Why do you need to do a business entity search?

Your business name is a crucial step in establishing your entity. To ensure you have something unique, you’ll need to conduct a business entity search before you start an LLC in North Dakota.

A business entity search is when you seek information on an organization or company registered in your state. You’ll use it to determine if your selected business name is legally available in the state of North Dakota.

North Dakota state naming guidelines

While selecting the right business name for your North Dakota LLC involves considerable thought and creativity, you also need to be sure it complies with state guidelines. If not, the North Dakota State Department may refuse your application. For an LLC, the naming requirements in North Dakota include the following.

Uniqueness: Your business name must be unique in that it is unlike (in exactness or confusing similarity) any other registered or reserved business name within the state. You can determine this by conducting a business entity search on the North Dakota Secretary of State’s database.

Required inclusion: Include “limited liability company” or LLC in the name.

Avoidance of certain words or phrases: Certain words and phrases must be avoided when naming your North Dakota business. Guidelines include:

• May not include words that indicate that the limited liability company is organized for some purpose other than one that is lawful or as stated in the articles of incorporation.
• No part of the name can be confusingly similar with a government agency. (e.g., Treasury, FBI, etc.)
• Unless your North Dakota business receives approval by the Department of Financial Institutions, you cannot use words relating to banking, bank, bankers, trusts, or other similar terms.

Conducting a business name search in North Dakota: Step-by-step guide with tips

The process for conducting a business name search in North Dakota can be a little confusing at first. Here are some tips to help you get started on the North Dakota Secretary of State’s database.

1. Navigate to the Business Entity Search screen. Click on the blue Business Name Registration button. This will take you to the search screen where you can enter an entity name.

2. Determine if you wish to conduct a basic search or one where you can apply certain filters. For the basic search, simply enter in a North Dakota entity name and click the search button (magnifying glass icon). To apply filters, click on the “Advanced” drop down. Here, you can choose your filters, including “contains” or “starts with.” You can also search on active business entities only.

3. Review the results. Your search will bring up results listed in a table with information contained in columns. Review these closely.

If your selected business name appears in the table or there is one you want to learn more about, click on it to determine if it is an active entity.

A right-side panel will open, providing you with additional details of that business, including:

• Filing Type (e.g., LLC)
• Status (active, inactive)
• Date Inactive (if applicable)
• Owner Name and Address
• Nature of that Business
• Duration
• Initial Filing Date
• Expiration Date
• Principal and Mailing Addresses

In addition, you have the option to review the filing history of that entity.

If the name you chose for your LLC is already registered, you will need to come up with a different one, then conduct another search to be sure it is not already taken.

You can use this process to search for fictitious names or DBAs (doing business) as well.

What can you do once you have an available business name?

After conducting a business entity search and determining that your selected business name is available, you will want to take steps to formally register it in North Dakota.

If you are not ready or do not have everything in place yet to form your LLC, you can still reserve that business name. By doing so, you give yourself the time needed to determine if the domain name is available and to consider filing for a trademark.

Consider name reservation

Reserve the selected business name for up to one year by filing a Reserved Name Application within the forms section of North Dakota’s FirstStop Portal. The fee to do so is $10.

Consider trademarking your name

Consider taking a protective measure, such as trademarking the name, slogan, or logo of your business. To do so:

• Conduct a trademark availability search via the USPTO (US Patent and Trademark Office) database.
• If available, register (or reserve) your LLC business name with the North Dakota Department of State first.
• Apply for the trademark via the USTPO online application process.

Consider domain registration

To complete your initial business and branding approach, consider domain registration. Ideally, you will want your domain to match your business name (or DBA).

Start by determining if that domain is available. One way to do so is by searching on domain registration sites (e.g., GoDaddy).

Check all social media platforms you intend to use to determine if the domain is available there. (For this, you can use online tools such as Namechk).

Conclusion

Once you select a name for your business, your next step is to determine whether that name is available for registration. For this, you need to conduct a name search on the North Dakota Secretary of State’s Business Entity Search database.

If you find that the name is available, you will want to register with the State and also consider getting a domain and filing for trademark protection.

In cases where the name is already in use by another, you will need to alter the name sufficiently or come up with another one altogether.

It is essential to always keep in mind the importance of the right name for your business, so taking the time to do it right now will benefit you long into the future.

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