How to File a DBA in North Dakota
In North Dakota a DBA is a trade name registered with the Secretary of State for $25, good for five years, with no newspaper publication. Attorney review available.
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Introduction
A North Dakota DBA is a trade name that stays valid for five years before it must be renewed, a filing that lets a person or business use a name different from the owner's legal name and that creates no separate legal entity. North Dakota registers trade names with the state, not the county. A person or organization may not do business in North Dakota under a trade name until the trade name is registered with the North Dakota Secretary of State, and you can file online through the FirstStop portal (N.D.C.C. 47-25-02). The original registration fee is twenty-five dollars (N.D.C.C. 47-25-04). North Dakota does not require you to publish a notice of the trade name in a newspaper, so there is no publication step and no proof of publication to file. A North Dakota trade name registration remains in force for five years from the date of the original registration, and you renew it by re-registering within ninety days before it expires, paying the same twenty-five dollar fee (N.D.C.C. 47-25-04). Registering a trade 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, though North Dakota will refuse a trade name that is not distinguishable from a name already on file (N.D.C.C. 47-25-03). The trade name also may not contain a word such as Company, Corporation, Incorporated, or Limited unless the owner is in fact that type of entity. DocDraft builds your North Dakota trade name registration statement from your facts, with attorney review available before you file.
Key Things to Know
- 1
A North Dakota trade name, which is what a DBA is called here, stays on the state register for five years at a time. It is a public registration that lets you use a business name different from the owner's legal name, and it creates no separate legal entity.
- 2
You register the trade name with the North Dakota Secretary of State, a statewide filing, not a county filing, and you can file online through the FirstStop portal (N.D.C.C. 47-25-02).
- 3
The original registration fee is twenty-five dollars paid to the Secretary of State (N.D.C.C. 47-25-04). Confirm the current amount on the Secretary of State FirstStop portal before you file.
- 4
North Dakota does not require newspaper publication of a trade name. There is no publication step and no affidavit or proof of publication to file after you register.
- 5
A North Dakota trade name registration remains in force for five years from the date of the original registration, and you renew it by re-registering within ninety days before it expires (N.D.C.C. 47-25-04).
- 6
A trade name does not give you a separate legal entity, does not limit your liability, and does not grant a trademark or an exclusive right to the name. A sole proprietor with a trade name is still personally responsible for the business.
- 7
The trade name must be distinguishable from a name already on file, and it may not contain a word such as Company, Corporation, Incorporated, or Limited unless the owner is that type of entity (N.D.C.C. 47-25-03).
Key decisions before you file
Before you file a DBA (Doing Business As) in North Dakota, 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 Dakota Requirements for DBA (Doing Business As)
Register With the Secretary of State
In North Dakota a DBA is a trade name registered with the North Dakota Secretary of State, a statewide filing rather than a county filing, and it can be filed online through the FirstStop portal (N.D.C.C. 47-25-02). A person may not do business under the trade name until it is registered.
Original Registration Fee
The registrant pays the North Dakota Secretary of State a fee of twenty-five dollars for an original registration (N.D.C.C. 47-25-04). Confirm the current amount on the Secretary of State FirstStop portal before you file.
The Trade Name
The exact trade name to register. It must be distinguishable from a name already on file and may not contain a word such as Company, Corporation, Incorporated, or Limited unless the owner is that type of entity (N.D.C.C. 47-25-03).
Owner and Business Details
The full legal name and address of the owner, the type of owner, the state of incorporation or organization for an entity, the principal place of business, and the nature of the business in detail (N.D.C.C. 47-25-02).
No Newspaper Publication
North Dakota does not require newspaper publication of a trade name. There is no publication step and no affidavit or proof of publication to file after you register with the Secretary of State.
Five-Year Term and Renewal
A North Dakota trade name registration remains in force for five years from the date of the original registration, and the owner renews it by re-registering within ninety days before it expires (N.D.C.C. 47-25-04). Track the expiration so the registration does not lapse.
No Entity, No Trademark, No Liability Shield
A North Dakota trade name is only a name registration. It creates no separate legal entity, does not limit the personal liability of a sole proprietor or general partner, and is not a trademark granting a broad exclusive right to the name.
When a Trade Name Is Required
You register a trade name when you do business under a name that does not include the true name of the organization or the first name and surname of each individual owner (N.D.C.C. 47-25-01). Registration also lets you sue another person who later uses the name.