The right business name is essential for growing your business. Whether you’re a local plumber looking to get started, a legal firm serving the state, or a regional food franchise, having the right to exclusively use your business’s name is essential for developing a brand.
One way to secure a business name is by registering an LLC or other corporation, but that’s not the only option. At times, it’s better to use a DBA for securing a business’s name. Here’s how to file a DBA in North Dakota, should you determine that this is the best option for your business.
A DBA (Doing Business As) allows your business to use a name other than what the business is officially registered as.
A DBA becomes an official name that’s exclusive to your business, which you can use for marketing, advertising, registering bank accounts, and most other business activities. It’s just not the official name that you’ll file business taxes under, but is effectively your business’s name for most purposes.
This is an option that’s available to all businesses in North Dakota. Sole proprietors might use a DBA instead of their personal name, LLCs might use a DBA so they can avoid advertising “LLC,” larger businesses might have multiple DBAs for various operations, and there are any number of other reasons why you might want to be “doing business as.”
In filing for a DBA, none of these businesses are creating an officially separate business entity. They’re simply registering a different name that they can use within the state.
North Dakota technically doesn’t use “DBA” or “Doing Business As” on official paperwork. Instead, you’ll file one of three name types depending on your business structure:
There aren’t many true disadvantages of using a trade name or other DBA, but it’s important to understand a major limitation of these names:
Operating without a DBA isn’t as serious as operating without a registered business, but it’s still not something you should do. In North Dakota, you generally won’t face state fines or jail time for using an unregistered trade name. There are a few other potential negative consequences, though:
A DBA does not affect how your business is taxed. Whether you operate under a DBA or your legal name, your tax obligations remain tied to your existing business structure. This is true whether you have a sole proprietorship, LLC, partnership, corporation, or other business structure, and whether you file for a trade name, fictitious name or franchise name.
Filing for a DBA in North Dakota is a fairly straightforward process. There are some slight differences depending on whether you need a trade name, fictitious name or franchise name, which are noted in the steps below when applicable.
No matter how you register a business name, it must meet the state’s naming requirements. For a trade name or other DBA, the requirements are:
A fictitious name is subject to the same requirements, and is a name that doesn’t use the names of the partnership’s members.
Franchisees must also provide a letter expressing written consent from the franchiser.
Registering a North Dakota DBA is a simple process that involves just a few steps. You can do everything through the North Dakota Secretary of State’s online First Stop. You’ll need to create an account before filing a DBA.
One of the main criteria is that your business’s DBA must be a name that’s available — a name that’s not currently registered by another business in the state.
To see whether a name is available, conduct an assumed name search for North Dakota through FirstStop. You can conduct a business search by name, without registering on the portal. Here are some tips:
North Dakota uses two different forms for DBAs. One form is for trade names and franchise names, and the other is for fictitious names.
To file online, you can access the appropriate form through the First Stop > Business > Forms. Clicking on the appropriate form (trade name or fictitious name) will take you to the appropriate steps on First Stop, after you login to the portal. This is the fastest and easiest option.
Should you wish to file for a trade name or franchise by mail, you can do so by completing form SFN 13401 (Trade Name Registration or Franchise Name Disclosure). Fictitious partnership names can only be registered online.
If submitting the print form, all registered owners must sign the form before it’s submitted. This is easier to handle through online filing, especially if owners aren’t all located in the same area.
A reminder: trade names are for most businesses, franchise names are for all franchises, and fictitious names are for all partnerships.
The print form is self-explanatory, and the online steps even more so. You’ll be asked to provide details such as your official business name, your and any partners’ names, the business structure, the business address, and the desired DBA name.
If filing a franchise name, you’ll have to complete those sections of the Trade Name Registration or Franchise Name Disclosure. You can ignore these if you’re filing a trade name. Remember, you also need a letter from your franchisor if filing for a franchise name.
Submit your business’s information, either online or by mailing the form, and include payment for the $25 filing fee. This can be paid by credit card or debit card if filing online, or check if filing by mail. The fee is the same regardless of how you file.
If filing a fictitious partnership name, the fee increases by $3 for each partner after the first two. The maximum is $250, although few partnerships are that large.
A North Dakota DBA is good for 5 years, after which it becomes inactive if not renewed. Mark your calendar, as it’s easy to forget in 5 years that your DBA needs to be renewed. The renewal process is the same as initially registering.
Filing a DBA online is the preferred option, although you can still file a trade name by mail should you wish to. In addition to online filing being faster and easier, there are a few other considerations:
You can file online by accessing the appropriate form through First Stop > Business > Forms. The mail-in form gets sent to Secretary of State, State of North Dakota, 600 E Boulevard Ave Dept 108, Bismarck, ND 58505.
The filing fee is $25 regardless of how you file. If filing a fictitious name, the fee increases by $3 for every partner after the first two (with a maximum fee of $250).
Using a DBA lets your business operate under a name that’s right for branding, rather than your personal name or one that has “LLC” in it. File a trade name, franchise name or fictitious name today, and you could be handing out business cards with the new name on them tomorrow. This can be an important step toward growing a well-named business and brand.
Generally no, your business doesn’t need to have a trade name or fictitious name. It’s optional for almost all businesses. The one exception is franchise businesses, which usually do need to register a franchise name.
Yes, North Dakota issues DBAs for 5 years at a time. You’ll have to renew the DBA 5 years from the date you file.
The filing fee for any type of North Dakota DBA is $25. There’s an additional $3 fee for each partner after the first two (maximum $250), if you’re filing a fictitious partnership name. Payment must be submitted when filing.
This portion of our website is for informational purposes only. Tailor Brands is not a law firm, and none of the information on this website constitutes or is intended to convey legal advice. All statements, opinions, recommendations, and conclusions are solely the expression of the author and provided on an as-is basis. Accordingly, Tailor Brands is not responsible for the information and/or its accuracy or completeness. It also does not indicate any affiliation between Tailor Brands and any other brands, services or logos.
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