Minnesota: Assumed-Name (DBA) Registration Requirements

Requirements one by one

File with the Secretary of State before starting

Minnesota's trigger is whether the business name states the statutory “true
name” of every interested person. For a sole proprietor, that means the full
individual name. For a partnership, it means every partner's full name. For a
corporation, LLC, limited partnership, or LLP, it means the full legal name
identified in § 333.001, subdivision 3. A covered person using a different name
must file a certificate with the Minnesota Secretary of State (§ 333.01).

The timing is unusually direct: § 333.02 requires filing “before commencing”
business under the assumed name. The certificate gives the assumed name and
business address, together with the true name and address of each person
conducting the business.

Publish twice after the state filing

Filing is only the first step. Section 333.01 requires the filed certificate to
be published in a qualified newspaper in the county where the person has a
principal or registered office “for two successive issues.” The statute does
not set a 60-day publication window or direct the registrant to file the
newspaper's affidavit with the Secretary of State. The Secretary of State's
current instructions instead say the newspaper returns an affidavit of
publication and the business should retain it.

If information in the last certificate later becomes incorrect, § 333.035
requires an amended certificate within 60 days and republication in the same
manner. Publication is excused only when the amendment solely responds to a
change in law since the prior filing.

The filing renews every calendar year

The certificate is effective when filed. To keep it effective, the registrant
files a renewal in each calendar year after the filing year (§ 333.055,
subdivision 1). The renewal is free and states the assumed name and principal
business address. Missing a year causes expiration in the following calendar
year; reinstatement requires the annual renewal plus a $25 fee.

The statutory fee is $30 for the initial certificate and each other assumed-name
filing except the free annual renewal. The current Secretary of State form
charges $30 for a mailed filing and $50 for expedited in-person or online
service.

Filing does not make the name exclusively yours

Section 333.055 expressly allows the Secretary of State to accept identical
assumed names. The agency's form likewise warns that filing “does not provide a
user with exclusive rights” to the name. There is still a registrability screen:
an assumed name generally must be distinguishable from an existing or reserved
corporation, LLC, LLP, cooperative, or limited-partnership name and from a state-
registered trade or service mark, absent consent or one of the statutory
prior-right/nonuser documents.

Skipping registration affects both suing and defending

If a noncompliant business brings a Minnesota action on a contract or
transaction, § 333.06 lets the defendant raise the failure and stay the case
until the certificate is filed. The section adds a $250 consequence even after
the merits are decided: costs if the defendant prevails, or a judgment deduction
or costs if the defendant does not. If the noncompliant business is defending a
civil action, the plaintiff receives $250 costs regardless of the merits.

Minn. Stat. § 333.065 adds the remedies in § 8.31, including Attorney General
injunctive and civil-penalty enforcement and a damages, costs, attorney-fees,
and equitable-relief remedy for an injured person. Those remedies are additional
to § 333.06.

What trips people up

• Publication follows filing. Publishing a homemade notice before the
  Secretary of State accepts the certificate does not follow § 333.01.
• There is no statutory 60-day window for the initial publication. The
  60-day rule in § 333.035 concerns filing an amendment after information
  becomes incorrect.
• The affidavit is retained, not filed with the state under the current
  instructions. Keep it as proof that the separate newspaper step was done.
• Renewal is annual even though it is free. No fee does not mean no filing;
  a missed calendar-year renewal leads to expiration in the following year.
• Identical assumed names can coexist. The entity-name conflict screen is
  not a grant of trademark ownership or exclusive use.

Common questions

Does “Smith Painting” require a filing if John Smith owns it? Yes. The
Secretary of State explains that a natural person's true name means the full
first and last name: “John Smith Painting” need not file on that ground, while
“Smith Painting” must.

What if the business uses its exact LLC or corporate name? No assumed-name
certificate is required under this chapter. The statutory true name is the full
entity name stated in its formation or authority document.

Can I renew after expiration? Yes. Section 333.055 allows reinstatement by
filing the annual renewal and paying the $25 reinstatement fee.

Statutes and sources

• Minn. Stat. §§ 333.001–333.065 — definitions, filing trigger and contents,
  pre-business deadline, publication, amendments, fee, annual renewal,
  nonexclusivity, and remedies. Official Chapter 333 (accessed 2026-07-25).
• Minnesota Secretary of State, Assumed Name/DBA — filer examples,
  publication workflow, affidavit retention, forms, and annual-renewal reminder.
  Official instructions (accessed 2026-07-25).
• Minnesota Secretary of State, Certificate of Assumed Name — current $30
  mail and $50 expedited in-person/online fees and no-exclusive-right warning.
  Official form (accessed 2026-07-25).