How to File a DBA in North Dakota

The right business name is essential for growing your business. Whether you’re a local plumber looking to get started, a legal firm serving the state, or a regional food franchise, having the right to exclusively use your business’s name is essential for developing a brand.

One way to secure a business name is by registering an LLC or other corporation, but that’s not the only option. At times, it’s better to use a DBA for securing a business’s name. Here’s how to file a DBA in North Dakota, should you determine that this is the best option for your business.

What is a DBA?

A DBA (Doing Business As) allows your business to use a name other than what the business is officially registered as.

A DBA becomes an official name that’s exclusive to your business, which you can use for marketing, advertising, registering bank accounts, and most other business activities. It’s just not the official name that you’ll file business taxes under, but is effectively your business’s name for most purposes.

This is an option that’s available to all businesses in North Dakota. Sole proprietors might use a DBA instead of their personal name, LLCs might use a DBA so they can avoid advertising “LLC,” larger businesses might have multiple DBAs for various operations, and there are any number of other reasons why you might want to be “doing business as.”

In filing for a DBA, none of these businesses are creating an officially separate business entity. They’re simply registering a different name that they can use within the state.

Types of North Dakota DBAs

North Dakota technically doesn’t use “DBA” or “Doing Business As” on official paperwork. Instead, you’ll file one of three name types depending on your business structure:

• Trade name: “Trade name” is an alternative term for DBA that many states use, and North Dakota is one of those states. If you’re a typical business that needs a DBA, you’ll file for a North Dakota trade name.
• Fictitious name: North Dakota uses the term “fictitious name” for partnerships that want a DBA. You’ll need to file for a North Dakota fictitious name if you have a partnership.
• Franchise name: The state uses “franchise name” for businesses that operate using a franchiser-franchisee structure. You’ll need to file for a North Dakota franchise name if you’re a franchiser or franchisee.

Benefits of a DBA

• Exclusive use: In North Dakota, filing a DBA gives your business the exclusive rights to use the business name within the state.
• No business entity needed: Sole proprietors can register a trade name without creating a business entity. They don’t have to go through the steps (or pay the cost) of creating an LLC.
• No EIN needed: An EIN (employer identification number) is like a social security number for businesses. It’s free to register for one with the IRS, but sole proprietors can just use their Social instead. Registering for a DBA doesn’t require getting an EIN if you don’t have one.
• No “LLC” needed: LLCs are generally required to use “LLC” or another designator in their name, and other corporations usually have a similar requirement. Filing for a DBA lets companies and corporations operate without their designator.

Disadvantages of a DBA (trade name)

There aren’t many true disadvantages of using a trade name or other DBA, but it’s important to understand a major limitation of these names:

• No liability protection: Because a DBA doesn’t create a separate legal entity, it doesn’t provide any legal protection. It’s not like an LLC or other business structure that protects personal assets.

Consequences for operating a DBA (trade name) without registration

Operating without a DBA isn’t as serious as operating without a registered business, but it’s still not something you should do. In North Dakota, you generally won’t face state fines or jail time for using an unregistered trade name. There are a few other potential negative consequences, though:

• No protections: As far as the North Dakota Secretary of State is concerned, operating under an unregistered trade name gives your business no name-related protections. You won’t have standing in a dispute.
• Name infringement suit: If the name you use belongs to another business, whether because it’s the business’s official name or DBA, the other business could sue for infringing on its name. You’d likely be forced to stop using the name, and possibly to pay restitution if your use negatively impacted the other business.
• Potential personal liability: Any non-registered trade name you use won’t officially be connected to your business. This might help an opposing attorney pierce the corporate veil of an LLC or corporation, which could leave you personally liable in a lawsuit.
• Starting over: Should you have to stop using a name, much of the effort put into branding under that name would be lost. You’d have to rebrand under a different (and properly registered) name.

Tax considerations of a trade name

A DBA does not affect how your business is taxed. Whether you operate under a DBA or your legal name, your tax obligations remain tied to your existing business structure. This is true whether you have a sole proprietorship, LLC, partnership, corporation, or other business structure, and whether you file for a trade name, fictitious name or franchise name.

Filing for a trade name in North Dakota

Filing for a DBA in North Dakota is a fairly straightforward process. There are some slight differences depending on whether you need a trade name, fictitious name or franchise name, which are noted in the steps below when applicable.

Name requirements

No matter how you register a business name, it must meet the state’s naming requirements. For a trade name or other DBA, the requirements are:

• Available: Must be unique from any other registered business name, DBA or otherwise (see next step).
• Characters: Must be expressed using English letters or ASCII characters.
• Designators: Cannot use a designator such as LLC, company or corporation, unless that’s the structure of the business.

A fictitious name is subject to the same requirements, and is a name that doesn’t use the names of the partnership’s members.

Franchisees must also provide a letter expressing written consent from the franchiser.

Steps to register your trade name (DBA) in
North Dakota

Registering a North Dakota DBA is a simple process that involves just a few steps. You can do everything through the North Dakota Secretary of State’s online First Stop. You’ll need to create an account before filing a DBA.

Step 1: Conduct a North Dakota assumed name search

One of the main criteria is that your business’s DBA must be a name that’s available — a name that’s not currently registered by another business in the state.

To see whether a name is available, conduct an assumed North Dakota Secretary of State business search through FirstStop. You can conduct a business search by name, without registering on the portal. Here are some tips:

• Search your full business name with quotes for the most applicable results. You can still register a DBA if your business name is somewhat similar to another business’s, so full names are the most relevant.
• You might be able to use an inactive name, contact the North Dakota Secretary of State to check. It could depend on how long the name has been inactive, why it’s inactive, and the business’s standing with the state. Business Services can be reached at 701-328-0867 or 800-352-0867.
• Also conduct a state trademark search, which is another option on the same search. You shouldn’t use a name that’s actively trademarked by another business.

Step 2: Select the correct form

North Dakota uses two different forms for DBAs. One form is for trade names and franchise names, and the other is for fictitious names.

To file online, you can access the appropriate form through the First Stop > Business > Forms. Clicking on the appropriate form (trade name or fictitious name) will take you to the appropriate steps on First Stop, after you login to the portal. This is the fastest and easiest option.

Should you wish to file for a trade name or franchise by mail, you can do so by completing form SFN 13401 (Trade Name Registration or Franchise Name Disclosure). Fictitious partnership names can only be registered online.

If submitting the print form, all registered owners must sign the form before it’s submitted. This is easier to handle through online filing, especially if owners aren’t all located in the same area.

A reminder: trade names are for most businesses, franchise names are for all franchises, and fictitious names are for all partnerships.

Step 3: Complete the required information

The print form is self-explanatory, and the online steps even more so. You’ll be asked to provide details such as your official business name, your and any partners’ names, the business structure, the business address, and the desired DBA name.

If filing a franchise name, you’ll have to complete those sections of the Trade Name Registration or Franchise Name Disclosure. You can ignore these if you’re filing a trade name. Remember, you also need a letter from your franchisor if filing for a franchise name.

Step 4: Submit and pay

Submit your business’s information, either online or by mailing the form, and include payment for the $25 filing fee. This can be paid by credit card or debit card if filing online, or check if filing by mail. The fee is the same regardless of how you file.

If filing a fictitious partnership name, the fee increases by $3 for each partner after the first two. The maximum is $250, although few partnerships are that large.

Step 5: Renew (5 Years)

A North Dakota DBA is good for 5 years, after which it becomes inactive if not renewed. Mark your calendar, as it’s easy to forget in 5 years that your DBA needs to be renewed. The renewal process is the same as initially registering.

Filing online vs. by Mail

Filing a DBA online is the preferred option, although you can still file a trade name by mail should you wish to. In addition to online filing being faster and easier, there are a few other considerations:

• Fictitious partnership name: North Dakota only offers online filing for fictitious names; there isn’t a mail-in form.
• Trade name: Filing a trade name requires the consent of all registered business owners. You’ll need to get each person’s signature if using the mail-in form, or can provide consent in one of the online steps. Online is a lot easier if owners aren’t all in one place.
• Franchise name: Some franchisees might prefer to file by mail, because the franchiser’s letter can simply be included with the form. A letter can be submitted online too, though.

You can file online by accessing the appropriate form through First Stop > Business > Forms. The mail-in form gets sent to Secretary of State, State of North Dakota, 600 E Boulevard Ave Dept 108, Bismarck, ND 58505.

The filing fee is $25 regardless of how you file. If filing a fictitious name, the fee increases by $3 for every partner after the first two (with a maximum fee of $250).

Conclusion

Using a DBA lets your business operate under a name that’s right for branding, rather than your personal name or one that has “LLC” in it. File a trade name, franchise name, or fictitious name today, and you could be handing out business cards with the new name on them tomorrow. This can be an important step toward growing a well-named business and brand. And if you haven’t yet formed your company, learning how to start an LLC in North Dakota is a great first step before registering a DBA.

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