How to Change a Business Name in North Dakota 2024: Ultimate Guide

Welcome to our all-in-one guide on renaming your business in North Dakota (also known as The Peace Garden State)! We know that a name change can impact your operations, brand, and customers. We aim to make this transition as smooth as possible, offering expert advice and guidance throughout the process.

Get ready to dive in as we explore the necessary steps for a successful business name change in North Dakota. We’ll cover everything from selecting a new name to updating crucial documents and registrations, ensuring your North Dakota LLC remains compliant and thriving. At LLCBase, we’re here to support you every step of the way in this exciting journey towards a fresh business identity in North Dakota!

Change a Business Name

On this page, you’ll learn about the following:

What is a Business Name
- Top Reasons for Changing a Business Name
Change a Business Name: A 4-Step Guide
Considerations When Changing a Business Name
FAQs

What is a Business Name

A business name, or trade name, is the official and unique title under which a company conducts its operations and represents itself to the public. It is essential to a company’s identity in branding, marketing, and communications. A well-chosen business name distinguishes a business from its competitors and conveys its values, mission, and services or products offered to customers.

A business name represents your company’s identity and is crucial for all branding and marketing initiatives. However, entrepreneurs often feel the need to change their business’s name at some point.

Top Reasons for Changing a Business Name

Rebranding: One of the most common reasons for changing a business name is rebranding. As businesses evolve over time, their initial name may no longer reflect the current products, services, or target audience. A new name can help create a refreshed identity and better communicate the business’s direction.
Expansion: Another reason for changing a business name is geographical or market expansion. If your company name was initially tied to a specific location or target market, a change might be necessary to reflect the new areas you’re targeting.
Mergers and Acquisitions: Adopting a new name representing both entities’ strengths may be beneficial if your business merges with or acquires another company.
Legal Issues: Trademark disputes or potential infringement can also lead to a business name change. If you’re facing legal challenges over your company’s name, rebranding might be a wise choice to avoid further issues.
Negative Associations: Suppose your business has faced negative press or unfavorable associations with its current name. In that case, a name change can help distance the company from past issues and signal a fresh start.

Change a Business Name: A 4-Step Guide

Let’s discuss the various steps and procedures involved in changing your business name effectively:

Step 1: Choose Your New Business Name

Selecting a new name is the first step in changing your business name in North Dakota. Many business owners file a DBA (Doing Business As) or a Fictitious Name before registering their business with the Secretary of State (SOS). They can then change this name when filing their business. To choose a new name and file a DBA, follow the steps below:

Visit the North Dakota Secretary of State to access the North Dakota Secretary of State Business Records Search, where you can search for the desired name and confirm its availability.
Once you have found an available name, proceed with the DBA name filing in North Dakota. The North Dakota DBA filing method can be done through two methods, by mail and in person., which may include There is no online filing available or For filing offline, you must send the accomplished DBA filing form to the North Dakota Secretary of State, 600 E. Boulevard Ave., Dept. 108, Bismarck, ND 58505-0500 or drop it off in person at the same address. options.
Depending on the chosen filing method, you may need to submit a DBA application form and pay the associated $25. This fee may vary depending on your state and filing method.
After successfully filing your DBA, keep track of the five years, as you may need to renew your DBA registration periodically, depending on your state’s requirements.

By following these steps, you can ensure a smooth transition in changing your business name in North Dakota while maintaining compliance with state regulations. Remember to update all relevant documents, licenses, and registrations with your new business name to avoid confusion and maintain a consistent brand identity.

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North Dakota Requirements to Change a Business Name

Before proceeding with the next step, it is crucial to know the naming guidelines when choosing a new name for your business. These guidelines may vary based on the type of business structure. For example, if you start a North Dakota LLC, the following rules must be observed when changing the name:

The name should be available for use
The name should not be in use by another business
The new name must include “LLC” if it is a limited liability company
The name should not be confused with a government entity
The name should be unique

Read the North Dakota LLC name search article to learn more about LLC naming guidelines if you are forming an LLC.

Step 2: Prepare the Documents

Once you choose a new business name, prepare the necessary documents to file the North Dakota Amended Certificate of Authority. Gathering all the required information and double-checking for accuracy before the submission is essential. Along with the name change form, submit the following details:

Current business name: Provide the existing name of your business as it appears on your registration documents.
New business name: Clearly state the new name you have chosen for your business, ensuring that it complies with your state’s naming guidelines.
The entity number of the business: Include the unique identification number issued by the North Dakota for your business. This number is often called the Secretary of State File Number or the Business Identification Number.
Board of Directors’ approval statement (for corporations): If your business is a corporation, provide a statement indicating that the Board of Directors has approved the name change. This statement should include the date of the meeting during which the decision was made and the signatures of the authorized representatives.
Information on shares (if applicable): For corporations, provide details on the number of authorized shares, the various classes of shares, and any changes to the share structure resulting from the name change.
Signatures of members (LLC) or Shareholders (Corporation): Obtain and include the signatures of all required parties, such as LLC members or corporate shareholders, to confirm their agreement to the name change.
North Dakota Amended Certificate of Authority filing fee: Include the appropriate filing fee of $50.00 in North Dakota. This fee may vary depending on the state and the type of business entity.

Just like the first process of starting a business in North Dakota, ensure that the details in the Amended Certificate of Authority are consistent with the initial filing documents. Inconsistencies may result in the cancellation of your registration or delays in processing the name change. By carefully preparing and reviewing your amendment documents, you can help ensure a smooth transition to your new business name in North Dakota.

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Step 3: File the North Dakota Amended Certificate of Authority

After thoroughly preparing and reviewing all the necessary documents, proceed to file the North Dakota Amended Certificate of Authority for your North Dakota LLC or an Amendment of Articles of Incorporation for corporations. Keep in mind the following steps to ensure a successful filing:

Attach the name reservation form: Remember to include the name reservation form with the Amendment forms. This form typically confirms that you have reserved and have the right to use the new business name.
Choose the appropriate filing method: You can file the Amended Certificate of Authority online or by mail, depending on your state’s available options. Each method may have specific requirements or fees, so research your state’s guidelines to determine the best option for your business.
Submit the Amended Certificate of Authority forms and fees: Complete the required amendments, providing accurate information and including all necessary signatures. Include the appropriate North Dakota Amended Certificate of Authority filing fee of $50.00, which may vary depending on your state and business entity type.
Keep track of processing times: Depending on your state and filing method, the processing time for your Amendment may vary. Monitor your filing status and be prepared to address any questions or concerns from the state agency.
Obtain a confirmation or updated registration documents: Once your Amended Certificate of Authority has been processed and approved, you should receive a confirmation or updated registration documents reflecting the new business name. Keep these documents for your records and update any other relevant materials.

By diligently following these steps and adhering to your state’s requirements, you can successfully file the North Dakota Amended Certificate of Authority and transition to your new business name. Remember to update all related licenses, permits, and registrations to maintain compliance and prevent confusion.

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Step 4: Update the New Business Name

Once you have successfully filed the North Dakota Amended Certificate of Authority, updating the new business name in various areas is crucial to maintain compliance, prevent confusion, and ensure a seamless transition.

We’ve also compiled a list of the best business attorneys in North Dakota to support you in changing and updating your business name. Please take a moment to explore their services!

But if you decided to update the new business name yourself, consider the following updates that you need to do:

Legal documents: Update the North Dakota statement of information, loan documents, active legal contracts, lease agreements, and any other relevant legal documents with your new business name.
City/local registration: If your city or local authorities require business registration, update your new business name with the appropriate departments, such as the North Dakota Secretary of State, by submitting the necessary forms and fees.
Business Licenses: Contact the relevant departments to update your new name and obtain the necessary North Dakota business licenses and permits for operating in North Dakota.
Bank Accounts: Visit your bank or financial institution to update your business accounts, credit cards, and checks to reflect the new name, ensuring a smooth financial transition.
Internal Revenue Service (IRS): Amend your business name with the IRS by obtaining your EIN records or filing an updated Tax Exemption Application to maintain compliance and prevent confusion.
Other updates: If you have employees, amend your records with the Job Service North Dakota and the employment development authority. Update any additional business permits, insurance policies, and legal documents as needed.
Marketing materials: Update your website, signage, business cards, merchandise, social media profiles, email signatures, and other places where your business name is displayed to maintain a consistent brand identity.

Updating your business name across all relevant areas ensures a smooth transition and minimizes any potential issues arising from the name change. This comprehensive approach will help maintain your business’s credibility and reputation while adapting to the new name in North Dakota.

Considerations When Changing a Business Name

Customer Recognition: When changing your business name, it’s essential to consider its impact on your existing customers’ recognition of your brand. Ideally, the new name should maintain some connection to the old one to retain customer loyalty and familiarity.
Trademarks and Domain Name Availability: Before settling on a new name, ensure it is available for trademark registration and a corresponding domain name is available for your online presence.
Costs and Time Investment: Changing a business name involves various costs, such as legal fees and marketing expenses. The process can be time-consuming, from notifying customers and suppliers to updating documentation and signage.
Search Engine Optimization (SEO) Impact: Changing your business name can impact your website’s SEO rankings. Building a strong online presence using your new name and updating all online content and backlinks will require extensive work.
Notify Relevant Authorities: When changing your company’s name, ensure you notify the relevant local, state, and federal authorities, update your tax information, and obtain new business licenses and permits.

FAQs

What are the steps to change a business name in North Dakota?

The steps to change a business name in North Dakota include filing and registering a DBA, obtaining a new EIN, updating any required licenses and permits, and updating any contracts and agreements.

What is a DBA?

A DBA, or “doing business as,” is a trade name used for conducting business activities under a name other than the legal name of the business owner. Registering a DBA allows businesses to operate under a different name and helps customers identify their operations.

How much does it cost to file a DBA in North Dakota?

The cost to file a DBA in North Dakota can vary by county and entity type but generally ranges from $25 to $50. An online filing service may also charge additional fees.

Can I use a registered trademark as my business name in North Dakota?

You can use a registered trademark as your business name in North Dakota as long as you have permission from the trademark owner or use for another purpose other than the registered use.

Is a DBA registration enough to change my business name in North Dakota?

No, a DBA registration is just one step in changing your business name in North Dakota. You also need to update other legal and business documents accordingly.

Do I need to obtain a new EIN if I change my business name in North Dakota?

Yes, if you change your business name in North Dakota, you will need to obtain a new EIN, or employer identification number, from the IRS.

How do I obtain a new EIN for my business after changing its name in North Dakota?

You can obtain a new EIN by updating your business information with the IRS through their website or by filing form SS-4.

Can my business name change affect my tax filings in North Dakota?

Yes, changing your business name can affect your tax filings in North Dakota. You will need to update your business name with the IRS and North Dakota Department of Revenue to ensure your tax filings are accurate.

How long does it take to receive my DBA certificate in North Dakota?

It can take up to ten business days to receive your DBA certificate in North Dakota.

How do I update my business license after changing its name in North Dakota?

To update your business license, you will need to contact the North Dakota Secretary of State’s office or any relevant licensing agencies to fill out the necessary forms and submit it with your updated information.

What happens if I fail to update my business licenses and permits after changing my business name in North Dakota?

Failing to update your business licenses and permits can leave you at risk of operation violations, potential legal consequences, and fines.

What are the repercussions of operating under an unregistered trade name in North Dakota?

Operating under an unregistered trade name is illegal and can lead to legal consequences. In addition, you may be subject to fines and fees.

Can I change my business name if I have pending lawsuits or liens in North Dakota?

It might be more complicated to proceed with changing your business name if you have pending lawsuits or liens in North Dakota, as the process can have various legal considerations or potential complications.

Do I need to update my website and social media accounts after changing my business name in North Dakota?

Yes, updating your website and social media accounts with your new business name can help ensure that clients as well as new contacts can find and keep in contact with you.

Is there a deadline for changing a business name in North Dakota?

There is no standard deadline for changing a business name in North Dakota; however, your business filings and legal documents need to reflect accurately your new name before you start using it officially.

How much time will it take to change a business name in North Dakota?

The time it takes to change a business name in North Dakota depends on varies factors, including how quickly you gather your necessary paperwork, and the state agency turn-around processing time.

What should I do if I have retail or commercial locations outside North Dakota but still want to change my business name?

You will need to check with the applicable state and local business licensing offices where your retail or commercial locations are to update your business registration information with them.

Can a business name that already exists in another State be used in North Dakota?

If a business name is already taken in North Dakota even if the other company holds a different state’s operating name registration then formulating a new and unique name is better practice.

Where do I file my DBA in North Dakota?

In North Dakota, you can file for a DBA with the Secretary of State’s office or your county’s register of deeds office.

What information do I need to provide when filing for a DBA in North Dakota?

At a minimum, you will need to provide your desired DBA name, your business mailing and physical address, and your registered agent name and address.

Can I file for a DBA online in North Dakota?

While many states allow online filing for DBAs, North Dakota has yet to implement filing DBAs online. However, you have the option for mail and physical submissions as well.

What happens if my DBA application is rejected in North Dakota?

If your DBA application is rejected in North Dakota, you will need to find a new name to ensure that it is unique and not in use elsewhere.

Do I need an attorney to change my business name in North Dakota?

An attorney is not required to change your business name in North Dakota, but due to tighter legal regulations than other states, it may be advisable to consult with an attorney, especially when handled in specific cases or legally tied significant business situations.

How often can I change my business name in North Dakota?

There is no specific policy prohibiting you from changing your business name in North Dakota multiple times over an undesignated period, but unnecessarily frequent changes can impact clients’ trust and generate legal inquiries.

What if my business name change convolutes my branding?

As altering your business name in North Dakota can have complex implications check other rising the branding efforts upon its namechange, however maintaining or adjusting Naming comes down to your strategical goals, branding policies.

How do I check to ensure that my new business name is not already in use in North Dakota?

In North Dakota, you can search your desired business name desired online through the Secretary of State’s web sites.

How do I ensure my intellectual property (IP) rights protection after I change my business name in North Dakota?

Upgrading covering through IP rights and processes is not directly needed since registering for a statement under a newly filed Structured Trade Name leaves you jurisdictional passive intellectual property rights however if previously registered trademarks hold bearing for the individual industry in which you contributed with this platform, consult with preserving a trademark.

Who can help me with any questions I may have about changing my business name in North Dakota?

The North Dakota Secretary of State’s office or an experienced business attorney can offer guidance on understanding the procedure in North Dakota when changing your business name.

What are the legal requirements for changing a business name in North Dakota?

In North Dakota, a business may change its name by amending its articles of incorporation or articles of organization with the Secretary of State.

Do I need to file any formal paperwork to change my business name in North Dakota?

Yes, you will need to file a request for amendment to your articles of incorporation or articles of organization.

Can I change the name of my business at any time in North Dakota?

Yes, you are allowed to change the name of your business at any time in North Dakota as long as you follow the proper legal channels.

Is there a fee to change the name of my business in North Dakota?

Yes, a fee must be paid to file the request for amendment with the Secretary of State.

How long will it take for the name change to be approved in North Dakota?

The approval process can take several weeks or even months, depending on the workload of the Secretary of State’s office.

Will I receive a new certificate of incorporation or organization after changing my business name in North Dakota?

Yes, you will receive a new certificate of incorporation or organization with the updated business name.

Do I need to update any other documents or licenses after changing my business name in North Dakota?

Yes, you will need to update any documents or licenses that display your old business name, such as bank accounts, contracts, and licenses.

Can I keep the same tax ID number when I change the name of my business in North Dakota?

Yes, you will keep the same tax ID number.

Will I need to inform my customers and suppliers of the name change in North Dakota?

Yes, it is recommended to inform your customers and suppliers of the name change and to update any contracts or agreements accordingly.

How do I make sure my SEO and website reflect the new business name after changing it in North Dakota?

You must update your website, social media profiles, and any other online platforms to reflect the new name and ensure all links and URLs are updated as well.

Can I make any other changes to my business besides just the name when changing it in North Dakota?

Yes, you can make other amendments to your articles of incorporation or articles of organization at the same time as the name change.

Is a DBA required to change my business name in North Dakota?

No, a DBA is not required to change your business name in North Dakota but a separate DBA filing may be necessary if you plan on using an alternative name.

Can I change the name of an LLC or corporation in North Dakota?

Yes, you can change the name of your LLC or corporation in North Dakota.

What are the reasons for wanting to change the name of a business in North Dakota?

Reasons for wanting to change a business name in North Dakota can include a rebrand, new ownership, change of focus, and personal preference.

Can I trademark the new name of my business in North Dakota?

Yes, you can trademark the new name of your business through the United States Patent and Trademark Office.

What are some tips for choosing a new name for my business in North Dakota?

Some tips for choosing a new name for your business in North Dakota include selecting something unique and memorable, making sure it is easy to pronounce and spell, avoiding any trademark conflicts, and considering potential SEO keywords.

Can I change the name of my sole proprietorship in North Dakota?

Yes, you can change the name of your sole proprietorship in North Dakota.

What happens if my requested business name is already in use in North Dakota?

You will need to select a different name if your requested business name is already in use in North Dakota.

Will my business name change affect my tax liability in North Dakota?

No, the tax liability for your business will not be impacted by a name change in North Dakota.

Can I revert back to the old business name after the change in North Dakota?

Yes, but it will require filing another request for amendment and paying the associated fee.

Can I reserve a new business name before officially changing it in North Dakota?

Yes, you can reserve a new business name for up to six months before officially changing it by filing a name reservation application with the North Dakota Secretary of State.

Can I change the name of my non-profit organization in North Dakota?

Yes, you can change the name of your non-profit organization in North Dakota by following the same legal processes required for businesses.

Can I change the name of my partnership in North Dakota?

Yes, you can change the name of your partnership in North Dakota.

Can I change my business name if I am currently under a lawsuit in North Dakota?

If your business is currently involved in a lawsuit in North Dakota, changing the name may complicate the legal proceedings and therefore must be discussed with an attorney.

Can I change the name of my foreign corporation in North Dakota?

Yes, but you must have the authority to make changes to the corporation in its home state before you can change the name in North Dakota.

What happens to any existing contracts or agreements after my business name change in North Dakota?

Existing contracts and agreements will still be legally binding, but they will have to be re-signed under the new business name for clarity and accuracy.

Do I need to inform the IRS of a name change for my business in North Dakota?

No, you do not need to inform the IRS of a name change, but you should provide them with a copy of the new certificate of incorporation or organization during annual tax filing.

Conclusion

Changing your business name in North Dakota is a significant decision that requires careful planning and attention to detail. By following the steps outlined in this guide and diligently updating your business name across all relevant areas, you can ensure a seamless transition while maintaining compliance with state regulations and preserving your brand’s reputation.

We invite you to visit LLCBase for more helpful resources and guidance on navigating the complexities of running a successful business in North Dakota. Let’s make your business an enduring success story in North Dakota!