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Register your DBA today and you've got everything to gain. In North Dakota, a Doing Business As (DBA) statement grants exclusive legal rights to the name of your business. Additionally, you can open bank accounts and transact business using the name of your new venture. Let LegalZoom make this process quick, easy and finished—today!
NORTH DAKOTA STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.
Partnerships must not contain the word "corporation," "company," "incorporated," "LLC," "limited," or an abbreviation of any of those words. In addition, it must not be similar to a corporate name, LLC name, DBA, partnership name on file with the Secretary of State, limited partnership name, foreign limited partnership name, or DBA certificate on file with the Secretary of State (unless there is filed with the DBA certificate a written consent of the holder of the similar name to use the proposed name and a filing fee). Any person violating any provision of this chapter for which another penalty is not specifically set forth must be guilty of a Class A misdemeanor. One may not maintain an action on, or an account of, any contracts made or transactions had in their partnership name in any court of this state until they have filed the certificate. After the certificate has been filed, they may maintain action on the partnership contracts and transactions entered into prior to, as well as after, compliance.
For a partnership, one must state the DBA, write a brief description of the nature of business in which the partnership is engaged in this state, include the full names and principal addresses of all the general partners, and the address of the principal place of business. For all other entities, the DBA needs to be registered, including the name and address of the owner of the business, the state or country of organization or incorporation if applicable, the address of the principal place of business, and the nature of the business in detail.
For a partnership, the DBA must be signed by one or more of the general partners.
A DBA expires in five (5) years in North Dakota, and must be renewed within ninety (90) days of expiration. A general partner must be registered separately with the Secretary of State at the time of filing a DBA certificate whenever that general partner is either a domestic or foreign corporation, LLC, limited partnership, general partnership using a DBA, and any other organization that has a registration responsibility with the Secretary of State. A statement of renewal must be executed by the partnership on forms prescribed by the Secretary of State which are sent to the address of the principal place of business at least ninety (90) days before the deadline for filing. The statement must include the DBA of the partnership, the state or country of organization, the address of the principal place of business, a brief description of the nature of business in which the partnership is engaged in this state, the names and addresses of all general partners, and a statement that the partnership is still in existence and continues to transact business in this state.
A certificate is required when members change, and the following must be filed:
• A notarized statement reciting the name change if the member is an individual
• A certificate of fact reciting the name change duly authenticated by the proper officer of the state or country if the member is a corporation or limited partnership incorporated or organized in another state or country which does not have a certificate of authority to transact business in North Dakota
• An amendment or application for amended certificate of authority for a member that is a corporation or limited partnership registered with the Secretary of State
A registrant must also notify the Secretary of State in writing when effecting a change of address. A corporate annual report or limited partnership renewal filed by the Secretary of State which reflects a change of address of the principal place of business of the member may serve as such notice.
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