Are you a North Dakota business owner who wants to be able to operate your company under an assumed name? If so, consider acquiring a doing business as (DBA) name.
How do you obtain a DBA name for your North Dakota company, and how are you allowed to use your new name? In this guide, we’ll walk through every detail of the DBA acquisition process in this state.
Rocket Tip: It’s important to understand that a DBA does not offer limited liability protection as the LLC does. The LLC is the most popular entity for small businesses and is easy to set up – by doing it yourself or hiring an LLC website.
What is a North Dakota DBA?
For sole proprietorships and general partnerships, a DBA enables you to use a name other than the owner’s personal name. For limited liability companies and corporations, DBAs allow you to use multiple names to officially refer to your business activities.
There are many different reasons for North Dakota companies to acquire ‘doing business as’ names.
- For sole proprietorships and partnerships, they can make your company sound more professional than simply using your own name. You can also open a bank account using your DBA, which can not only help you keep your business and personal assets separate, but customers often have a higher comfort level writing out a check to a business name rather than to an individual’s personal name.
- For corporations and LLCs, DBAs are frequently used to give the company the option of using different names for separate product lines. Another common usage of a DBA is to distinguish satellite businesses from your main company. Restaurant owners love to do this, as for example it can help a fine-dining establishment open a fast-casual spin-off restaurant without affecting customers’ perceptions of the original location. Whether you want to create this separation for marketing or accounting purposes (or both), a doing business as name gives companies options that they wouldn’t otherwise have.
In short, a DBA in North Dakota allows businesses to communicate their image and express themselves in different ways without having to actually form a new business to do so.
How Do I File a North Dakota DBA?
In North Dakota, the process for getting a DBA, also known as a “Trade Name,” is rather simple. The first step is to run a business records search with the North Dakota Secretary of State, which you can do at this link.
This ensures that your desired business name is available, and hasn’t already been claimed by another business in the state.
You will then need to fill out the Trade Name Registration, which requires some important information about your company, including: Secretary of State State of North Dakota
600 E Boulevard Avenue, Dept. 108
Bismarck ND 58505-0500
Once you finish filling out this form, you’ll need to include a check for $25 made payable to the “Secretary of State.” Then, you can mail the form and the check to the Secretary of State’s office at this address:
How Long Does a North Dakota DBA Last?
North Dakota DBAs have an effective lifespan of five years from the date they were filed with the Secretary of State. If you would like to continue using your DBA beyond the five-year point, you must file for renewal with the Secretary of State’s office. The Secretary of State will send the necessary paperwork at least 90 days prior to your DBA’s expiration. Each time you file a renewal, the state of North Dakota will renew your DBA for an additional five-year period.
Should I Hire a Professional DBA Filing Service?
If you’d rather not fill out the paperwork and register for a DBA yourself, there are plenty of reputable companies offering a service. For a fee, these services will assemble the relevant paperwork and submit it to your state, and all you have to do is supply them with some basic information.
While hiring a DBA service can save you some time, there are probably better ways to use your budget. In other states, the process can be more complicated, but the process for obtaining a North Dakota DBA is simple, so many business owners choose to save the extra money and file the paperwork themselves. That said, if you’re just too busy to handle any more tasks, most service providers (Ex: LegalZoom) charge a fair rate for this service.
Conclusion
The doing business as name, or DBA for short, is one of the most simple business filings for North Dakota entrepreneurs. The process to acquire one is quite straightforward, and you can begin using your new assumed name as soon as the state completes your filing.
We hope this article answered your questions about how to file a North Dakota; DBA!
Frequently Asked Questions
Q: Does a DBA provide any legal protections?
A: No, registering a DBA does not legally protect you or your business. If you’re seeking personal asset protection, you might want to look into forming a corporation or a limited liability company rather than just acquiring a DBA name.
Q: Does a DBA need a registered agent?
A: A registered agent is not a legal requirement for sole proprietorships or general partnerships that acquire DBA names. However, limited liability companies and corporations do require a registered agent whether they have a DBA or not.
Q: Can someone else register a business using the same name as my DBA?
A: Filing a DBA does not give your business exclusive rights to your assumed name. If someone wants to use the same name, and they form an LLC or corporation with it, they are legally allowed to take your name for themselves.
Q: Does the state of North Dakota require publication of a DBA name?
A: No, publication of DBA registration is not required in North Dakota.