Title: North Dakota Withdrawal of Assumed Name for Corporation: Requirements, Process, and Types Introduction: North Dakota law necessitates that corporations operating under an assumed name must formally withdraw it if they no longer wish to use it. The withdrawal process ensures transparency and compliance with regulations, allowing corporations to maintain an accurate public record. This article will delve into the requirements, steps, and possible types of withdrawal of assumed name for corporations in North Dakota. Types of North Dakota Withdrawal of Assumed Name for Corporation: 1. Voluntary Withdrawal: A voluntary withdrawal occurs when a corporation actively decides to cease using an assumed name. This could be due to a change in business strategy, rebranding, or any other reason. It is important to note that corporations cannot withdraw an assumed name unless they have officially dissolved or are in the process of dissolving the corporation. 2. Involuntary Withdrawal: In some circumstances, the Secretary of State may initiate an involuntary withdrawal of an assumed name. This typically occurs if the corporation fails to meet legal obligations or violates state regulations. The Secretary of State may revoke the right to use an assumed name for non-compliance or fraudulent activities. Requirements for Withdrawal: To successfully withdraw an assumed name for a corporation in North Dakota, the following requirements must be fulfilled: 1. Dissolution or Intent to Dissolve: The corporation must either be dissolved or actively in the process of dissolution. A voluntary or involuntary dissolution is necessary for the withdrawal of an assumed name. 2. Certificate of Withdrawal Form: The corporation must complete and file the "Certificate of Withdrawal of Assumed Name" with the North Dakota Secretary of State. The form requires specific details about the corporation, including the original assumed name, the date it was filed, and the reason for withdrawal. 3. Filing Fee: A filing fee, as determined by the Secretary of State, needs to be submitted along with the Certificate of Withdrawal Form. The fee covers administrative costs associated with processing the withdrawal request. Process for Withdrawal: The process for withdrawing an assumed name for a North Dakota corporation involves the following steps: 1. Complete the Certificate of Withdrawal Form: Fill out the required information on the Certificate of Withdrawal of Assumed Name form accurately and legibly. Ensure all sections are completed, including the reason for withdrawal. 2. Pay the Filing Fee: Include the appropriate filing fee according to the current fee schedule provided by the Secretary of State. Ensure the payment is submitted with the completed form. 3. Submit the Documents: Mail or deliver the completed Certificate of Withdrawal Form along with the required fee to the North Dakota Secretary of State's office. It is advisable to retain a copy of the form and payment for your records. 4. Acknowledgment: Once the Secretary of State receives the Certificate of Withdrawal Form and verifies its completeness, they will process the request. Successful withdrawal of the assumed name will typically result in an acknowledgment or receipt sent to the corporation. Conclusion: The withdrawal of an assumed name for a corporation in North Dakota is a necessary legal process to maintain transparency and compliance. Corporations can voluntarily withdraw an assumed name upon dissolution or involuntarily through Secretary of State intervention. By adhering to the requirements and following the outlined process, corporations can ensure a successful withdrawal of their assumed name.
North Dakota Withdrawal of Assumed Name for Corporation
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How do you dissolve a North Dakota corporation? If your corporation has never issued any shares, been paid for shares, or incurred debt, then you can file the Articles of Dissolution by Incorporators. Otherwise, you must first file the Corporation Intent to Dissolve form with the North Dakota Secretary of State (SOS).
Submit the form, Certificate of Withdrawal Foreign Corporation Application to the SOS. North Dakota allows filing in person, by mail, or by fax. Both withdrawal forms include a credit card payment authorization section that must be completed if you are paying by credit card.
There are two filing options when you dissolve your North Dakota LLC. You can file either the Articles of Dissolution by Organizers or the Articles of Dissolution by Members. The Articles of Dissolution by Organizers does not require the filing of a Notice of Dissolution with the North Dakota Secretary of State (SOS).
Fees Filing or RequestFeeRegistration of Trade Name/Franchise Name/Sole Proprietorship using assumed name$25.00Consent to Use of Name$10.00Renewal$25.00Assignment$25.005 more rows
How does a registrant cancel a trade name registration? A trade name cancellation must be completed on FirstStop and may be filed online with a credit card payment or it may be printed and mailed with a check, cashier's check, or money order payable to "Secretary of State." The filing fee for the cancellation is $10.
North Dakota law requires any business operating under an assumed name, trade name, or a name different from its legal name, to formally file for a DBA designation. Even though it is the law, there are great reasons to file for a DBA anyway.
North Dakota law provides that a corporate name may not be the same as, or deceptively similar to, a name previously registered with the Secretary of State. The name may be used if the corporation obtains a court decree or signed consent to use of name that is submitted with a fee of $10.
