Are you planning to start a small business or run a sole proprietorship in North Carolina? You may want to consider using a “doing business as” (DBA) name to make your business appear more professional and memorable. In this guide, we’ll explain how to get a dba name in north carolina and what steps you need to take to protect your business name.
What is a DBA Name in North Carolina?
In North Carolina, a DBA name is a “fictitious” or “assumed” business name that you can use to conduct business without setting up a legal entity (like a corporation or LLC). DBA names are helpful if you want to operate under a different name than your personal name (like “Jane’s Eco Cleaning”) or if you want to operate a second business beyond your primary business.
Generally, DBA names in North Carolina must be distinguishable from existing business names and registered with the North Carolina Department of the Secretary of State. Once your DBA name is approved, you can use it for a variety of business purposes, including marketing materials, advertisements, invoices, and taxes.
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Step 1. Choose a DBA Name
Before you register a DBA name, you need to research and choose a name that’s available and unique. Your DBA name should be descriptive of your business but also easy to remember. Check if your desired name is already in use by searching the North Carolina Secretary of State’s Business Registration Search tool or the Trademark Electronic Search System (TESS) database.
Restricted Words
North Carolina law prohibits using certain words or phrases in a DBA name, including:
- “Bank,” “trust,” and related words
- “Insurance”
- “Electric,” “power,” and related words (unless you’re providing public utilities)
- “University,” “college,” and related words (unless approved by the North Carolina Board of Governors)
Other words may be restricted or prohibited depending on your industry. For example, if you operate a legal or medical practice, your DBA name should comply with professional and ethical standards.
Step 2. Register the DBA Name
Once you've chosen a DBA name, you need to register it with the North Carolina Department of the Secretary of State. You can complete the registration process online or by mail. Here are the steps you’ll need to follow:
Step 1. Verify Your Eligibility
To register a DBA name in North Carolina, you must be at least 18 years old and not be disqualified or restricted by law from doing business. If you’re using a DBA name for a partnership or association, all parties must be listed as owners. If you’re using a DBA name for a sole proprietorship, you need to include your full name and address.
Step 2. Choose a Business Type
Depending on your business type, you may be required to register your DBA name in different ways. Here are the most common business types and the registration requirements for each:
#Sole Proprietorship or General Partnership
If you’re a sole proprietorship or general partnership, you need to file a Trade Name Registration form with the county in which you plan to do business. You also need to publish your DBA name in a general-circulation newspaper in the county for at least once a week for three consecutive weeks. After the third week, you’ll receive an affidavit of publication from the newspaper, which you must file with the county clerk.
#Corporation or LLC
If you’re a corporation or LLC, you need to file Articles of Incorporation or Articles of Organization with the North Carolina Secretary of State. You do not need to register a separate DBA name, as your corporation or LLC is already registered with the Secretary of State.
Step 3. Complete the Application
You can register your DBA name online or by mail using the appropriate North Carolina “Certificate of Assumed Name” form. The form requires the following information:
- Your full name and address
- Your registered business address
- Your chosen DBA name and description of the business activity
- A list of all owners or partners (if applicable)
- A signed signature and notary acknowledgement
Step 4. Pay the Fee
The filing fee for a DBA registration in North Carolina depends on the county in which you file. Most counties charge between $25 and $50 for the initial registration and annual renewal. You can pay the fee online or by check or money order payable to the county in which you file.
Step 5. Wait for Approval
Once you’ve completed the application and paid the fee, you need to wait for approval from the North Carolina Secretary of State. The approval process can take up to one week by mail or one business day online. If there are any issues with your application, you’ll receive a letter or email communicating the problem.
Protect Your DBA Name
After you’ve registered your DBA name, you may also want to consider trademarking the name to further protect it. Trademarking your business name makes it easier to stop others from using your name, logo, or slogan in commercial activities. To do so, you need to file a trademark application with the United States Patent and Trademark Office (USPTO).
In addition to trademarking your DBA name, you should also register your business with the North Carolina Department of Revenue and obtain any necessary licenses and permits. Doing so will ensure you’re in compliance with state and local regulations and avoid any potential legal issues down the line.
Conclusion
Getting a DBA name in North Carolina may seem like a daunting task, but by following the steps outlined in this guide, you can get up and running with a proper business name. Make sure you choose a unique name, follow county and state registration requirements, and protect your name using trademark and legal registration. With your new DBA name, you’ll be one step closer to building a successful business in North Carolina.
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