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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. 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. 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. 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. 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. 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. 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. 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.

Open the DBA (Doing Business As) guide

Customize your DBA (Doing Business As) Template with DocDraft

TRADE NAME REGISTRATION STATEMENT (NORTH DAKOTA DBA) (Filed with the North Dakota Secretary of State under North Dakota Century Code chapter 47-25)

This statement registers a trade name, commonly called a DBA, under which the owner named below will do business in North Dakota. It is filed with the North Dakota Secretary of State, a statewide filing, and may be submitted online through the FirstStop portal. A person or organization may not do business under a trade name in North Dakota until the trade name is registered with the Secretary of State.

  1. Trade Name. The trade name being registered is [TRADE NAME]. It must be distinguishable from a name already on file, and it may not include a word such as Company, Corporation, Incorporated, Limited, or Limited Liability Company unless the owner is in fact that type of entity.

  2. Owner. The full legal name of the owner is [OWNER LEGAL NAME], with address [OWNER ADDRESS]. The owner is [an individual / a general partnership / a limited liability company / a corporation / other]. If the owner is an entity, its state or country of incorporation or organization is [STATE OR COUNTRY].

  3. Principal Place of Business. The address of the principal place of business is [STREET ADDRESS, CITY, ND ZIP].

  4. Nature of Business. The nature of the business conducted under the trade name, described in detail, is [DESCRIBE THE BUSINESS].

  5. Filing and Fee. The owner files this statement with the North Dakota Secretary of State and pays an original registration fee of twenty-five dollars (N.D.C.C. 47-25-04). The current amount should be confirmed on the Secretary of State FirstStop portal before filing.

  6. Publication. North Dakota does not require newspaper publication of a trade name. There is no publication step and no affidavit of publication to file after registration.

  7. Term and Renewal. This registration remains in force for five years from the date of the original registration. The owner renews it by re-registering in the same manner as an original registration within ninety days before it expires (N.D.C.C. 47-25-04).

  8. What This Filing Does Not Do. Registering a trade name 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.

  9. Declaration. The owner declares that the information in this statement is true and executes it as required by the Secretary of State.

Dated: ____________

[OWNER SIGNATURE] [PRINTED NAME AND TITLE]

Note: This North Dakota statement follows North Dakota Century Code chapter 47-25. The Secretary of State prescribes the form, the fee and five-year term are set by state law, and North Dakota requires no newspaper publication. For other states and the generic template, see the DBA (Doing Business As) hub.

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.

Frequently Asked Questions

In North Dakota a DBA is a trade 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 a trade name registration with the North Dakota Secretary of State, and you can file online through the FirstStop portal (N.D.C.C. 47-25-02). 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 Dakota a DBA (trade name) is only a name registration you file with the Secretary of State; it creates no new entity and gives no liability protection. A North Dakota 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 register a trade name to run a brand under another name. Choose based on whether you need liability protection or just a name.

You register the trade name with the North Dakota Secretary of State, a statewide filing rather than a county filing, and you can file online through the FirstStop portal (N.D.C.C. 47-25-02). The registrant pays the Secretary of State a fee of twenty-five dollars for an original registration (N.D.C.C. 47-25-04). Because fees can change, confirm the current amount on the Secretary of State FirstStop portal before you submit.

No. North Dakota does not require newspaper publication of a trade name. Chapter 47-25 of the North Dakota Century Code, which governs trade names, sets no publication step, so after you register with the Secretary of State there is no notice to publish and no affidavit or proof of publication to file. This is different from states that require weeks of newspaper notice after filing.

A North Dakota trade name registration remains in force for five years from the date of the original registration (N.D.C.C. 47-25-04). You renew it by re-registering in the same manner as an original registration within ninety days before it expires, paying the twenty-five dollar fee again. The Secretary of State notifies the registrant before expiration, but track the five-year date yourself so your registration does not lapse.

You generally need a North Dakota trade name registration 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). A person or organization may not engage in business in North Dakota under a trade name until it is registered with the Secretary of State, and registering also lets you sue to stop another person from using the name.

Only in a limited way. A North Dakota trade name must be distinguishable from a name already on file, and once registered you may sue another person who later uses the name (N.D.C.C. 47-25-01), but it is not a trademark and gives no broad exclusive right. It also creates no separate legal entity, so a sole proprietor with a trade name remains personally liable. For liability protection you would form an LLC or corporation.

Yes. In North Dakota an organization such as an LLC or corporation registers a trade name when it does business under a name that does not include its true registered name (N.D.C.C. 47-25-01). The registration statement lists the trade name, the name and address of the owner, the state of incorporation or organization for an entity, the principal place of business, and the nature of the business (N.D.C.C. 47-25-02).