If you’re planning to start a business in North Dakota under a name other than your own, you will need to register for a business name. Business name registration is commonly referred to as a North Dakota DBA or “Doing Business As,” but is officially called a Trade Name.
To see if you need to register for a North Dakota Trade Name and steps on how to register, check out our guide.
Related: Starting A Business In North Dakota Checklist
Who needs to register for a North Dakota Trade Name?
The requirements and need to register for a Trade Name vary depending on the type of business structure, and more information is provided in North Dakota state statutes.1
Sole proprietorships and general partnerships are the most common business structures for registering for a North Dakota DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name. The small business owner must complete the Trade Name registration if they want to operate under a specific name.
The legal name of a sole proprietor or partnership can be the owner’s full first and last name, which can be used without registering. For example, if Shelia Smith starts a business sharpening knives but doesn’t use a business name, she doesn’t have to register. However, if Shelia decides to name her business Shelia’s Sharpening Services, she needs to register.
Related: How To Start A Sole Proprietorship In North Dakota
A corporation and Limited Liability Company won’t typically register for a North Dakota DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a North Dakota corporation or Limited Liability Company without forming another entity.
Steps to Register a North Dakota Trade Name?
Step 1: Verify Name Availability
A business may not register a name that is the same or similar to another business in North Dakota unless the current name holder agrees. If the name is being used or is similar to another registered name, a “consent to use of name” can be requested from the currently registered business. There is a $10 filing fee that applies.
To find out if the name you want is available, you can do a North Dakota business name search on the North Dakota Secretary of State’s website.
Step 2: Fill out the Trade Name Form
To register, file online through the Secretary of State’s FirstStop website or download the Trade Name Registration Form (SFN-13401).
Questions on the form ask for:
- Trade Name to be registered
- Address of the principal place of business
- What the business does
- Type of business entity
- The name, Social Security Number, and address of the owner(s)
Step 3: Submit the Form
Submit the filing fee and form. If filing by mail, send to:
Secretary of State
State of North Dakota
606 E Boulevard Avenue Dept 108
Bismarck, ND 58505-0500
or by fax to: 701-328-2992
If you have questions about the process, you can contact the Secretary of State at 800-352-0867 (option 3)
North Dakota DBA FAQs
How much does a North Dakota Trade Name cost?
The filing fee to register a Trade Name in North Dakota is $25.
A Trade Name must be renewed every five years from the initial registration date to remain active.
Are there any naming restrictions when filing a North Dakota DBA?
DBAs can’t be registered using words related to banking unless the business is licensed to provide those services.
Also, a name can’t include entity designators such as Incorporation, Corp, Limited Liability Company, LLC, etc.
Can someone use my business name after I register the Trade Name?
While registering your Trade Name will keep someone else from registering the same name in North Dakota, it does very little to stop someone else from operating that business name in other states. If stopping others from using your business name is important, you can protect it through a trademark.
Related: How to trademark a business name
Does a DBA need an EIN?
An EIN or Employer Identification Number is a unique nine-digit number that some businesses will register for through the Internal Revenue Department (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business with employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
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