How to File a DBA in Minnesota
In Minnesota a DBA is a Certificate of Assumed Name filed with the Secretary of State, then published in a county newspaper for two issues. Attorney review available.
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Introduction
Minnesota still requires newspaper publication for a DBA, which it calls a Certificate of Assumed Name: the public filing that lets a person or business use a name different from the owner's legal name, and it creates no separate legal entity. Unlike some states, Minnesota does not register assumed names at the county level. You file the Certificate of Assumed Name statewide with the Minnesota Secretary of State, setting out the assumed name, the business address, and the true name and address of every person conducting the business (Minn. Stat. 333.01). The filing fee is $30 for each assumed name filing, and expedited or online service adds a $20 surcharge, so filing online costs $50 (Minn. Stat. 333.055 and 5.14). Filing an assumed name does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. After you file, Minnesota requires you to publish the certificate in a qualified newspaper in the county where you have your principal or registered office for two successive issues (Minn. Stat. 333.01). A Minnesota Certificate of Assumed Name is effective when it is filed and stays in effect as long as you file an annual renewal in each calendar year; there is no fee for the annual renewal, and the certificate expires in the year after a calendar year in which you did not renew (Minn. Stat. 333.055). DocDraft builds your Minnesota certificate of assumed name from your facts, with attorney review available before you file.
Key Things to Know
- 1
Registered statewide with the Minnesota Secretary of State rather than a county, a DBA here is called a Certificate of Assumed Name: a public registration that lets you conduct business under a name that does not state the true name of every owner, and it creates no separate legal entity.
- 2
You file the Certificate of Assumed Name statewide with the Minnesota Secretary of State, not with a county (Minn. Stat. 333.01). The certificate sets out the assumed name, the business address, and the true name and address of each person conducting the business.
- 3
The filing fee is $30 for each assumed name filing (Minn. Stat. 333.055). Expedited or online service adds a $20 surcharge (Minn. Stat. 5.14), so filing online costs $50. There is no fee for the annual renewal.
- 4
After filing, Minnesota requires you to publish the certificate in a qualified newspaper in the county of your principal or registered office for two successive issues (Minn. Stat. 333.01).
- 5
A Minnesota Certificate of Assumed Name is effective when filed and stays in effect as long as you file an annual renewal in each calendar year. No fee is charged for the renewal, so the name is perpetual as long as you keep renewing (Minn. Stat. 333.055).
- 6
A DBA does not give you ownership of or an exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed name is still personally responsible for the business.
- 7
You must file a Certificate of Assumed Name in Minnesota when you conduct a commercial business under a name that does not set forth the true name of every person interested in the business (Minn. Stat. 333.01).
Key decisions before you file
Before you file a DBA (Doing Business As) in Minnesota, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Minnesota Requirements for DBA (Doing Business As)
File With the Secretary of State
In Minnesota a DBA is a Certificate of Assumed Name filed statewide with the Minnesota Secretary of State, not with a county (Minn. Stat. 333.01). The certificate sets out the assumed name, the business address, and the true name and address of each person conducting the business.
Statewide Fee
The Secretary of State charges 30 dollars for each assumed name filing (Minn. Stat. 333.055). Expedited or online service adds a 20 dollar surcharge (Minn. Stat. 5.14), so filing online costs 50 dollars. No fee is charged for the annual renewal.
The Assumed Name
The exact assumed name to register. A filing is required when the name does not set forth the true name of every person interested in the business, and the name must not imply a corporation or LLC unless the filer is that type of entity.
Nameholders and Owners
The true legal name and complete address of each person conducting business under the assumed name. Every owner is listed, and one of the persons conducting the business signs the certificate.
Principal Place of Business
The business address and the county of the principal or registered office. That county sets where the certificate must be published after it is filed with the Secretary of State.
Newspaper Publication
After filing, publish the certificate in a qualified newspaper in the county of the principal or registered office for two successive issues (Minn. Stat. 333.01). Keep proof of publication with the business records.
Annual Renewal
A Minnesota Certificate of Assumed Name is effective when filed and stays in effect as long as an annual renewal is filed each calendar year, with no renewal fee (Minn. Stat. 333.055). It expires the year after a year the renewal was skipped and may be reinstated with a 25 dollar fee.
No Entity, No Trademark, No Liability Shield
A Minnesota DBA is only a name registration. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or partner.