This pamphlet provides an overview of fictitious name or DBA registration. Topics covered include legal requirements and procedures, advantages of a fictitious name, filing requirements, and tips on choosing a name.
North Dakota USLegal Pamphlet on Doing Business As DBA Filing or Registration
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US-PMPH-15
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FAQ
No, a DBA is not a legal entity. If you register a DBA without first forming some type of legal entity, your state will automatically recognize your business as a sole proprietorship.
In North Dakota, you must register your DBA with the Secretary of State. You can register a trade name online at North Dakota's First Stop website or you can complete the trade name registration form and file it by mail or fax.
Doing Business As (DBA) is a term referred to as a business's assumed, trade or fictitious name, indicating that the business is conducted and presented under a name other than the legal name of the legal person (or persons) who own it and are responsible for it.
Sole proprietors and general partners often choose to operate under a DBA name. For example, business owner John Smith might file the Doing Business As name "Smith Roofing." Corporations and limited liability companies (LLCs) may register DBA names for specific lines of business.
Insert "doing business as" or the acronym "dba" after the company's legal name followed by the dba.
A limited liability company (LLC) is a business entity type that provides limited liability protection. A DBA (doing business as) name is simply a registered name for a business. DBAs can be used by sole proprietorships, partnerships, LLCs, and corporations.
The biggest difference between a DBA and an LLC is liability protection. Under a DBA, there is no distinction between the business owner and the business. The business owner is liable for all expenses incurred on behalf of the business. On the other hand, an LLC provides limited liability protection.
There are two main situations where business owners would want to use a fictitious business name or DBA: Sole Proprietor or Partnership: If you are a sole proprietor or cofounder of a partnership and you want to do business with a name that is different from your personal name, you can register a DBA name.
The proper way to write your Legal name for DBA is to write your doing business as name exactly the way you register it at the Secretary of State. For example, if John H. Doe is a sole proprietor and he wants to open a barber shop under the name Precision Barber Shop, he can register the name with his State.
DBA is an acronym for doing business as. It has a few other names or synonyms: assumed name, assumed business name, trade name, fictitious name, or false name. You may see it with or without dots, slashes, uppercase or lowercase: dba, d.b.a., d/b/a.
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