Doing business under a different name requires a DBA application in most states. Find out more about DBAs in North Dakota, including details on how they can help your business, how to get one, and more.
What's your DBA name?
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by Sam Eichner
Updated on: June 12, 2024 · 2 min read
If a business wants to do business with a name that is different from the name used to form the business, it must file the new name (called a trade name). This is often called filing for a DBA, or doing business as. For example, if “Frank’s Hot Dogs LLC” wants to do business as “Best Hot Dogs in Town” then the owners have to file a DBA.
North Dakota law requires any business operating under an assumed name, trade name, or a name different from its legal name, to formally file for a DBA designation.
Even though it is the law, there are great reasons to file for a DBA anyway. A DBA allows you to open a bank account in the other trade name, recieve payment to the other name, and assists with filing for a federal trademark.
The DBA filing process begins with an name search, to see if the name you want to use is already registered. The search can be conducted here.
When selecting a name it is important for businesses to avoid names that are confusingly similar to those already registered in North Dakota. Furthermore, businesses should avoid using a name that misrepresents the nature of the business, or which purports to be a governmental or quasi-governmental organization of some kind.
Filers for a North Dakota DBA can go here to fill out the relevant form. That said, a general partnership, limited partnership, limited liability partnership, and limited liability limited partnership will be required by law to complete a Fictitious Name Certificate instead, which can be found by contacting the Secretary of State.
Filers for a DBA in North Dakota will need to provide their name, the principal place of business, the trade name to be used in the dBA, and the general nature of the business.
A federal tax ID or the social security number of the owner or owners will also need to be provided. For additional instructions, filers should carefully read the instructions appended to the form linked above.
Getting a trade name registered by filing a DBA doesn’t change how your company is taxed.
When you are ready to get a DBA, LegalZoom can help. We can help you search for a business name, file the paperwork, register for a trademark, and even get you in touch with a business attorney to answer specific questions about your business.
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