How to Get a DBA Name in Minnesota 2024: A Complete Guide

How to Get a DBA Name in Minnesota

If you want to use a different name other than the legal name for your business in Minnesota, you must file a DBA (Doing Business As) name. The public, specifically your potential customers, will recognize your business by its registered legal name. Using a trade name or DBA in marketing and sales can help your Minnesota LLC reach a wider audience.

Minnesota, also known as The North Star State, has specific regulations for filing a DBA name. However, these regulations can vary depending on your business structure. At LLCBase, we understand that forming a business can be an overwhelming experience, so we are here to help you every step of the way. This article will provide the essential steps to obtain a DBA Name in Minnesota.

What is a DBA

A DBA, which stands for “Doing Business As,” is a name under which a business operates that differs from its legal name. It is also known as a trade, assumed, or fictitious name. A DBA allows business owners, such as sole proprietors, general partnerships, limited liability companies (LLCs), and corporations, to conduct business under a separate name without creating a new legal entity.

Registering a DBA is important for several reasons, including legal compliance, branding, and customer recognition. The process for obtaining a DBA varies by jurisdiction and may require filing with a state or county government office. Researching local regulations and following the steps to register your DBA name properly is essential.

Understanding DBA Names in Minnesota

You must choose a name when you form an LLC or any business structure. Every company has a legal name. For example, a partnership or sole proprietorship might operate under the legal name of the company’s owner or owners. The name specified in the Articles of Incorporation or Articles of Organization can be used by any business entity, including corporations, limited liability companies (LLCs), and others.

There are situations when you may decide not to use your company’s registered legal name in Minnesota for various reasons. Your company’s legal name might not be relevant to your business or no longer accurately describe it. Alternatively, you might want a new name without changing your incorporation or registration documents.

If you plan to start your business in Minnesota under a name other than your personal name or an existing corporate name, you must file a DBA name with Minnesota state, regardless of the type of business entity you have incorporated as (sole proprietor, partnership, corporation, or LLC).

There are no restrictions on how many DBA names you can use for your business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

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How to Obtain a DBA Name in Minnesota

Want to obtain a DBA name in Minnesota? Simply follow these easy-peasy steps, and you’ll be well on your way to securing that perfect “doing business as” name in no time!

Step 1: Check Name Availability

Before filing a DBA in Minnesota, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in Minnesota, search the Minnesota Secretary of State Business Filings Online database provided by the Minnesota Secretary of State. This step is important to avoid potential legal issues and confusion for customers.

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Step 2: Choose a DBA Name

In Minnesota, fictitious names cannot be identical or too similar. A DBA should avoid deceiving the public by appearing confusingly similar to any other business name. When choosing a DBA name, ensure it follows the guidelines and restrictions the Minnesota government sets. These guidelines may include avoiding certain words or phrases, such as those related to banking, insurance, or professional designations, without proper authorization.

Step 3: Register the Minnesota DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the Minnesota Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most Minnesota counties, specific information is required, such as the company’s name, organization type, and description of the products or services to be provided under the Fictitious Name. Carefully complete the necessary forms and ensure all information is accurate and complete.

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Step 4: Submit the Application

To file the Minnesota DBA Name, you must apply to the Minnesota Secretary of State or the appropriate county office. In Minnesota, you can file the DBA name using various methods, such as (three methods, online, by mail, and in person filing.). The cost of filing the Fictitious Name (DBA name) in Minnesota is $50 for online filing and $30 for offline filing. This fee may vary depending on the method of filing or the specific county where you are registering your DBA name.

  • Online: For online filing, check the Minnesoota Secreatry of State. There, look for the “Assumed Names” section. You will get the registration form.
  • Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Minnesota Secretary of State – Business Services, Retirement Systems of Minnesota Building, 60 Empire Drive, Suite 100, St Paul, MN 55103

Step 5: Use the Minnesota DBA Name

Once your DBA name is registered and approved, you can use it in your business operations. Be prepared to provide three “specimens” demonstrating the Trade Name used, such as business cards, booklets, flyers, labels, or stickers. These specimens may be requested by the Minnesota Secretary of State or the county office as proof of usage. Properly displaying your DBA name in your marketing materials, signage, and other business documents is essential to ensure customers and clients know your new trade name.

Following these steps, you can obtain a DBA name in Minnesota and use it to enhance your business’s visibility and reach.

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DBA Name in Minnesota: A Detailed Guide

Read the comprehensive guide to renewing and changing a DBA name in Minnesota:

Renewing a DBA Name in Minnesota

It is essential to renew your DBA name periodically to maintain its validity. In most states, renewing a DBA name follows the same process as filing a new DBA name. Every one year, you should renew your Minnesota DBA to ensure continued compliance with state regulations.

To renew your DBA name in Minnesota, follow these steps:

  1. Check the renewal deadline: Be aware of the renewal deadline for your DBA name, typically every one year. Missing the deadline may result in penalties or loss of your trade name rights.
  2. Complete the renewal application: Obtain the renewal application from the Minnesota Secretary of State or the appropriate county office. Fill out the required information, including updates on your business address, contact information, and a description of the products or services provided under the Fictitious Name.
  3. Submit the renewal application: Submit the completed renewal application to the Minnesota Secretary of State or the appropriate county office by the deadline. Be prepared to pay the renewal fee, which may vary depending on the method of submission or the specific county where you are renewing your DBA name.
  4. Receive confirmation: Once your renewal has been processed and approved, you will receive confirmation from the Minnesota Secretary of State or the county office. Keep this documentation for your records.

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Changing a DBA Name in Minnesota

If you need to change your Trade Name (DBA or Fictitious Name), apply to the Minnesota Secretary of State (SOS) or the appropriate county office. The process for changing a trading name is similar to registering a new DBA. You can reserve your DBA name for one year.

To change your trade name in Minnesota, follow these steps:

  1. Check name availability: Before applying for a new trade name, ensure that another business still needs to use the desired name. Search the Minnesota Government Records Inquiry System or the Minnesota Secretary of State Business Filings Online database provided by the Minnesota Secretary of State to confirm business name availability in Minnesota.
  2. Complete the change application: Obtain the trade name change application from the Minnesota Secretary of State or the appropriate county office. Fill out the required information, including the current and new trade names you wish to use.
  3. Submit the change application: Submit the completed change application to the Minnesota Secretary of State or the appropriate county office. Be prepared to pay the change fee, which may vary depending on the submission method or the county where you change your DBA name.
  4. Receive confirmation: Once your trade name change has been processed and approved, you will receive confirmation from the Minnesota Secretary of State or the county office. Keep this documentation for your records and update all relevant business materials with the new trade name.

FAQs

What is a DBA name in Minnesota?
A DBA (Doing Business As) name in Minnesota is an alternative business name used to operate a company or entity.
Why should you register a DBA name in Minnesota?
It is important to register a DBA name in Minnesota in order to protect your business name and establish it as a legal entity.
How do you search if your preferred DBA name is available in Minnesota?
You can search for available DBA names in Minnesota online through the Secretary of State’s website.
Who can apply for a DBA name in Minnesota?
Any individual, partnership, corporations, or other business entities that wants to do business under a name other than their legal name can apply for a DBA name in Minnesota.
How much does it cost to register a DBA name in Minnesota?
The fee to register a DBA name in Minnesota is $50.
How long does it take to register a DBA name in Minnesota?
It may take up to 2-4 weeks to process your application to register a DBA name in Minnesota.
Do you need to register a DBA name in Minnesota to do business in the state?
Yes, it is required to register a DBA name in Minnesota if you will be doing business under a different name than your legal name.
Can I register my DBA name online in Minnesota?
Yes, you can register your DBA name online in Minnesota through the Secretary of State’s website.
How long is a DBA name in Minnesota valid for?
The DBA name in Minnesota is valid for 10 years.
Can I renew my DBA name in Minnesota after 10 years?
Yes, you can renew your DBA name in Minnesota after 10 years by filing a new application and paying the renewal fee.
What happens if my DBA name application is rejected in Minnesota?
If your DBA name application is rejected in Minnesota, you will receive a notice with the reason for rejection and instructions on how to correct or resubmit your application.
Does registering a DBA name in Minnesota protect my business name?
Registering a DBA name in Minnesota provides some protection to your business name, but it does not give you the same legal protection as a trademark.
Can I use my DBA name in other states outside of Minnesota?
No, registering a DBA name in Minnesota only allows you to use that name within the state of Minnesota. To use it in other states, you need to register your DBA name separately in each state.
Can I register multiple DBA names for my business in Minnesota?
Yes, you can register multiple DBA names for your business in Minnesota by filing a separate application for each name and paying the required fee for each.
Can I register a DBA name for a non-profit organization in Minnesota?
Yes, a non-profit organization can register a DBA name in Minnesota if they want to do business under a name other than their legal name.
Can I change my DBA name in Minnesota?
Yes, you can change your DBA name in Minnesota by filing a new application and paying the required fee.
Can I transfer my DBA name to someone else in Minnesota?
No, a DBA name cannot be transferred to somebody else in Minnesota. Once a DBA is registered, it is tied to the business or entity that registered it.
Do I need a lawyer to register a DBA name in Minnesota?
No, you don’t need a lawyer to register a DBA name in Minnesota. You can file a DBA name application on your own.
Do I need to publish my DBA name in a newspaper in Minnesota?
No, you are not required to publish your DBA name in a newspaper in Minnesota. However, it is recommended to do so as it helps you establish your business name.
What information do I need to provide when registering a DBA name in Minnesota?
You need to provide your name and address, registered business name, DBA name, and purpose of your business.
Are there any restrictions on the type of name I can choose for my DBA name in Minnesota?
Yes, the name you choose for your DBA name in Minnesota cannot contain words that imply a governmental affiliation or confuse it with another business or entity.
Can I trademark my DBA name in Minnesota?
Yes, you can trademark your DBA name in Minnesota to give your business more legal protection.
Do I need to register my DBA name if it is the same as my business name in Minnesota?
No, if your DBA name is the same as your legal name then you don’t need to register your DBA name in Minnesota.
Can I have more than one DBA name in Minnesota?
Yes, you can have as many DBA names you want and pay a fee for each.
Where can I find more information about registering a DBA name in Minnesota?
You can find more information about registering a DBA name in Minnesota on the Secretary of State’s website or by calling their office.
Can I cancel my DBA name in Minnesota if I decide not to use it?
Yes, you can cancel your DBA name in Minnesota by filing a cancellation form and paying the required fee.
What should I do if somebody else is using my DBA name in Minnesota?
If somebody else is using your DBA name in Minnesota, you may be required to file a lawsuit to protect your business name so it is recommended that you contact a lawyer.
How can I protect my DBA name from infringement in Minnesota?
You can protect your DBA name from infringement in Minnesota by registering a trademark for your name.
Can an individual use a DBA name in Minnesota?
Yes, individuals can use a DBA name, if they conduct that name as a business entity.
What is a DBA name and why do I need it in Minnesota?
DBA stands for “doing business as,” and in Minnesota, it is required for anyone filing an assumed name or fictitious name for their business.
How do I know if I need to file for a DBA name in Minnesota?
If you are operating a business under a name that is different than your own name, you need to file for a DBA name in Minnesota.
Can I file for a DBA name using a name that is already in use in another state?
No, your DBA name in Minnesota must be unique and not used by another business in the state.
How long does it take to get a DBA name in Minnesota?
The processing time for a DBA name in Minnesota varies depending on the workload of the Minnesota Secretary of State’s office, but it usually takes about 5-7 business days.
What is the cost to file for a DBA name in Minnesota?
As of 2021, the filing fee for a DBA name in Minnesota is $50.
Is there a deadline for filing for a DBA name in Minnesota?
You must file for your DBA name in Minnesota before you begin using the name for your business.
Do I need an attorney to register for a DBA name in Minnesota?
No, legal assistance is not required to file for a DBA name in Minnesota.
How many DBA names can I have in Minnesota?
There is no limit to the number of DBA names you can have in Minnesota.
Can I change my DBA name after it has been registered in Minnesota?
Yes, you can change your DBA name in Minnesota by filing a new registration. The fee for changing your DBA name is $50 as of 2021.
Do I need to renew my DBA name registration in Minnesota?
No, a DBA name registration in Minnesota is valid as long as the business using the name is active and in good standing.
Can I transfer my DBA name registration to another state?
No, your DBA name registration is only valid in Minnesota.
What happens if someone else starts using the same name as my DBA name in Minnesota?
If someone else starts using your DBA name in Minnesota, you may need to take legal action to protect your business name and reputation.
How do I know if my DBA name is available to use in Minnesota?
You can search for available DBA names in Minnesota through the Minnesota Secretary of State’s website.
Can I include the words “Inc.” or “LLC” in my DBA name in Minnesota?
No, you cannot include corporate designations like “Inc.” or “LLC” in your DBA name in Minnesota.
Can I use a different DBA name for each of my business locations in Minnesota?
Yes, you can use a different DBA name for each of your business locations in Minnesota.
Can I use my DBA name to open a business bank account in Minnesota?
Yes, you can use your DBA name to open a business bank account in Minnesota.
Do I need to put my DBA name on my business license or permit in Minnesota?
Yes, you must include your DBA name on your business license or permit in Minnesota.
Can I assign my DBA name to someone else in Minnesota?
No, you cannot assign your DBA name to someone else in Minnesota.
If I have a sole proprietorship, can I change my business name and get a DBA name in Minnesota?
Yes, as a sole proprietor in Minnesota, you can change your business name by registering for a DBA name.
Can a foreign entity file for a DBA name in Minnesota?
Yes, a foreign entity can file for a DBA name in Minnesota as long as it meets the state’s requirements.
Will I receive a certificate of registration for my DBA name in Minnesota?
Yes, you will receive a certificate of registration for your DBA name in Minnesota.
Is my DBA name in Minnesota protected by trademark law?
No, registering for a DBA name in Minnesota does not offer trademark protection.
Can I get a refund if my DBA name registration application is rejected in Minnesota?
No, the filing fee for your DBA name in Minnesota is non-refundable, even if your registration application is rejected.
Can I use my DBA name to sell products or services online in Minnesota?
Yes, you can use your DBA name to sell products or services online in Minnesota.
How do I make changes to my DBA name registration in Minnesota?
You can make changes to your DBA name registration in Minnesota by filing an amendment with the Secretary of State’s office.
Can I use my DBA name for a non-profit organization in Minnesota?
Yes, you can use your DBA name for a non-profit organization in Minnesota.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in Minnesota is essential to managing your business’s identity and growth. Following the outlined steps and adhering to state regulations ensures your business remains compliant and continues to thrive. Remember, a well-chosen trade name reflects your brand identity and helps you connect with your target audience more effectively. As your business evolves, it’s crucial to stay adaptable and responsive to the ever-changing market conditions, and having a suitable DBA name is a significant part of that journey.

So, embrace the opportunity to create a professional and friendly image for your business, and let your DBA name be the catalyst for success. Visit LLCBase today to access valuable resources and guidance tailored to your business needs.

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