Assumed-Name (DBA) Registration Requirements in North Dakota

At a glance

Requirements one by one

North Dakota uses two statewide filing tracks

N.D. Cent. Code §§ 47-25-01 and 47-25-02 govern trade names generally. A name is covered when it omits the specified legal name of the organization or individual owner, and the owner may not do business under it until it is registered with the Secretary of State.

General partnerships use the separate fictitious-name route in § 45-11-01. That route applies when the partnership's name does not show the required names of the partners. Section 47-25-02 expressly excludes a partnership that has filed under Chapter 45-11, so the partnership filing is an alternative, not a second filing layered on top of trade-name registration.

Fees differ for larger partnerships

A trade-name registration costs $25 under § 47-25-04. A fictitious partnership name also starts at $25, but § 45-11-01 adds $3 for each member beyond two, capped at $250. Neither chapter requires newspaper publication or proof of publication.

Both registrations run for five years

Section 47-25-04 gives a trade-name registration a five-year term and permits renewal during the final 90 days. N.D. Cent. Code § 45-11-04.1 requires partnership renewal every five years for $25; a missed renewal results in cancellation.

Registration provides name protection

Under § 47-25-03, a trade name must be distinguishable from specified names and marks already reserved or registered with the Secretary of State, unless the existing holder files written consent and the $10 consent fee is paid. Section 45-11-01 applies a parallel distinguishability rule to fictitious partnership names. A registered trade-name owner also may bring a civil suit to prohibit another person's use under § 47-25-01(2).

The partnership route has a curable suit bar

N.D. Cent. Code § 45-11-04 bars noncomplying partners from suing on contracts or transactions made in the partnership name until the certificate is filed. Once the partners comply, the statute restores the right to sue on transactions made both before and after filing. Chapter 47-25 prohibits use of an unregistered trade name but states no comparable fine or courthouse bar.

What trips people up

• A general partnership does not file twice. A partnership that files its fictitious-name certificate under Chapter 45-11 is excluded from the general trade-name filing by § 47-25-02.
• The surname test has alternatives. Section 47-25-01 excludes a name that contains every individual's first name and surname or every owner's surname; a licensing situation can change which formulation applies.
• Consent can cure a registry conflict. Both schemes allow a written consent from the holder of an indistinguishable registered name, with a $10 fee.

Common questions

Where is the registration filed?

Both routes are filed with the North Dakota Secretary of State. The agency's current guidance directs applicants to the FirstStop portal.

Is newspaper publication required?

No. Neither Chapter 47-25 nor Chapter 45-11 contains a publication or affidavit step.

How often do I renew?

Every five years. A trade name renews during the final 90 days; a partnership certificate is canceled if its five-year renewal is missed.

Does registration protect the name?

Yes, at the state registry level. Names generally must be distinguishable, and a registered trade-name owner has an express statutory right to sue to stop another person's use. Federal trademark rights remain separate.

Statutes and sources

• N.D. Cent. Code §§ 47-25-01 through -04 — trade-name definition, mandatory pre-use filing, contents, electronic filing, distinguishability and consent, $25 fee, five-year term, and final-90-day renewal. Official Chapter 47-25 PDF (accessed 2026-08-17).
• N.D. Cent. Code §§ 45-11-01 through -04.1 — partnership trigger and exceptions, membership-based fee, certificate contents, electronic filing, curable suit bar, and five-year renewal. Official Chapter 45-11 PDF (accessed 2026-08-17).
• North Dakota Secretary of State business-registration guidance — FirstStop filing, five-year renewal, and state-level name protection. Official guidance (accessed 2026-08-17).