File a DBA in North Carolina

What is a DBA in North Carolina?

A DBA is a name a business uses that's different from its legal name. In North Carolina, if a business wants to use a name that is different from the name on the legal paperwork filed with the Secretary of State, it must register the new name as a DBA with the appropriate county’s Register of Deeds office. The official term for a DBA in North Carolina is “assumed name.”

Under North Carolina General Statutes § 66-71.1, any person engaging in business under an assumed name must file the appropriate certificate, making this a legal requirement rather than an optional business decision. So, if Frank's Hot Dogs LLC wants to do business as "Best Hot Dogs in Town," the owners must file an Assumed Business Name Certificate with the Register of Deeds. Without filing a DBA, the business cannot legally use that trade name in public, on official documents, or when opening bank accounts.

Each DBA can be registered in multiple counties across North Carolina, providing flexibility for businesses operating in different regions of the state.

Key features of North Carolina's DBA system

• Multiple-county filing: You can file DBAs for multiple counties with one application. This is a significant advantage over states that require separate filings for each jurisdiction.
• No notarization required: North Carolina eliminated the notarization requirement for Assumed Business Name Certificates in 2017, streamlining the filing process.
• Statewide database: Once filed, your DBA is added to a statewide database, making it searchable across all participating counties.
• Multiple DBA names per form: You can file for up to five assumed business names on a single certificate form. If you want to register more than five, you’ll need to submit another Assumed Business Name Certificate.

Who needs to file a DBA in North Carolina?

Under North Carolina law, filing a DBA is required when:

• You conduct business under any name other than your legal name or registered entity name
• You advertise, market, or present your business using an assumed name
• You need to open bank accounts under a trade name
• You enter into contracts using a name different from your registered business name

Specifically, such businesses must file an Assumed Business Name Certificate with the Register of Deeds office in the county where the business operates. This requirement applies to different types of business entities.

Sole proprietors

Sole proprietors don’t register with the North Carolina Secretary of State, instead operating under their own names. If they want to operate under a business name other than their legal name, they need a DBA. For example, if John Smith wants to operate "Smith's Landscaping Services," he must file a DBA, since this name differs from his legal name.

Partnerships

North Carolina partnerships that want to use a brand name rather than just the partners' names must register a DBA. A partnership between Jane Doe and Bob Johnson operating as "Coastal Marketing Solutions" would need to file an Assumed Business Name Certificate.

Limited liability companies (LLCs)

An LLC must file a DBA if it wants to run different businesses under the same legal company, use brand names that differ from the registered LLC name, or launch product lines or services under different names. For instance, "Triangle Tech Solutions LLC" would need a DBA to operate a division called "Quick Computer Repair."

Corporations

Corporations that plan to launch a product line or service under an assumed business name also need to file a DBA. This is common when corporations want to create distinct brand identities for different market segments.

Benefits of registering a DBA in North Carolina

Beyond legal compliance, there are several practical advantages to properly registering your DBA in North Carolina.

Establishing banking and financial services

You need a registered DBA to open a bank account under your business's trade name. North Carolina banks require proof of DBA registration before establishing accounts for assumed business names. This documentation is also necessary for:

• Accepting checks made out to your trade name
• Establishing business credit under your DBA
• Setting up merchant accounts for payment processing

Operating multiple brands

You can run multiple brands or services under the same legal company by filing different DBAs. This is particularly valuable for companies that want to operate distinct business lines, launch different product brands, or target different market segments.

Best practices for choosing a DBA name

When selecting your assumed business name, keep the following in mind:

• Avoid misleading names. Don't choose names that are misleading or that appear to pose as the name of a different business. This could lead to consumer protection violations.
• Don’t use governmental authority names. Make sure that your DBA name does not appear to be the name of a governmental authority or agency.
• Ensure an accurate entity designation. Don't choose a name that implies that your business is a different type of entity than it actually is. For example, don't use "Inc." when the entity is not a corporation or "LLC" when it's a sole proprietorship.
• Consider trademarks. While DBA registration doesn't provide trademark protection, avoid names that might infringe on existing trademarks or service marks.

How to file a DBA in North Carolina: Step-by-step

It's important to stay organized when filing a DBA and ensure that all information is accurate. Mistakes can slow down your approval or cause problems for your business operations.

Step 1: Search your business name

Before filing, conduct a business name search to verify that your desired DBA is available within the state. First, search the name on the Secretary of State’s Business Registration database to see if other businesses are registered under that name. Then, conduct a search on the Assumed Business Name database to view currently filed names.

While DBA registration doesn't guarantee exclusive use of a name, this search helps avoid potential conflicts and ensures your chosen name complies with state requirements.

It’s also a good idea to check that your desired DBA name isn’t trademarked in the state or federally. Conduct a North Carolina trademark search, then a federal trademark search on the US Patent and Trademark Office’s website.

Step 2: Complete the DBA form

Download the Assumed Business Name Certificate from the Economic Development Partnership of North Carolina (EDPNC) website or obtain it in person from your county Register of Deeds office. Some counties also offer e-filing for your DBA.

Your Assumed Business Name Certificate must include:

• Your assumed business name (up to five DBAs you want to use)
• Your legal business name (as registered with the Secretary of State, or your personal name for sole proprietors)
• The real name of the person engaging in business (including all owners, partners, or authorized representatives)
• The nature of the business (description of business activities)
• The street address of your principal place of business (physical location, not a P.O. Box)
• The mailing address (if different from the street address)
• The counties where you want to do business (you can select up to all 100 North Carolina counties)

Step 3: Submit your form

Submit the completed Assumed Business Name Certificate to the Register of Deeds office in the county where your business operates. North Carolina's 100 counties may have different submission methods.

• In-person filing: Available at most Register of Deeds offices during business hours
• Mail filing: Accepted by most counties with proper documentation and payment
• Online filing: Available in select counties with digital submission systems