How to Register a Business Name in North Dakota

Updated: October 1, 2023
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Registration of a North Dakota business name can be completed in three ways. You can choose to have your business be its own legal entity by forming an LLC or Corporation or you can file a DBA (also referred to as a Trade Name or Fictitious Name) if you’re a sole proprietor or a general partnership. If you want even more protection for your business name you may also want to consider a federal trademark.

You should register your North Dakota before you complete other business filings like:

  • Registering on the ND Taxpayer Access Point (TAP) website to get a Sales and Use Tax Permit or Income Tax Withholding Account
  • Enroll on UI EASY – North Dakota’s Unemployment Insurance Employer Account System
  • Get any required occupational and professional licenses
  • Obtaining an Employer Identification Number (EIN) from the IRS
  • Establishing a dedicated business bank account

How much does it cost to Register a Business Name in North Dakota?

The cost to register a North Dakota business name varies depending on the type of registration:

  • North Dakota LLC cost: $135
  • North Dakota Corporation cost: $100
  • North Dakota DBA cost: $25

Steps to Registering a Business Name in North Dakota:

  1. Check for Business Name Availability
    2.
  2. Choose a Business Structure
    3.
  3. File your North Dakota Business Name Registration
  4. File a Trademark
    5.

1. Check Business Name Availability

A thorough business name search must be completed after creating a business name (check out our business name guide if you need ideas). Verifying that your desired North Dakota business name is available and not too similar to other names will prevent issues like your registration being rejected or legal conflicts with other businesses. Three types of search should be conducted:

North Dakota Business Name Search Help

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Trademark Search

First, you want to rule out any potential trademark conflicts. Trademarks are federal-level registrations that have legal superiority over state and local registrations, so you need to be sure your business name isn’t trademarked. If you find a match in the U.S. Patent and Trademark Office (USPTO) database, go back to the drawing board and get a new business name. It could save you from a legal headache in the future.

To perform a trademark search, visit the Trademark Electronic Search System (TESS) page. If you find the results hard to understand, use the Free Trademark Search available from Trademark Engine.

North Dakota Business Name Search

Once you’ve confirmed that your business name isn’t protected by someone else’s trademark, the next step is to perform a North Dakota business name search. Utilize the North Dakota Business Search to search the database of registered business names in North Dakota.

Take the time to conduct multiple searches using variations of your business name or employing wildcard characters. This step is crucial because if your chosen business name closely resembles an existing North Dakota business, your business name registration might face rejection.

Pro Tip: It’s possible that a name was registered in the past but is now available if the name expired or the business closed. However, even if the name is now up for grabs, opting for a new name is recommended.

The IRS’s EIN issuance system can encounter difficulties with previously registered names, leading to the notorious EIN Reference Number 101 error. While you can get an EIN under that business name, the process involves calling the IRS and faxing your registration paperwork to an agent to get your EIN. Unless sticking to that name is necessary for you and you’re prepared to tackle potential issues, we recommend considering an alternative business name. Just be aware that it can take the EIN process from a 10-minute or less online process to one that takes multiple calls and hours on the phone.

Website Domain Search

Last, you should look to see if there’s a good domain that matches your business name. If it’s unavailable and your online presence will matter a lot for your business, you may need to consider choosing a new name. If the name you want is available, you should purchase it even if you won’t build a website to prevent others from taking it. You’ll need to own the domain name if you want a professional business email with your business name.

Domain Name and Business Email

You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.

2. Choose a Business Structure

As you begin the registration process for your business name in North Dakota, you’ll need to decide on the most suitable structure for your business. This decision affects the registration process as well as influencing elements like personal liability protection, financing options, and what tax strategies are available to you. You should consider factors such as the number of owners, financial needs, your comfort level with personal liability, and tax considerations. For a more comprehensive understanding, our guide How to Choose a Business Structure offers more detailed information to help you make your choice.

Recommended Business Structure:

If you start as an LLC, you can get the benefits of all 3 other business structures combined together. LLCs provide liability protection and have pass-through taxation, benefits that no other structure has by default. They are easier to maintain and have the option to elect for S-Corp tax status which can save thousands of dollars once your business is making a strong profit.

If you want to start an LLC you might want to consider using a filing service to ensure your filing is done correctly. We’ve reviewed the top LLC service providers to help you decide.

LLC

A Limited Liability Company (LLC) establishes a distinct legal identity for a business under North Dakota law (ND Cent. Code § 10-32.1). It ensures that owners’ personal assets are protected, permits customizable management styles and tax approaches.

Learn More: What is an LLC

LLC Pros

  • Personal liability protection
  • Legally separate entity
  • Default pass-through taxation (business income taxed once)
  • Unlimited number of owners (members)
  • Flexible management – can be run by members or non-owner managers
  • Option for S-Corp tax status

LLC Cons

  • Upfront filing costs
  • Ongoing cost and filings to stay compliant
  • Unable to go public

Do you need to register to be an LLC in North Dakota?

Yes, for your business to be acknowledged as an LLC in North Dakota, you’re required to register with the North Dakota Secretary of State (FirstStop).

Jump to: Register an LLC Name

Corporation

A corporation is a business structure recognized under under North Dakota law (ND Cent. Code § 10-19) as legally separate from it’s owners (known as shareholders). It’s best for businesses interested in attracting external capital and potentially going public.

Learn More: What is a Corporation

Corporation Pros

  • Personal liability protection
  • Legally separate entity
  • Unlimited number of owners (shareholders)
  • Easier to raise capital by selling stock
  • Able to go public
  • Option for S-Corp tax status

Corporation Cons

  • Default double taxation
  • Upfront filing costs
  • Ongoing costs and filings to stay compliant
  • Increased record keeping requirements
  • Strict management structures set by law

Do you need to register to be a Corporation in North Dakota?

Yes, for your business to be legally classified as a Corporation in North Dakota, you’re required to register through the North Dakota Secretary of State (FirstStop).

Jump to: Register a Corporation Name

Sole Proprietor

A sole proprietorship is a one-person enterprise. Easy entry, minor paperwork. The owner’s unlimited liability means it can be risky. Harder to secure loans, raise capital, and sell the business.

Learn More: What is a Sole Proprietorship

Sole Proprietor Pros

  • Easy and inexpensive to start
  • Simple taxes (business income taxed once)
  • Easy to maintain
  • Complete control for owner

Sole Proprietor Cons

  • Unlimited Liability Risk
  • Hard to raise money and get loans
  • Not separate from owner
  • Difficult to sell business
  • No other tax status options

Do you need to register your sole proprietor business name in North Dakota?

If your business name doesn’t include your full name (first and last name), you’ll need to register your business name by filing a “doing business as” name (DBA). For example, if your name is “John Williams” and you work as a plumber, the name “John Williams Plumbing” wouldn’t need to register, but the name “Williams Plumbing” would be required to register.

Jump to: Register a DBA Name

Partnership

A partnership comprises 2 or more owners that share assets, profits, and partners have unlimited liability. Income is passed directly to the partners, who individually report profits or losses on taxes.

Learn More: What is a Partnership

Partnership Pros

  • Easy and inexpensive to start
  • Pass-through taxation (business income taxed once)
  • Unlimited number of owners (partners)
  • Shared business responsibilities

Partnership Cons

  • Unlimited Liability Risk
  • Responsible for partners’ actions
  • Hard to raise outside capital
  • Not separate from partners
  • Difficult to sell business
  • No other tax status options

Do you need to register your partnership business name in North Dakota?

If the business name for a general partnership in North Dakota does not include the last names of all of the business partners, they must file for a “doing business as” (DBA) name, which is officially referred to as a partnership fictitious name certificate. For example, if a business that does marketing consulting operates as a partnership and has three partners named Paul Clark, Brian King, and Brandon Turner, they can use the business name “Clark, King and Turner Marketing” without registering. However, if they want to use a more unique and brandable business name like “InsightEdge Marketing Consultants”, they would need to file a partnership fictitious name certificate (DBA).

Jump to: Register a DBA Name

3. File your North Dakota Business Name Registration

You’ve checked your business name and picked a structure. Now, it’s time to make it official in North Dakota. Follow the appropriate process for your chosen structure outlined below. Note: If you’re starting as a sole proprietor or partner, a DBA is the correct business name registration filing that corresponds to your type of business.

Register a North Dakota LLC Name

Registration of a North Dakota LLC, requires the filing of Articles of Organization with the North Dakota Secretary of State (FirstStop) along with paying a filing fee of $135. Your Articles of Organization requires you provide details about your business, such as:

  • LLC Name
  • Information about the LLC members (owners) and managers (if applicable)
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

North Dakota LLC Name Requirements

North Dakota LLCs must use a name that follows the naming rules outlined in North Dakota law (ND Cent. Code § 10-32.1-11):

  • Must be distinguishable (unique) from all others businesses registered with the North Dakota Secretary of State (FirstStop)
  • Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
  • Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banking, Banker, Trust, Farmering, Farm, Farmer, Insurance

For more in-depth information check out our How to Start an LLC in North Dakota guide, where we cover all the steps needed to form an LLC in full detail.

Want Help Starting a North Dakota LLC?

Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a North Dakota LLC.

Register a North Dakota Corporation Name

Registering your North Dakota Corporation involves submitting Articles of Incorporation to the North Dakota Secretary of State (FirstStop) and paying the requisite $100 filing fee. Your Articles of Incorporation filing needs to contain critical business details, including:

  • Corporation Name
  • Names and addresses of the board of the directors
  • Number and type of authorized shares
  • Business Address (Must be a physical address – PO Boxes not allowed)
  • Name and Address of your Registered Agent

North Dakota Corporation Name Requirements

Corporations in North Dakota are required to use a name that follows the rules detailed under North Dakota law (ND Cent. Code § 10-19.1-13):

  • Must be distinguishable (unique) from all others businesses registered with the North Dakota Secretary of State (FirstStop)
  • Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
  • Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
  • Cannot contain words that imply association with a government entity
  • Cannot contain words that are prohibited or require prior approval such as Bank, Banking, Banker, Trust, Farmering, Farm, Farmer, Insurance

Want to Incorporate in North Dakota?

If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in North Dakota, which covers each step you’ll need to complete to start a North Dakota corporation.

Register a North Dakota DBA (Trade Name or Fictitious Name)

A North Dakota DBA (Trade Name or Fictitious Name) allows a business to operate using a business name that is different than their legal name. To register a North Dakota DBA you’ll need to complete a Trade Name Registration application and submit it to the North Dakota Secretary of State, along with the filing fee of $25. You’ll need to provide the following information:

  • Name and address of Applicant(s)
  • Business Name (Trade Name or Fictitious Name)
  • Address where business is transacted

North Dakota DBA (Trade Name or Fictitious Name) Requirements

The rules for a North Dakota Trade Name or Fictitious Name (DBAs) are not quite as strict as they are for LLCs or Corporations, however there are still restrictions. Mainly, your DBA can’t include designators used for legal entities like “LLC” or “Inc” in the Trade Name or Fictitious Name. DBAs also can’t contain prohibited words or words that imply association with government entities.

Remember, if you’re running a business using any name other than your legal name in North Dakota, registering a DBA is necessary. You cannot maintain any legal action as a business unless your DBA name has been registered pursuant to ND § 47-25-01.

North Dakota DBA Registration Assistance

Get help registering your North Dakota DBA with Swyft Filings. Packages starting at $99 (plus filing fees).

4. File a Trademark (Optional)

If you want more control and protection over your North Dakota business name, you can apply for a trademark. It provides federal-level protection and control over your brand name that extends beyond state boundaries.

You can file a trademark application online by yourself but the process is more complex than a simple filing. A USPTO examining attorney typically takes 7-9 months to evaluate your application. Only at that point will you receive feedback if more information is needed or modifications to your application are needed. Some errors can result in the application being outright rejected.

To make registering a trademark easier, it is recommended that you seek the help of a qualified attorney or a specialized filing service. Their expertise can help you save time and avoid the complexities of submitting an application and following up on it.

Trademark Filing Assistance

Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).

Additional Business Resources in North Dakota

For more help, check out our How to Start a Business in North Dakota guide, or use these resources: