Trade Name / DBA Registration Notice - North Dakota

NORTH DAKOTA TRADE NAME / FICTITIOUS PARTNERSHIP NAME WORKSHEET

North Dakota uses two related Secretary of State filing routes. Use the trade-name route under Chapter 47-25 unless the registrant is a partnership filing a fictitious-name certificate under Chapter 45-11.

1. ROUTE SELECTION

A. Trade name — Chapter 47-25

A person or organization may not conduct business in North Dakota under a trade name until the name is registered with the Secretary of State. A partnership that has filed a Chapter 45-11 fictitious-name certificate is excluded from this route.

B. Fictitious partnership name — Chapter 45-11

A partnership transacting business under a fictitious name or a designation that does not show the persons interested as partners must file a fictitious-name certificate. The exemptions in N.D. Cent. Code § 45-11-01(2), including specified limited-partnership and other registered-name situations, should be reviewed before filing.

Selected route: [TRADE NAME / FICTITIOUS PARTNERSHIP NAME]

2. NAME AND OWNER INFORMATION

Proposed Name: [NAME]

Owner / Partnership Legal Name: [LEGAL NAME]

State or Country of Organization: [JURISDICTION]

Principal Place of Business: [ADDRESS]

Nature of Business in Detail: [DESCRIPTION]

Trade-name owner information

Owner Name and Address: [NAME / ADDRESS]

Fictitious-partnership information

List every general partner's full name and principal address:

A Chapter 45-11 certificate must be signed by one or more general partners.

3. NAME REVIEW

3.1 Review the distinguishability and restricted-word rules in N.D. Cent. Code §§ 47-25-03 or 45-11-01, as applicable.

3.2 If relying on consent to an otherwise indistinguishable name, attach the written consent and confirm the current additional fee.

3.3 Registration is not a substitute for trademark clearance.

4. FILING, FEES, AND TERM

4.1 File with the North Dakota Secretary of State using the current prescribed form or accepted electronic process.

4.2 The statutory original filing fee is $25 for a Chapter 47-25 trade name.

4.3 A Chapter 45-11 fictitious partnership certificate has a $25 base fee, plus $3 for each member beyond two, capped at $250.

4.4 A trade-name registration remains effective for five years and may be renewed within the 90 days before expiration by registering again in the same manner as an original registration.

4.5 A fictitious partnership certificate must be renewed every five years. The renewal fee is $25, and the Secretary of State must give at least 90 days' notice before the renewal deadline.

4.6 Neither Chapter 47-25 nor Chapter 45-11 requires the registrant to publish a newspaper notice.

5. CHANGES AND CANCELLATION

5.1 For a trade name, register an assignment of ownership within 90 days after an ownership interest changes or ceases and another person becomes interested. Report registrant name or address changes and business-nature amendments using the current Secretary of State process.

5.2 For a fictitious partnership name, file an amended certificate when the general partners change. Record a member name change and notify the Secretary of State in writing of address changes.

5.3 A registrant may request cancellation using the Secretary of State's prescribed process. Confirm the current form and fee for the selected route.

6. SIGNATURE

I certify that I am authorized to submit the selected filing and that the information provided is accurate.

__________________________________________

Printed Name: [NAME]

Title / Capacity: [TITLE]

Date: [DATE]

SOURCES AND REFERENCES

• North Dakota Century Code — Chapter 47-25, Trade Names
• North Dakota Century Code — Chapter 45-11, Fictitious Partnership Name
• North Dakota Secretary of State — FirstStop