File a DBA in North Dakota

What is a DBA (trade name) in North Dakota?

A DBA is a name for your business that isn't its legal name. A business’ legal name is either its owner’s legal name if it’s a nonregistered entity (e.g. a sole proprietorship) or the name on its formation documents if it’s a registered entity (e.g. a corporation). 

North Dakota formally uses the term “trade name” for DBAs for most businesses except partnerships. The state uses the term, “fictitious name,” or “fictitious partnership name” to refer to the name of a partnership that doesn’t include the actual name of the organization or its partners.

Although North Dakota law requires all businesses that operate under a trade or fictitious name to register it with the Secretary of State, there are also several benefits for your business. 

Here are some things you can do with a North Dakota trade or fictitious name:

• Branch out into other markets without registering a separate entity
• Open a business bank account 
• Obtain licenses and permits under the trade name
• Market your business under the trade name 
• Obtain exclusive rights to use the name in North Dakota

A North Dakota trade or fictitious name does not allow you to change your tax status. Also, while North Dakota does protect trade and fictitious names within the state, the Patent and Trademark Office overrules state authority. If you want national protection, consider registering a trademark. 

How to file a DBA in North Dakota

All businesses register DBAs through the Secretary of State's office, which simplifies the process compared to states that also require county-level filing. You can have LegalZoom file for you or complete the application yourself. Here’s what you need to do if you apply on your own. 

Step 1: Check name availability

First, make sure the name you want to register is available and meets North Dakota requirements:

• It must be clearly distinguishable from all other business names on file with the Secretary of State.
• It can’t include the words, “DBA,” “corporation,” “incorporated,” “company,” “limited liability company,” or “limited,” or an abbreviation of any of those words unless the business is a corporation or LLC. 
• It can’t just be a person’s first and last name.
• It can’t include the word “bank” or other words that imply the business is a financial institution without written consent from the North Dakota Department of Financial Institutions.

You can check if the name you had in mind is available by conducting a North Dakota business search. The Secretary of State keeps an online database of all registered business names on their website. If your desired business name doesn’t show up in their records, it’s likely available. 

Step 2: Complete the application form

All businesses except for partnerships use the trade name registration or franchise name disclosure form to file a DBA. Here’s what to include:

• Trade name
• Principal place(s) of business 
• General nature of the business
• Business type (individual(s), corporation, or LLC)
• Business phone number
• Business owner's legal name
• Federal Tax ID number or Social Security number of owner(s)
• Mailing address
• Signature(s)

Partnerships file a fictitious name certificate, which needs to state the following:

• The fictitious name
• Description of the nature of business
• Full names and addresses of all the partners
• Principal place of business

Step 3: Submit the application and pay the filing fee

You can register both the fictitious name certificate and the trade name registration through FirstStop, the Secretary of State’s online filing portal. The filing fee for either form is $25, however the Secretary of State charges General Partnerships another $3 for each additional partner over two.  

Step 4: Obtain your certificate and keep records

Once approved, you'll receive confirmation from the North Dakota Secretary of State. Keep this documentation as proof of your trade name registration. You'll need it for banking, licences, contracts, and other business operations.

How to renew, amend, or cancel a DBA in North Dakota

Trade and fictitious name registrations last five years from the initial registration date in North Dakota. Make sure to renew your DBA with current information within ninety days of its expiration date. You can submit your renewal application through FirstStop for the same $25 filing fee. 

To cancel or change your trade or fictitious name, file a cancellation form through FirstStop for a $10 filling fee and then file a new registration with the updated information. 

How LegalZoom can help with your North Dakota DBA

LegalZoom can help you register your North Dakota DBA online. Here’s what our service includes:

• Name availability search through North Dakota’s databases to verify that the name you choose is unique and meets state requirements
• Form preparation and filing 
• Customizable website to help you market your new brand 
• Access to ongoing support for renewals, amendments, and cancellations

LegalZoom also offers adjacent services, such as LLC or corporation formation, registered agent services, and trademark registration. Our expertise in business formation ensures your DBA gets filed efficiently and meets state requirements. If your filing is rejected due to our error, we'll correct it at no additional cost.