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North Dakota – DBA
File A DBA In North Dakota
Are you a sole proprietor wishing to operate under a different name other than your own? Or do you have an already existing business but want to transact with a different name from the registered one? Well, the state of North Dakota requires you to file the new name, a process that is often referred to as filing a DBA (Doing Business As).
Other names for the same include the trade name, fictitious name or assumed name. Take this instance, if Bill’s Stationeries’ wants to operate under the new name, Global Office Solutions’ he would have to register the new name with the North Dakota Secretary of State.
Why you need a North Dakota DBA
First, it is as simple as; that is the law. Above that, there are other significant reasons for filing a DBA in North Dakota. When you file a doing business as you can;
· Set up a business account under the assumed name
· Use the name for advertisement
· Make & receive payments under your trade name
· Create contracts
· Sue any business who uses a name similar to yours
For a sole proprietor, a DBA name is an advantage because you get to conceal the fact that you are the only one running the business. As a result, you end up with clients that have tremendous confidence in your business.
Setting up a North Dakota DBA
Before you can register your trade name in North Dakota, you need to perform a title search in the North Dakota secretary of the state database. You want to be sure that you are the only one using that name.
When choosing a name, is paramount that you avoid any name that may be confusingly similar to any registered business name in North Dakota. Also, you should not use a name that misinterprets the nature of your business; great care should be taken not to imply that your business is a governmental authority or a political party.
A trade name should be renewed every five years, and if the business changes ownership during this period, the DBA is assignable to the new owner for the remaining registration period after which they should file for a new one.
Filing & Registration
While sole proprietors file for a DBA, all other entities are required by the state to file a Fictitious Name Certificate.
You should provide the following information when filing a DBA in North Dakota;
· Name of owner
· Place of business
· Owner(s) federal tax ID/ Social Security number
· DBA name
· Nature of business
Tax Considerations
Note that DBA registration does not in any way interfere with your company’s taxation.
You can visit the North Dakota Secretary of State website here for more information http://www.nd.gov/sos/
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