North Dakota: Assumed-Name (DBA) Registration Requirements
The short answer
Yes. North Dakota requires a trade name to be registered with the Secretary of State before it is used; a general partnership instead files under the separate fictitious-partnership-name chapter. Both routes generally cost $25, require no newspaper publication, and renew every five years, but the partnership filing adds $3 for each member beyond two, up to $250.
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This is the general rule in North Dakota. Ezel applies current North Dakota law to your specific facts and answers with citations to the statutes.
| Governing law and scheme | N.D. Cent. Code ch. 47-25 (trade names) and ch. 45-11 (fictitious partnership names) — mandatory statewide Secretary of State filings |
|---|---|
| Who must register | Trade-name users whose name omits the owner's specified legal name; partnerships using a name that omits the partners' names, subject to statutory exceptions (§§ 47-25-01 to -02; 45-11-01) |
| Filing office | North Dakota Secretary of State; electronic filing is authorized and the FirstStop portal is the current filing route (§§ 47-25-02 to -02.1; 45-11-01 to -02.1; SOS guidance) |
| Filing deadline | Trade name: before engaging in business under it (§ 47-25-02). Partnership: no numeric day-count, but a partnership transacting under the covered name must file (§ 45-11-01) |
| Publication requirement | None. Neither chapter requires newspaper notice or proof of publication |
| Filing fee | Trade name: $25. Partnership: $25 plus $3 for each member beyond two, capped at $250; renewals are $25 (§§ 47-25-04; 45-11-01, -04.1) |
| Term and renewal | 5 years. Trade names renew during the final 90 days; partnership certificates renew every 5 years and are canceled if renewal is missed (§§ 47-25-04; 45-11-04.1) |
| Name exclusivity | Both routes require distinguishability or consent; a registered trade-name owner may sue to prohibit another person's use (§§ 47-25-01, -03; 45-11-01) |
| Penalty for noncompliance | Trade-name chapter prohibits use before registration but states no separate fine or suit bar; noncomplying partnerships cannot sue on partnership-name contracts or transactions until filing (§§ 47-25-02; 45-11-04) |
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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 2026-07-26). - 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 2026-07-26). - North Dakota Secretary of State business-registration guidance —
FirstStop filing, five-year renewal, and state-level name protection.
Official guidance
(accessed 2026-07-26).
Source links
Every statute quoted above, linked, with the date we checked it.
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