How To Get a DBA in North Dakota in Three Steps
By Marjorie Richter, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last reviewed October 09, 2024
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A DBA name (which is an abbreviation for a “doing business as” name) allows you to operate your business under a name that is different from the company’s official legal name.
Using a DBA can help with branding and marketing, make it easier to open a business bank account, and protect your privacy. This article provides the information you need to get a DBA in North Dakota.
Register your DBA with confidence through our trusted partner LegalZoom.
Do I Need a DBA in North Dakota?
In North Dakota, you can’t use a DBA name until you register it with the state. So, it’s essential to register a DBA if you want your business to be able to use a name other than its legal name.
The legal name of a sole proprietorship in North Dakota must be the owner’s name. If you’re a sole proprietor, you may want to operate your business under a different name. That will help protect your privacy and establish your brand. To use a name other than your own name, you’ll have to register a trade name.
For all types of business organizations, a DBA can give your company a new name that’s more memorable and appealing to customers than its legal name. That’s a powerful and inexpensive marketing tool for entrepreneurs launching a startup or small business. If you provide multiple products or services, registering one or more DBAs can help you reach different market segments.
A DBA does not create a separate business entity and does not provide any liability protection. However, most banks require that you register a DBA before you can open a business bank account.
Two Types of DBAs in North Dakota
North Dakota is unusual because it has two kinds of DBAs: one for partnerships and the other for all other types of business entities. For partnerships, a DBA is called a “fictitious partnership name” or simply a “fictitious name.” For a sole proprietorship, corporation, or any other business that is not a partnership, a DBA is called a “trade name.” The procedures for filing a fictitious name and a trade name are similar but differ in a few details.
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Conduct a Name Search
Before you start your DBA filing, you must select an appropriate name. A trade name or fictitious partnership name cannot be the same as or “deceptively similar” to any other name that is registered or reserved with the North Dakota Secretary of State. An exception is if you file a Consent to Use Business Name form signed by the previous user of the name.
To check that your desired name is unique within the state, use North Dakota’s FirstStop portal to conduct a business search and a state trademark search. To find out if the name is available to register as a federal trademark, search the United States Patent and Trademark Office (USPTO) trademark database. To see if the name is available to use as a web domain name, you can use a search engine or the ICANN lookup tool to see if anyone is already using that domain.
Fulfill the North Dakota Requirements for DBAs
In addition to the requirement that your DBA name be unique within the state of North Dakota, the state has other restrictions on trade names and fictitious names.
A North Dakota trade name cannot include:
The company’s legal business name
The first and last name of each owner
The surname of each owner if it is repeated for multiple owners with the same last name
Similarly, a fictitious partnership name cannot include:
The first and last name of each partner
The surname of each partner, if it is repeated for multiple partners with the same last name
There are also restrictions on using business suffixes, such as LLC or Incorporated, unless they reflect the actual structure of the business.
Register the Trade Name or File the Fictitious Partnership Name Certificate
For a trade name, you will need to provide the following information during the filing process:
The trade name you want to register
The name and address of the business owner
The address of the principal place of business
For a corporation or limited liability company, the state or company where the business was incorporated or organized
A description of the nature of the business
For a partnership’s fictitious business name, you will need to provide:
The fictitious name you want to file
The full names and principal addresses of all the general partners
The address of the principal place of business
A description of the nature of the business
The fictitious name certificate must be signed by one or more of the general partners.
To register a trade name or file a fictitious name certificate, you should fill out a form online using the Secretary of State’s FirstStop portal. Use the trade name registration form or the partnership name certificate form, depending on your company’s business type. If you haven’t already registered for the North Dakota Online Services, you must register for an account and create an account login when you access either of the forms.
State fees for registering a trade name in North Dakota are $25. The cost for filing a fictitious partnership name is $25 for general partnerships with up to two partners (either individuals or entities) plus an additional $3 for each additional partner. The fee is $25 for limited partnerships, limited liability partnerships, limited liability limited partnerships, professional limited liability partnerships, and all out-of-state partnerships.
Your DBA will expire five years from the date of registration.
After You Register Your DBA
You will need to renew your trade name or fictitious name every five years. The North Dakota Secretary of State will send you a renewal form 60-90 days before the DBA expiration date. The cost for renewing trade names and fictitious names is $25. If you don’t renew the name within a year of expiration, the Secretary of State may destroy your DBA registration.
To cancel a trade or fictitious name, you should file a cancellation form in the FirstStop portal and include a $10 filing fee. If the person or legal entity that registered the DBA changes their name, they must record the change with the Secretary of State along with a $25 fee. They must also report a change of address in writing, but there is no filing fee for that. For a trade name, if there is a change in the nature of the business, you may submit an amendment to the registration for a $25 fee. For a fictitious name, if there is a change in the general partners, you must file a new certificate.
Frequently Asked Questions
Need Help With a North Dakota DBA?
A North Dakota business attorney can advise you on whether getting a DBA name is a good option for your business. Or you can let our trusted partner LegalZoom handle your name search and DBA application filing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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FindLaw's trusted partner, LegalZoom, provides a straightforward process to register your DBA. Join the millions who launched their businesses with LegalZoom.
DBA registration starts at $99 + filing fees.