File a DBA North Dakota: The Complete Guide

To file a DBA in North Dakota, you must register a Trade Name online at the Secretary of State’s FirstStop portal for a filing fee of $25.The registration is valid for 5 years, allowing your business to operate under a name other than its legal name.

Since North Dakota does not use the term “DBA” in its statutes, many guides refer to this process using different terminology. In this article, you will find all the information you need about DBAs in North Dakota who need one, the costs, how to file, and what to do post-approval.

What Is a DBA (Trade Name) in North Dakota?

A Trade Name allows your business to operate under a name other than the one on your formation documents or the one you use as a sole proprietor. The Trade Name is registered with the North Dakota Secretary of State and does not create a legal entity; therefore, it does not protect you from liability or secure your trademark rights. It simply grants you the right to use the name.

Why Would You File a DBA in North Dakota?

There are many reasons for filing a DBA in North Dakota:

• You operate a sole proprietorship but don’t want to be called by your own name, like John Smith.
• You would like a business name different from the one listed on your LLC or corporation documents.
• You would like a business name that matches your website.
• You’re broadening your brand and want a separate name for your new product or service.

Who Should File a DBA in North Dakota?

• Sole proprietorships and general partnerships doing business under any name other than their legal name.
• LLCs and corporations that want to operate under a name other than the one listed in their Articles of Organization or Articles of Incorporation.

If your business is not in either of the above situations, you don’t need to worry about filing for a DBA in North Dakota.

Benefits of a DBA

• Gives you the exclusive rights to that name in North Dakota
• Allows you to have a name that the public can search and identify with your business
• Lets you have different names for different purposes without going through the legal hassle of creating a different business entity
• Less costly and time-consuming than creating a new business entity

Drawbacks of a Trade Name

• Does not protect your personal assets (that can be done through an LLC or corporation)
• Does not protect your name outside the borders of North Dakota
• Does not create a separate business tax ID and does not alter the way your business is taxed
• Expires in five years unless you renew it

Will a DBA Keep My Personal Information Off the Public Record?

Not at all. A trade name is registered and will therefore be recorded in the public record, along with the owner’s name. If you value your privacy, a trade name will not help you; you will have to re-evaluate the structure of your underlying business entity.

DBA vs. LLC in North Dakota

Business owners commonly confuse these two.

Many business owners use both — an LLC to protect personal assets and a trade name for flexible branding. Registering a DBA vs. Starting a New Business

A trade name registration does not form a business. There is no formation of a legal entity; the registration is simply a name authorization. If you haven’t formed an LLC or corporation, or haven’t registered yourself as a sole proprietor, those processes can be done before or simultaneously with your trade name registration.

North Dakota DBA Options

Tax Implications of a Trade Name

A DBA does not affect your business tax structure. A DBA is not a separate legal entity, so you will not need or receive a new EIN. Taxable income is accounted for under your existing business structure.

Registering a Trade Name in North Dakota

What Makes a Good Trade Name

Your trade name:

• Must be different from all other names the state has on record
• Must only use the English or ASCII alphabet
• Should not use entity designators like “LLC” or “Inc.” unless you really are that entity
• Should not use restricted terms (like “bank” or “trust”) without permission

Trade Name Registration Process

1. Check for trade name availability on the Secretary of State’s FirstStop portal
2. Register for a FirstStop account
3. Fill out the trade name (or fictitious partnership name) application
4. Submit permission from all owners, if needed
5. Submit payment and complete the process

Online Filing vs. Filing by Mail

Filing online with FirstStop is the quickest option, especially when multiple owners need to provide permission and sign from different locations. Filing by mail is also a valid option, but it adds processing time.

File Your North Dakota DBA with EasyFiling

DBA filings are full of pitfalls. North Dakota requires a name search, consent forms, and completion of several steps in their online system. Unlike some states, North Dakota doesn’t allow any amendments, even minor ones. This means the entire process must be restarted if the applicant fails at any of the many steps. EasyFiling does the name search and prepares and submits the filings for you. This saves you the trouble of figuring out why a filing was rejected weeks later. EasyFiling handles the work so you can get back to working on your business.

Costs, Renewals, and Processing Times for North Dakota DBA Filings

Not registering a DBA carries no state fines or prison time. However, name-related protections simply do not exist if no DBA is registered, and if another business challenges your name, you will almost certainly have to cease using it and may have to pay for damages your business caused.

Filing Mistakes to Avoid

• Not conducting a name availability search
• Believing your trade name provides complete protection across all states
• Not realizing you can’t simply amend a name, you must cancel and refile to correct mistakes
• Not filing before your name registration renewal deadline

How to Cancel Your Trade Name in North Dakota

In North Dakota, amendments aren’t allowed, so changing the trade name requires cancellation and a new filing. Since there are no prescribed forms for cancellation, you must write a cancellation request, which must be submitted with a $10 fee.

What to Do After You Register Your North Dakota DBA

• Change your bank records, contracts, licenses, and marketing materials
• Remember your five-year trade name registration renewal deadline
• Understand that your name registration doesn’t stop others from using the name outside North Dakota; it only protects name use within the state

Final Thoughts

Filing a DBA in North Dakota? Not as hard as you think. It’s important to pay attention to the fine print since North Dakota will not allow you to make any corrections after you submit your request. It doesn’t matter if you file it yourself through FirstStop or have EasyFiling do it for you, but making sure you get everything correct the first time will save you both time and money in the future.