 59.1-69
Fee$10 per certificate (§ 59.1-70(C)).Code of Virginia § 59.1-70
Sole proprietor detailsYour name, the assumed name, that you are an individual, and your office or residence street address (§ 59.1-70(A)).Code of Virginia § 59.1-70
Penalty for not filingA misdemeanor with a fine up to $2,500 or up to one year in jail, or both (§ 59.1-75).Code of Virginia § 59.1-75
Old circuit court filingsReleasing an assumed name still on file in a circuit court is a $10 filing with that Clerk of the Circuit Court, not online.Virginia State Corporation Commission
06 / Where to go next

Related Virginia reading.

Hand this filing to us

Heads up: we are an independent company that prepares and submits Virginia filings for owners. We are not the Virginia State Corporation Commission and we do not give legal advice. Every state charge passes through at the exact amount billed, shown separately from our service fee.

07 / Owner questions

What Virginia owners ask us

No. Only a name different from the exact SCC-registered name.

Code of Virginia § 59.1-69

No. Fictitious names are not checked for uniqueness and grant no exclusive rights.

Virginia State Corporation Commission

No. Using an assumed name to intentionally misrepresent geographic origin or location is prohibited (§ 59.1-69(C)).

Code of Virginia § 59.1-69

Yes. Corp USA prepares and submits your Virginia filing with the State Corporation Commission for you. The state fee is passed through at cost and our service fee is shown separately at checkout, so you never have to work through the state's filing system yourself.

Virginia State Corporation Commission