How to File a DBA in North Carolina
In North Carolina a DBA is an Assumed Business Name Certificate filed with the register of deeds; one filing covers every county and no newspaper publication is required. Attorney review available.
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Introduction
A single Assumed Business Name Certificate, filed with the register of deeds in one county, is all North Carolina requires for a DBA, the public filing that lets a person or business use a name different from the owner's legal name. Filing an assumed business name creates no separate legal entity, does not shield the owner from liability, and gives no trademark or exclusive right to the name. You file an Assumed Business Name Certificate with the register of deeds of a county where you do business; if you do business in more than one county, you file in only one of them (N.C.G.S. 66-71.4). Within 30 days the register of deeds transmits the certificate to the Secretary of State and enters it in a central statewide database, so one filing gives public notice across every county you list (N.C.G.S. 66-71.10). The register of deeds records the certificate at North Carolina's statewide recording fee for instruments in general, which is $26 for the first 15 pages plus $4 for each additional page (N.C.G.S. 161-10). North Carolina does not require you to publish the assumed business name in a newspaper. An Assumed Business Name Certificate is effective upon filing and remains in effect until you withdraw it, so there is no periodic renewal (N.C.G.S. 66-71.12); if the name, an owner, or an address changes, you file an amendment. DocDraft builds your North Carolina assumed business name certificate from your facts, with attorney review available before you file.
Key Things to Know
- 1
North Carolina calls a DBA an assumed business name and records it once with a county register of deeds. As a public registration it lets you use a business name different from the owner's legal name, and it creates no separate legal entity.
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You file an Assumed Business Name Certificate with the register of deeds of a county where you do business (N.C.G.S. 66-71.4). If you do business in more than one county, you file in only one of them.
- 3
Within 30 days the register of deeds sends the certificate to the Secretary of State and enters it in a central statewide database, so one filing gives public notice across every county you list on the certificate (N.C.G.S. 66-71.10).
- 4
The register of deeds records the certificate at North Carolina's statewide recording fee for instruments in general, which is $26 for the first 15 pages plus $4 for each additional page (N.C.G.S. 161-10). Confirm the current amount with your register of deeds.
- 5
North Carolina does not require you to publish the assumed business name in a newspaper. There is no notice-of-filing publication step and no affidavit of publication.
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An Assumed Business Name Certificate is effective when filed and remains in effect until you withdraw it, so there is no periodic renewal or expiration (N.C.G.S. 66-71.12). File an amendment if the name, an owner, or an address changes.
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A DBA does not give you any ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with an assumed business name is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in North Carolina, 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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North Carolina Requirements for DBA (Doing Business As)
In North Carolina a DBA is an Assumed Business Name Certificate filed with the register of deeds of a county where the business operates, not with the state (N.C.G.S. 66-71.4). If the business is in more than one county, you file in only one of them.
Within 30 days the register of deeds transmits the certificate to the Secretary of State and enters it in a central statewide database, so one filing gives public notice in every county listed on the certificate (N.C.G.S. 66-71.10).
The register of deeds records the certificate at the statewide North Carolina recording fee for instruments in general, which is 26 dollars for the first 15 pages plus 4 dollars for each additional page (N.C.G.S. 161-10). Confirm the current amount with the register of deeds.
The exact assumed name to register. A filing is required when you regularly do business under a name different from your own legal name or your registered company name.
The real legal name and address of each person or entity engaging in business under the assumed name. For a partnership, each partner is listed as a registrant on the certificate.
The principal place of business address and the counties where the business operates under the assumed name. The certificate is effective in each county listed even though you file in only one.
North Carolina does not require you to publish the assumed business name in a newspaper. There is no notice-of-filing publication and no affidavit of publication step.
The certificate is effective on filing and stays in effect until withdrawn, so there is no periodic renewal (N.C.G.S. 66-71.12). A DBA creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit personal liability.
Frequently Asked Questions
In North Carolina a DBA is an assumed business name, a public filing that lets a person or company do business under a name different from the owner's legal name. You register it by filing an Assumed Business Name Certificate with the register of deeds of a county where you do business (N.C.G.S. 66-71.4). It connects the name to you on the public record. It does not create a separate legal entity, protect the name, or limit your liability.
In North Carolina a DBA (assumed business name) is only a name registration you file with the register of deeds; it creates no new entity and gives no liability protection. A North Carolina LLC is a separate legal entity you form by filing Articles of Organization with the Secretary of State, and it shields the owners' personal assets. You can have both, since an existing LLC can file an assumed business name to run a brand under another name. Choose based on whether you need liability protection or just a name.
You file an Assumed Business Name Certificate with the register of deeds of a county where you do business, not with the state (N.C.G.S. 66-71.4). The register of deeds records it at North Carolina's statewide recording fee for instruments in general, which is $26 for the first 15 pages plus $4 for each additional page (N.C.G.S. 161-10). Confirm the current amount with your register of deeds before you file.
No. North Carolina does not require you to publish an assumed business name in a newspaper. After the register of deeds records your Assumed Business Name Certificate, it transmits the certificate to the Secretary of State for the central statewide database (N.C.G.S. 66-71.10). There is no separate newspaper notice or affidavit of publication step to complete.
An Assumed Business Name Certificate in North Carolina is effective when it is filed and remains in effect until you withdraw it, so there is no fixed term and no periodic renewal (N.C.G.S. 66-71.12). If the assumed name, an owner, or an address changes, you file an amendment with the register of deeds rather than renewing. Certificates filed before December 1, 2017 expired on December 1, 2022 and had to be refiled under the current law.
In most cases, yes. If you do business in more than one North Carolina county, you file the Assumed Business Name Certificate in only one county and list the other counties on it (N.C.G.S. 66-71.4). Within 30 days the register of deeds enters the certificate in a central statewide database kept by the Secretary of State, so a single filing gives public notice statewide (N.C.G.S. 66-71.10).
No. A North Carolina Assumed Business Name Certificate is a public record connecting a name to the person using it, but it gives no ownership of or exclusive right to the name, so another business could use a similar name. It also creates no separate legal entity, so a sole proprietor filing an assumed business name remains personally liable. For exclusive name rights you would seek a trademark, and for liability protection you would form an LLC or corporation.
You generally need an Assumed Business Name Certificate in North Carolina when you regularly do business under a name that is different from your own legal name or your company's registered legal name (N.C.G.S. 66-71.4). Filing puts the real owners of the assumed name on the public record. A sole proprietor, a partnership, an LLC, or a corporation can all file when they operate under a different brand name.