Filing DBA in North Carolina
Filing DBA in North Carolina
Every new business takes birth from a small idea, but what truly represents a business is its name. Whether you start an LLC, corporation, sole proprietorship, or partnership, every form of company is identified by its name. A “Doing Business As” name or DBA is a type of business name that you can use while starting a business in North Carolina. This guide has been specifically created to provide you with insights into defining a DBA, addressing how to look up a DBA in an NC query, the need for an assumed name, and the procedure to apply for a North Carolina DBA online among others.
Doing Business As or DBA in North Carolina
North Carolina is home to over 994,576 small businesses including sole proprietorships, LLC, and partnerships among others. Whatever the company structure, you will require a business name to register and operate the company. You may choose to use your name (owner’s legal name) like James Walter LLC or use a “Doing Business As” (DBA) name like Walter’s Kitchen & Cafe. If you want to apply for a North Carolina DBA online then it is important to ensure compliance with the requirements as governed by 2020 North Carolina General Statutes, Chapter 66 – Commerce and Business, Article 14A – Assumed Business Name Act. If you are wondering “how do I look up a DBA in NC“, there is a process for this search, but first, it is important to understand when and why a company or an individual should use an assumed name.
What is DBA in North Carolina?
A business name helps define your business and creates an identity amongst the customers, investors, and competitors. There are three types of business names that any company can choose and they are:
- Business owners’ names like Susan Holding Inc.
- Abstract or standard company name like Babbling Brew LLC
- Assumed name or DBA like Jake’s Pie
As the owner of a company, you can choose any type of business name that suits your requirements. Alternatively, if you want to conduct your business under any name other than your name or the legal name of the owner then you can apply for an assumed name. Once you choose an assumed name, filing a DBA in North Carolina becomes necessary. An assumed name is also known as a DBA, a fictitious business name, or a trade name.
One of the important details to remember is that when you choose a DBA, you will need to conduct a trademark registration check to prevent any future trademark infringement issues. To use an assumed name, you can file an NC DBA online application or submit an assumed name application form by mail.
When do you need a DBA?
A wide variety of businesses can opt for filing a DBA in North Carolina. There are several reasons why a company chooses an assumed name or a fictitious name. The underlying reasons could be many but they are mostly driven by the several benefits that one can leverage when they apply for a North Carolina assumed name certificate. Let’s look at some of the common reasons or benefits:
- Complexity and expenses – One of the reasons for choosing a DBA, especially by sole proprietors is to avoid the complex processes and related expenses. This is because when you file an NC DBA online application, you will be able to use a business name without actually having to create a formal LLC or corporation.
- Operate separate businesses – If you want to operate several businesses, especially an LLC or a corporation then ideally you would be required to incorporate or register each of those companies. This is where filing a DBA in North Carolina is beneficial for creating your company without actually registering a new legal entity.
- The easiest way to choose a name – There are different processes for new businesses including the reservation or registration of a business name, which varies from one state to another. When you file an NC DBA online application, the process becomes quite easy with much less paperwork as opposed to the traditional business name reservation. You can use a DBA to open a business bank account.
Filing DBA in North Carolina for an LLC and Corporation
A DBA (doing business as) is known as an assumed name in the state of North Carolina. If you are planning to form an LLC, a sole proprietorship, or even a corporation, then you will need to apply for a business name reservation or registration. Instead, you can simply apply for a North Carolina DBA online. This assumed name will be the DBA or trade name for the said company. There is a specific process to apply for and obtain a North Carolina assumed name certificate, especially for a business corporation or an LLC. The process and fee will also be different from that of the standard business name reservation process and fee.
Do North Carolina DBA Name Search
If you’ve decided to adopt an assumed name for your LLC or corporation, then you need to ensure the name is compliant with DBA laws as well as other state laws. The question most businesses are faced with is “How do I look up a DBA in NC“, and the answer is simple. All you have to do is conduct a DBA name search. This is also known as an Assumed Business Name Search and is facilitated by the website of the NC Secretary of State. It is important to note that you can apply for a North Carolina DBA online only if the search reveals the availability of the said name or if the name is not in use. You can search using only the name or a mix of several options. The options for conducting a DBA search are:
- Name/Number – If you are wondering “How do I look up a DBA in NC” then you can search using any of the following:
- Assumed name
- Name of the owner
- SOSID (Secretary of State ID) number
- Start date/End date – This is used to check assumed names that are already registered.
- Counties to Search – This is used to look up a DBA in a specific county like Brunswick or Cumberland, or you can opt for an all-county search as well.
Let’s look at an example to understand how this works.
Example: Searching by the assumed name is most common for new businesses. If your name is James and you want to conduct a search using the name “James” then it will bring up 3591 records. If you want to search using James in specific counties like Brunswick and Columbus then the search will reveal 84 records. Now, if you search for “James Pharmacy” in all counties then you will find that the said DBA exists. If you change it to “James drugstore” and search again then it shows no records. This means the assumed name is available.
Apart from the above search, it is recommended to conduct a search for federally registered names or trademarks using the Trademark Electronic Search System (TESS). After conducting all types of searches, if the chosen assumed name is available then you can apply for a North Carolina DBA online.
File North Carolina Assumed Name Certificate
Once you conduct a DBA search and if your chosen name is available then the next step is to file the North Carolina assumed name certificate. The 2020 North Carolina General Statutes, Article 14A – Assumed Business Name Act, NC Gen Stat § 66-71.4 (2020) states that if you want to engage in business in North Carolina under an assumed business name, then you will need to register a DBA with the office of the Register of Deeds of the county in which you will be operating your business. This law is applicable for both domestic and foreign companies.
Example: If you want to conduct your business in Wake County, NC then filing a DBA in North Carolina will take place in this county. You will need to file the Assumed Business Name Certificate pursuant to NCGS §66-71.5 with the office of the Wake County Register of Deeds. The fee for filing a DBA in North Carolina is $26.
In Wake County, the NC DBA online application is not available and you will be required to mail the certificate to:
- Wake County Register of Deeds
Attention: Recording
P.O. Box 1897
Raleigh, NC 27602
Alternatively, we can help you to register a DBA or assumed name for your business in the state of North Carolina. The process will require your name to be compliant with the state and county DBA laws. In Wake County, any wrong or false information is treated as a Class 1 misdemeanor. When you apply for a North Carolina DBA online with us, you will benefit from our knowledge of the process as well as laws. We will ensure proper information is provided and this will help you save time and make certain the certificate application is not rejected.
Register your North Carolina DBA with ease!
Managing North Carolina DBA
Once you file an NC DBA online application or file an assumed name certificate, then it will ensure that you can conduct your business within the said county or state. Each county in North Carolina has its own rules and regulations pertaining to a DBA or assumed name. These laws are also applicable for a renewal, changing, or canceling of the assumed name in the jurisdiction where the certificate was filed. Let’s look at the various processes applicable for managing North Carolina DBA in the future.
How to renew North Carolina DBA?
Filing a DBA in North Carolina can be done only with the Register of Deeds of the county in which you want to operate your business. There is no requirement for renewal in the counties.
How to change a North Carolina DBA?
After filing a North Carolina assumed name certificate, you may want to make amendments. Amendment to the certificate is governed by NC Gen Stat § 66-71.7 (2020) and should be filed within 60 days after any changes in the information provided in the assumed business name certificate have taken place. The amendment form can be used for changing assumed business names or other purposes like changing the nature of the business or even the street address of the principal place of business. The amendment fee is $26 in most counties. The amendment form may be different for each county.
How to cancel a North Carolina DBA?
Once you have filed the NC DBA online application, you will be able to operate your business under the said assumed name. At any given point in time, if you want to cancel or withdraw the DBA name then it’s possible through a different process. The process is known as a Withdrawal of an assumed business name and is governed by NC Gen Stat § 66-71.8 (2020). You will be required to file Withdrawal of Assumed Name Certificate along with a fee of $26. The application has to be filed with the Register of Deeds in the county your business is based in.
Need Any Assistance in Filing North Carolina DBA?
The process to apply for a North Carolina DBA online requires you to provide complete and accurate information while being compliant with federal trademark laws and county laws. The process of conducting an assumed name search and adhering to county laws can be quite confusing. IncParadise can gladly assist you with this process. We have expertise and knowledge regarding the North Carolina state and county regulations concerning DBAs and new businesses.
We can help you to apply for a North Carolina assumed name certificate. We also provide additional services that will ensure your other business requirements are fulfilled including getting a tax id, and S corporation status among others.