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

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How to Get a DBA Name in North Dakota

If you want to use a different name other than the legal name for your business in North Dakota, 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 North Dakota LLC reach a wider audience.

North Dakota, also known as The Peace Garden 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 North Dakota.

Get a DBA Name

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 North Dakota

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 North Dakota 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 North Dakota under a name other than your personal name or an existing corporate name, you must file a DBA name with North Dakota 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 North Dakota

Want to obtain a DBA name in North Dakota? 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 North Dakota, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in North Dakota, search the North Dakota Secretary of State Business Records Search database provided by the North Dakota 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 North Dakota, 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 North Dakota 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 North Dakota DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the North Dakota Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most North Dakota 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 North Dakota DBA Name, you must apply to the North Dakota Secretary of State or the appropriate county office. In North Dakota, you can file the DBA name using various methods, such as (two methods, by mail and in person.). The cost of filing the Fictitious Name (DBA name) in North Dakota is $25. This fee may vary depending on the method of filing or the specific county where you are registering your DBA name.

  • Online: There is no online filing available
  • Offline: 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.

Step 5: Use the North Dakota 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 North Dakota 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 North Dakota and use it to enhance your business’s visibility and reach.

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DBA Name in North Dakota: A Detailed Guide

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

Renewing a DBA Name in North Dakota

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 five years, you should renew your North Dakota DBA to ensure continued compliance with state regulations.

To renew your DBA name in North Dakota, follow these steps:

  1. Check the renewal deadline: Be aware of the renewal deadline for your DBA name, typically every five years. 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 North Dakota 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 North Dakota 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 North Dakota Secretary of State or the county office. Keep this documentation for your records.

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Changing a DBA Name in North Dakota

If you need to change your Trade Name (DBA or Fictitious Name), apply to the North Dakota 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 five years.

To change your trade name in North Dakota, 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 North Dakota Government Records Inquiry System or the North Dakota Secretary of State Business Records Search database provided by the North Dakota Secretary of State to confirm business name availability in North Dakota.
  2. Complete the change application: Obtain the trade name change application from the North Dakota 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 North Dakota 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 North Dakota 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 North Dakota?
A DBA name is a “doing business as” name used by a business or individual instead of their legal name in North Dakota.
Who needs to register for a DBA name in North Dakota?
Any business or individual in North Dakota that wants to use a name that is different from their legal name needs to register for a DBA name.
How do I know if my desired DBA name is available in North Dakota?
You can search for available DBA names in North Dakota on the Secretary of State’s website.
What are the requirements for registering a DBA name in North Dakota?
The requirements for registering a DBA name in North Dakota include filling out a registration form and paying the appropriate fee.
How much does it cost to register a DBA name in North Dakota?
The fee for registering a DBA name in North Dakota varies, depending on the county in which you are registering and can be found on the Secretary of State’s website.
Do I need to register my DBA name in every county where I do business in North Dakota?
No, you only need to register your DBA name in the county in which your principal place of business is located in North Dakota.
How long can I use my DBA name in North Dakota?
Your DBA name registration in North Dakota is valid for five years.
How do I renew my DBA name registration in North Dakota?
You can renew your DBA name registration in North Dakota by completing the renewal form on the Secretary of State’s website and paying the appropriate fee.
Can I amend my DBA name registration in North Dakota?
Yes, you can amend your DBA name registration in North Dakota by completing the amendment form on the Secretary of State’s website and paying the appropriate fee.
Do I need to have a separate bank account for my DBA name in North Dakota?
It is not a requirement to have a separate bank account for your DBA name in North Dakota, but it is recommended.
Can I register a DBA name for a nonprofit in North Dakota?
Yes, you can register a DBA name for a nonprofit in North Dakota.
Can I register multiple DBA names in North Dakota?
Yes, you can register multiple DBA names in North Dakota.
How long does it take to process a DBA name registration in North Dakota?
Processing times for a DBA name registration in North Dakota vary, but typically take several days to a week.
Do I need to register my DBA name if I am a sole proprietor in North Dakota?
Yes, you need to register your DBA name if you are a sole proprietor in North Dakota.
Do I need a separate permit to operate my business under my DBA name in North Dakota?
No, you do not need a separate permit to operate your business under your DBA name in North Dakota.
Can I use a DBA name registered in another state to do business in North Dakota?
No, you need to register your DBA name in North Dakota if you want to do business there.
Can I cancel my DBA name registration in North Dakota?
Yes, you can cancel your DBA name registration in North Dakota by filling out the cancellation form on the Secretary of State’s website.
What happens if I do not register my DBA name in North Dakota?
If you do not register your DBA name in North Dakota, you may face legal penalties and not be allowed to do business under that name.
Do I need an attorney to register my DBA name in North Dakota?
No, while an attorney can be helpful, it is not necessary to have one to register your DBA name in North Dakota.
Can I register my DBA name registration in North Dakota online?
Yes, you can register your DBA name registration in North Dakota online through the Secretary of State’s website.
What is the purpose of a DBA name in North Dakota?
The purpose of a DBA name in North Dakota is to allow a business or individual to use a name other than their legal name when carrying out business activities.
Can I transfer my DBA name registration to someone else in North Dakota?
No, DBA name registrations in North Dakota are not transferable.
How do I change my DBA name in North Dakota?
To change your DBA name in North Dakota, you will need to cancel your current DBA name registration and register a new one with your desired name.
Can a corporation register a DBA name in North Dakota?
Yes, a corporation can register a DBA name in North Dakota.
Do I need to file my DBA name registration with the IRS in North Dakota?
No, you do not need to file your DBA name registration with the IRS in North Dakota.
Is it necessary to publish notice of my DBA name registration in North Dakota?
No, it is not necessary to publish notice of your DBA name registration in North Dakota.
Do I need a DBA name if my business is registered with the Secretary of State in North Dakota?
Yes, even if your business is registered with the Secretary of State in North Dakota, you still need to register your DBA name if you are going to use a different name to do business.
How do I know if I need a DBA name for my business in North Dakota?
If you plan to conduct business under a name that is different from your legal name, you need to register a DBA name in North Dakota.
What is a DBA?
DBA is short for “doing business as,” which is a way for a business owner to operate a business under a different name than the owner’s personal or legal name.
Do I need to get a DBA in North Dakota?
You are required to register a DBA name in North Dakota if you are a sole proprietor or partnership and operating using a name that doesn’t include the owner’s full legal name.
How do I check if the DBA name I want is already taken in North Dakota?
You can search for existing DBA names in North Dakota on the Secretary of State website.
What is the fee to file a DBA name in North Dakota?
The fee to file a DBA name in North Dakota is $25.
How long does it take to get my DBA name in North Dakota?
There is no set timeframe for how long it takes to get a DBA name in North Dakota, but it is typically processed within a few weeks.
Can I register a DBA name online in North Dakota?
Yes, you can register a DBA name online through the North Dakota Secretary of State website.
Do I need to publish my DBA name in a newspaper in North Dakota?
Yes, you are required to publish your DBA name in a newspaper in the county where your business is located in North Dakota.
How long is my DBA name valid in North Dakota?
Your DBA name is valid as long as you continue to do business under that name and keep your registration current with the state of North Dakota.
What happens if I don’t register my DBA name in North Dakota?
If you don’t register your DBA name in North Dakota, you may be subject to fines and legal actions.
Can I register multiple DBA names for my business in North Dakota?
Yes, you can register multiple DBA names for your business in North Dakota as long as you pay the fee for each name.
Can I change my DBA name in North Dakota?
Yes, you can change your DBA name in North Dakota by filing a new registration and paying the associated fee.
Is having a DBA name the same as having a trademark in North Dakota?
No, having a DBA name is not the same as having a trademark in North Dakota. A trademark provides broader legal protection for a business name, while a DBA name is simply an alternative name that a business can use to conduct business.
Can I use a DBA name outside of North Dakota?
Yes, you can use a DBA name outside of North Dakota as long as you register the name in the appropriate state(s) and comply with any other state requirements related to registering and using a DBA name.
Do I need to file for a federal trademark registration if I have a DBA name in North Dakota?
No, you are not required to file for a federal trademark registration if you have a DBA name in North Dakota. However, it may be beneficial to do so if you want broader legal protection for your business name.
Can I have a DBA name and a LLC in North Dakota?
Yes, you can have a DBA name and a LLC in North Dakota. The DBA is simply how you will do business under the LLC.
Do I need to register my DBA name annually in North Dakota?
No, there is no requirement to renew your DBA registration annually in North Dakota, but you should keep your registration current.
Can I register my DBA name by mail in North Dakota?
Yes, you can register your DBA name by mail in North Dakota by filing a paper form and sending it to the Secretary of State’s office.
What information do I need to provide when registering my DBA name in North Dakota?
You will need to provide the fictitious name, owner’s name and address, and business address.
What do I do if I want to cancel my DBA registration in North Dakota?
To cancel your DBA registration in North Dakota, you must file a form with the Secretary of State and pay a fee.
Do I need to notify the IRS if I get a DBA name in North Dakota?
No, you do not need to notify the IRS when you get a DBA name in North Dakota.
Can I reserve a DBA name without immediately filing for it in North Dakota?
No, you cannot reserve a DBA name without immediately filing for it in North Dakota.
Can I register a DBA name if I live outside of North Dakota?
Yes, you can register a DBA name in North Dakota if you live outside of the state.
Can I use a DBA name without getting it registered in North Dakota?
No, it is illegal to use a DBA name without getting it registered in North Dakota.
What happens if someone else uses my DBA name in North Dakota?
If someone else uses your DBA name in North Dakota, you may need to take legal action to assert your rights to the name and protect your business.
Can I register a DBA name that is already a registered business name in North Dakota?
No, you cannot register a DBA name that is already a registered business name in North Dakota.
Do I need a lawyer to register my DBA name in North Dakota?
No, you do not need a lawyer to register your DBA name in North Dakota.
Can I register my DBA name on behalf of another person in North Dakota?
No, you cannot register a DBA name on behalf of another person in North Dakota.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in North Dakota 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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