TRADE NAME (DBA) REGISTRATION AND NOTICE

State of North Dakota

IMPORTANT NOTICE

North Dakota law requires any person, corporation, limited liability company, or other entity conducting business under a trade name to register that name with the North Dakota Secretary of State pursuant to N.D. Cent. Code § 47-25-01. Partnerships operating under a fictitious name must additionally comply with N.D. Cent. Code ch. 45-11. This template provides the forms and instructions necessary for compliance.

PART ONE: REGISTRANT INFORMATION

1.1 Registrant Identification

Full Legal Name of Registrant: [________________________________]

Entity Type (check one):

☐ Sole Proprietorship
☐ General Partnership
☐ Limited Partnership
☐ Corporation (Domestic)
☐ Corporation (Foreign)
☐ Limited Liability Company (Domestic)
☐ Limited Liability Company (Foreign)
☐ Limited Liability Partnership
☐ Other: [________________________________]

State/Country of Organization (if entity): [________________________________]

North Dakota Secretary of State ID (if applicable): [________________________________]

1.2 Contact Information

Principal Business Address:

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Mailing Address (if different):

Street: [________________________________]

City: [________________________________] State: [____] Zip: [________]

Telephone: [________________________________]

Email: [________________________________]

1.3 Registrant's Agent for Service of Process in North Dakota (if applicable)

Registered Agent Name: [________________________________]

Registered Agent Address: [________________________________]

PART TWO: TRADE NAME INFORMATION

2.1 Trade Name to Be Registered

Trade Name (DBA): [________________________________]

2.2 Nature of Business

Description of Business Conducted Under Trade Name:

[________________________________]

[________________________________]

2.3 Date of First Use

Date Business First Conducted Under This Trade Name: [__/__/____]

☐ Not yet in use; anticipated commencement date: [__/__/____]

2.4 Business Location(s) in North Dakota

Primary Business Location:

Street: [________________________________]

City: [________________________________] County: [________________________________]

Additional Locations (if any): [________________________________]

PART THREE: NORTH DAKOTA STATUTORY REQUIREMENTS

3.1 Trade Name Registration (N.D. Cent. Code § 47-25-01 et seq.)

Under N.D. Cent. Code § 47-25-01, a "trade name" is defined as any name used to identify a business that is not the full legal name of its owner. Any person or entity engaging in business in North Dakota under a trade name must register that name with the Secretary of State.

Registration Requirements per N.D. Cent. Code § 47-25-02:

The application for registration must contain:

☐ The trade name to be registered
☐ The full legal name and address of the applicant
☐ The type of business entity
☐ The state or country of organization (if not an individual)
☐ A brief description of the nature of the business
☐ The date of first use of the trade name (or intended first use)

3.2 Fictitious Partnership Name (N.D. Cent. Code ch. 45-11)

General partnerships conducting business under a fictitious name must file a Fictitious Partnership Name Certificate with the Secretary of State through the FirstStop business registration portal. The certificate must include:

☐ The fictitious name under which the partnership will transact business
☐ The full legal name and residence address of each partner
☐ The principal place of business of the partnership

3.3 Filing Fees

3.4 Filing Office

North Dakota Secretary of State
600 E Boulevard Avenue, Department 108
Bismarck, ND 58505-0500

Online Filing: https://firststop.sos.nd.gov/

PART FOUR: TRADE NAME REGISTRATION APPLICATION

APPLICATION FOR REGISTRATION OF TRADE NAME

(Pursuant to N.D. Cent. Code § 47-25-01 et seq.)

TO: North Dakota Secretary of State

The undersigned applicant hereby applies for registration of the following trade name:

1. Trade Name: [________________________________]

2. Applicant's Full Legal Name: [________________________________]

3. Entity Type: [________________________________]

4. State of Organization: [________________________________]

5. Applicant's Principal Business Address:

[________________________________]

[________________________________]

6. North Dakota Registered Agent (if applicable):

Name: [________________________________]

Address: [________________________________]

7. Nature of Business: [________________________________]

8. Date of First Use of Trade Name:

☐ In North Dakota: [__/__/____]
☐ Anywhere: [__/__/____]
☐ Intended use (not yet commenced): [__/__/____]

9. Duration of Registration:

Pursuant to N.D. Cent. Code § 47-25-04, this registration shall be effective for a period of five (5) years from the date of registration, subject to renewal.

10. Declaration:

The undersigned declares under penalty of law that all information provided in this application is true, correct, and complete.

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART FIVE: FICTITIOUS PARTNERSHIP NAME CERTIFICATE

(For General Partnerships — N.D. Cent. Code ch. 45-11)

CERTIFICATE OF FICTITIOUS PARTNERSHIP NAME

The undersigned partners hereby certify:

1. Fictitious Name: The partnership will transact business in North Dakota under the fictitious name of: [________________________________]

2. Partners:

3. Principal Place of Business:

[________________________________]

4. Nature of Partnership Business:

[________________________________]

5. Date of Partnership Formation: [__/__/____]

6. This certificate is filed pursuant to N.D. Cent. Code ch. 45-11.

Partner Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Partner Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

PART SIX: OPTIONAL PUBLICATION NOTICE

North Dakota state law does not mandate statewide newspaper publication for trade name registrations. However, certain counties, lenders, or contractual counterparties may require publication. If publication is required or voluntarily elected, use the following form.

PUBLICATION TEXT

NOTICE OF TRADE NAME REGISTRATION

Notice is hereby given that [Legal Name of Registrant], [entity type], has registered the trade name "[Trade Name]" with the North Dakota Secretary of State pursuant to N.D. Cent. Code § 47-25-01. The principal place of business is located at [Business Address]. The nature of the business is [Description].

Registrant: [________________________________]

Date of Registration: [__/__/____]

Publication Checklist

☐ Select a newspaper of general circulation in the county of the principal place of business
☐ Publish notice once per week for [____] consecutive weeks
☐ Obtain Affidavit of Publication from the newspaper
☐ Retain Affidavit of Publication with business records for at least six (6) years

PART SEVEN: RENEWAL OF TRADE NAME REGISTRATION

7.1 Renewal Requirements

Pursuant to N.D. Cent. Code § 47-25-04, a trade name registration is effective for five (5) years from the date of registration. To maintain the registration, the applicant must file a renewal application with the Secretary of State before the expiration date.

7.2 Renewal Timeline

7.3 Renewal Checklist

☐ Calendar the five-year expiration date at least ninety (90) days in advance
☐ Verify that all registration information remains current
☐ File a renewal application with the Secretary of State
☐ Pay the $25.00 renewal fee
☐ Update any changed information (address, ownership, nature of business)

7.4 Consequences of Failure to Renew

Failure to renew the trade name registration before the expiration date may result in:

☐ Administrative lapse of the trade name registration
☐ Loss of any priority or exclusive use associated with the registered name
☐ The trade name becoming available for registration by third parties
☐ Potential inability to enforce rights in the trade name

PART EIGHT: AMENDMENT AND CANCELLATION

8.1 Amendment

If any material information in the trade name registration changes, the registrant must file an amended registration with the Secretary of State. Changes requiring amendment include:

☐ Change in the trade name itself
☐ Change in the registrant's legal name
☐ Change in entity type or state of organization
☐ Change in the principal business address
☐ Change in ownership (for partnerships, change in partners)

8.2 Cancellation

Pursuant to N.D. Cent. Code § 47-25-06, when the registrant ceases use of the trade name, a cancellation must be filed with the Secretary of State:

☐ File a Trade Name Cancellation form
☐ No filing fee required for cancellation
☐ Cancellation is effective upon acceptance by the Secretary of State

PART NINE: PENALTIES AND ENFORCEMENT

9.1 Penalties for Non-Registration

Under North Dakota law, conducting business under an unregistered trade name may result in:

☐ Civil penalties as prescribed by statute
☐ Loss of legal standing: A person conducting business under an unregistered trade name may face obstacles in maintaining legal actions on contracts entered under that name
☐ Administrative sanctions: The Secretary of State may take enforcement action

9.2 False Statements

Any person who knowingly makes a false statement in a trade name registration or fictitious partnership name certificate may be subject to penalties under North Dakota law, including fines and potential criminal sanctions.

PART TEN: NOTARY ACKNOWLEDGMENT (OPTIONAL)

North Dakota does not require notarization for trade name registrations filed with the Secretary of State. However, the following notary block is provided for use where required by local practice or contractual obligation.

State of North Dakota
County of [________________________________]

On this [____] day of [____________], [________], before me, the undersigned Notary Public, personally appeared [________________________________], known to me to be the person who executed the foregoing instrument on behalf of [Entity Name] and acknowledged that he/she executed the same for the purposes therein stated.

Notary Public Signature: _________________________________

Notary Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PART ELEVEN: EXECUTION

IN WITNESS WHEREOF, the undersigned has executed this Trade Name Registration and Notice as of the date set forth below.

Registrant: [________________________________]

Signature: _________________________________ Date: [__/__/____]

Print Name: [________________________________]

Title: [________________________________]

PART TWELVE: FILING INSTRUCTIONS AND CHECKLIST

Complete Filing Guide

Step 1: Determine Filing Requirements

☐ All business entities using a trade name → File Trade Name Registration (Part Four)
☐ General partnerships using a fictitious name → Also file Fictitious Partnership Name Certificate (Part Five)

Step 2: Search for Name Availability

☐ Search the North Dakota Secretary of State business name database at https://firststop.sos.nd.gov/
☐ Confirm the trade name is distinguishable from existing registered names
☐ Consider conducting a federal trademark search at www.uspto.gov

Step 3: Complete and File the Application

☐ Complete the Trade Name Registration Application (Part Four)
☐ If partnership, also complete the Fictitious Partnership Name Certificate (Part Five)
☐ File online through FirstStop portal or by mail to the Secretary of State
☐ Pay the $25.00 filing fee

Step 4: Publish Notice (If Required)

☐ Determine if publication is required by lender, counterparty, or local practice
☐ If required, arrange publication using the form in Part Six
☐ Retain Affidavit of Publication

Step 5: Maintain Records

☐ Retain the filed and stamped registration for a minimum of six (6) years
☐ Calendar the five-year renewal deadline
☐ File amendments promptly upon any material change
☐ File cancellation when the trade name is no longer in use

Sources and References

• North Dakota Secretary of State, Trade Name / Franchise Name: https://sos.nd.gov/business/business-services/trade-name-franchise-name
• N.D. Cent. Code § 47-25-01 et seq. (Trade Names)
• N.D. Cent. Code ch. 45-11 (Fictitious Partnership Name)
• North Dakota Secretary of State FirstStop Portal: https://firststop.sos.nd.gov/
• North Dakota Trade Name FAQs: https://sos.nd.gov/business/business-services/trade-name-franchise-name/north-dakota-trade-name-faqs.html

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a North Dakota-licensed attorney before filing.