North Dakota DBA Registration Guide

A

DBA

(Doing Business As), known as a

trade name

in North Dakota, allows businesses to operate under a name different from their legal entity name. This registration is essential for opening bank accounts, signing contracts, and building brand identity while complying with state laws.

Understanding Trade Names in North Dakota

North Dakota requires any individual or entity conducting business under an assumed name to register it with the state. This applies to sole proprietors using a brand name, partnerships branding services separately, or corporations/LLCs adding product lines under distinct names. Registration grants exclusive statewide use of the name and prevents public confusion.

Key distinctions: A trade name is not a legal entity—it offers no liability protection. For asset shielding, form an LLC or corporation alongside the DBA. Franchises must file a special Franchise Name Disclosure form before using brand names.

Who Needs to Register a Trade Name?

• Sole Proprietors: Operate as “Prairie Designs” instead of personal name for client-facing work and banking.
• Partnerships: Use descriptive names like “Red River Repairs” for joint ventures.
• LLCs/Corporations: Add divisions, e.g., “Peak Auto LLC” registers “Peak Detailing Services”; or drop suffixes like operating “Peak Auto” without “LLC.”
• Franchise Owners: Disclose franchise affiliation for branded operations.

Business licenses are separate and mandatory for all operations, unlike DBAs which are name-specific. All companies must register trade names with the Secretary of State before obtaining licenses.

Choosing and Verifying Your Business Name

Select a unique name adhering to North Dakota Century Code § 47-25-03. Prohibited elements include deceptive similarity to existing names or unauthorized entity indicators (e.g., sole props can’t use “LLC” or “Inc.”).

Steps to Check Name Availability

1. Search the North Dakota Business Search database via the Secretary of State’s site for state-level conflicts.
2. Conduct a federal trademark search to avoid national infringements.
3. Verify domain availability and social media handles for branding consistency.

Allowed Examples	Prohibited Examples
“Bakken Brews” (for coffee shop)	“Bakken Brews LLC” (if sole prop)
“Roughrider Repairs”	“Delta Airlines ND” (deceptively similar)
“Fargo Fitness Pros”	“CorpFit Inc.” (false entity type)

Avoid finalizing logos or marketing until approval to prevent wasted resources.

Step-by-Step Filing Process

Registrations occur through the North Dakota FirstStop portal or by mail/fax to the Secretary of State. File in the county of your principal business location if specified locally, though state-level handles primary trade names.

Required Information

• Proposed trade name.
• Principal place of business address and mailing address.
• Business nature (e.g., “retail bakery”).
• Organization date.
• Owner(s) details: name, SSN, address, phone, email.
• Entity type (sole prop, LLC, etc.).
• Signature and date.

For franchises, complete the Franchise Name Disclosure section.

Submission Options

• Online: Via FirstStop.sos.nd.gov – fastest method.
• Mail: North Dakota Secretary of State, 600 E. Boulevard Ave., Dept. 108, Bismarck, ND 58505-0500.
• Fax: Include credit card authorization (page 3 of form).

Fee: $25, payable to North Dakota Secretary of State. Processing: 3-5 business days.

Duration and Renewal Procedures

Trade names are valid for

5 years

from registration date. The Secretary of State mails renewal forms ~60 days prior to expiration. Submit the completed form with $25 fee by mail; no online renewal option noted.

Miss the deadline? File a new registration form—lapsed names become available to others.

Modifying or Canceling a Trade Name

Updates require canceling the existing DBA and filing a new one—no amendments allowed. Cancellations are free but must be filed formally. Businesses can hold unlimited DBAs, each requiring separate $25 filings.

DBA vs. Formal Business Structures

Aspect	DBA/Trade Name	LLC/Corporation
Liability Protection	No—personal assets at risk	Yes—separates business/personal
Cost	$25/5 years	$135+ formation + annual reports
Taxes	Use legal name/EIN	Pass-through or corporate
Multiple Names	Unlimited DBAs	DBAs needed for extras
Duration	5 years, renewable	Perpetual

DBAs complement entities but don’t replace them. No separate EIN needed for DBAs—use your existing one.

Common Pitfalls and Pro Tips

• Franchise Special Rule: Always file Franchise Disclosure first.
• County Variations: Confirm local requirements beyond state filing.
• No Asset Protection: Pair with LLC for lawsuits.
• Post-Approval: Update banks, vendors, and marketing immediately.
• Services: Consider agents for form handling, name checks, and compliance.

Frequently Asked Questions

How long does North Dakota DBA approval take?

Typically 3-5 business days after submission.

Can I register multiple trade names?

Yes, unlimited—each costs $25 and follows the same process.

Does a DBA require a new EIN?

No, use your business’s existing EIN or SSN.

What if my DBA expires?

Renew 60 days early via mailed form; otherwise, refile anew.

Is county filing required alongside state?

State handles trade names; check county for principal location specifics.

Can sole proprietors use entity words like “LLC”?

No—prohibited to avoid misleading the public.