North Carolina DBA
Your North Carolina DBA Guide
If you’re operating a business in North Carolina and you’re using a name that isn't your legal business name, you'll need to register that name as a North Carolina DBA (assumed business name). A DBA is like a nickname for your business. All types of businesses, from North Carolina sole proprietorships and general partnerships to LLCs and corporations can use DBAs to conduct business. DBAs can be used to market your service or products on social media, add a new brand, set up a point-of-sale system, or open a business bank account. North Carolina DBAs cost $26, never expire, and are registered in the county where your business operates. Here’s what you need to know.
Your North Carolina DBA Guide:
What is a North Carolina DBA?
A North Carolina DBA—which stands for “doing business as”—allows you to operate your business under a different name than your legal business name. For example, if you own a business called “Three Brothers Roofing and Siding, LLC,” but you add window installation as a service, you might use a DBA to operate as “Three Brothers Exterior Construction.” You’ll be able to use your DBA on your website and social media accounts, on physical advertising materials like business cards, hats, and mugs, and to open a business bank account.
It’s important to remember that a DBA is just a name for your business and not a business itself. With a DBA, you’ll still file taxes under your legal business name and existing EIN (or SSN for most sole proprietors).
Will a DBA protect my privacy?
No, a DBA is just a name that your business can use for branding. North Carolina’s DBA application requires the name or names of a business owner, manager, or member to be listed. A DBA won’t shield this information from prying eyes. Your best option if you’re concerned about privacy is to hire a North Carolina registered agent and to form a North Carolina LLC. When you hire Northwest, we’ll let you list our name and address on the public record (where allowable) instead of yours. We do this to keep your information out of the public eye, and to help you live privately as a business owner.
North Carolina Trade Name Registration
Why Register a North Carolina DBA?
There are plenty of reasons to register a North Carolina DBA (assumed business name). Here are a few of the most common:
You’re a North Carolina Sole Proprietor
Without a DBA, sole proprietors are required to include the owner’s full name in their business name. Many sole proprietors choose to get a DBA so they don’t have to do business under their own name, helping to give their business a more professional (or cooler) name and image that better describes their products or services. For example, if Sally Jones is a sole proprietor with a business tutoring kids in math, she might want a catchier name for her business.A DBA lets Sally operate her business as “Sum of Us.” instead of her own name. Sally can use her DBA to advertise online, or to open a business bank account, allowing her to accept payment under her DBA.
You Want a New Business Name
DBAs aren’t just for sole proprietors. Formal businesses like LLCs and corporations can use them if they decide to change focus or expand services. For example, imagine you have a dog-sitting business, “Davidson Dog Sitting, LLC,” but you plan to offer dog training as a new service. If you feel that your legal business name no longer encompasses all that your LLC offers, a DBA can give your business a new name. Registering “Davidson Dog Sitting and Training” as your DBA allows you to market your entire business to customers, without having to start a whole new LLC or amend your LLC’s legal name.
You Use Your Domain Name as Your Business Name
If you’re only using your domain as an address for your business website, you won’t need a DBA. However, if you’re using your domain name as your customer-facing business name (for example, if customers are writing checks addressed to your domain name) you’ll need to register your DBA.
Hot Tip: Registering a North Carolina assumed business name won’t guarantee that another business won’t use it. For stronger legal rights to your DBA, you can apply to trademark it at the federal level. Here’s how to apply for a trademark.
How to Register a DBA in North Carolina
North Carolina law (N.C. Gen Stat § 66-71.4) requires any business that uses a name that is different from its legal name to register that name with the state. We’ll show you how.
Your assumed business name must be unique among North Carolina business names. This means that you’ll need to search North Carolina’s Assumed Business Name database to make sure no one else has registered your preferred name. You’ll also want to search all other registered business names at the Secretary of State’s (SOS) business name database.
Additionally, you can check trademarked names at the state and federal level with North Carolina’s Trademark Search and the US Patent and Trademark Office’s Trademark Electronic Search System (TESS).
Now that you’ve confirmed the name you want is available, you’ll want to make sure it complies with state naming guidelines. North Carolina state law (N.C. Gen Stat. § 66-71.1) dictates that your assumed business name can’t use business entity suffixes, including “LLC,” “Inc.,” “Incorporated,” “Limited Liability Company,” “Partnership,” “Limited Partnership,” etc. unless your business is registered as one of those entities.
Your name also can’t be overly similar to any other registered name in North Carolina, nor can the name be deceptive in terms of the services or products offers. For example, your DBA will be rejected if you try to register your interior design company as “Department of the Interior” because it may lead the public to believe your business isa government agency.
For more information on North Carolina naming guidelines, check out the SOS’s Feasibility of Name page.
Once you’ve made certain that no other business in North Carolina is using your DBA, it’s time to register it with the county or counties where you do business. Assumed business name registrations are managed on a county-by-county basis, but they all use the same Assumed Business Name Certificate. The information you’ll need to complete your certificate is:
- Assumed business name being registered.
- Real name of person or entity registering the assumed business name. Corporations, LLCs and limited partnerships will need to provide their North Carolina SOSID number that was assigned at formation.
- Nature of the business (ex: jewelry making).
- Street address of the principal place of business (PO Boxes are not acceptable).
- Mailing address, if different from the street address.
- Counties where the assumed business name will be used. You can also, at no added cost, check the “All 100 North Carolina counties” box if you think your business might do business in multiple counties. (Note: If you expand your business to a county that you didn’t list, you’ll have to file an amendment later).
- Signature, date, and title of the person filling out and submitting certificate.
You’ll submit your certificate to your county’s Register of Deeds office, which you can find by searching the North Carolina Association of Registers of Deeds map. In most counties, certificates can be filed online, by mail, or in person.
Registering a DBA vs. Starting a Business in North Carolina
Registering a DBA is not the same thing as starting a business in North Carolina.
There are two ways to start a business:
- Sell a product or service
To start an informal business, like a sole proprietorship or general partnership, the only thing you need to do is sell a product or service. Keep in mind that depending the type of business you conduct, you may need to get state or local business licenses. - Register your business with the state
To create a business entity like an LLC or a corporation, you’ll need to file formation documents (Articles of Organization or Incorporation) with North Carolina’s Secretary of State and pay a $125 filing fee. There are also annual report filings and fees to consider.
DBA vs. LLC in North Carolina
A DBA is a name that a business can use to operate under a name that isn’t its legal business name. A North Carolina LLC is a legal business entity, and registering one creates distinct legal separation between the business and the owners of the business. Because of this legal separation, if an LLC gets sued or defaults on a debt, the owners’ personal assets usually can’t be seized to settle the debt. Getting a DBA for your LLC name doesn’t change the nature of your LLC, and it doesn’t mean youra DBA is its own business. Likewise, if you’re a sole proprietor, you’re still a sole proprietor even if you have a DBA. A DBA on its own doesn’t provide any legal rights or protections to business owners.
Whether you want an LLC or just a DBA basically boils down to what you’re looking for as a business owner. If you’re a sole proprietor and you just don’t want to do business under your own name, a DBA might be all you want. However, if you’re interested in protecting your personal assets (401k, savings, car, home), an LLC is what you need. Northwest can help you get one.
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North Carolina DBA FAQs
Only if you plan to use a name that differs from your legal business name. North Carolina law requires any business that uses a name different from its legal name to register that name with the state.
$26.
Processing times vary by county. For example, Dare County processes online filings the same day they’re received, as long as you file before 4:30pm. Some counties only accept registration in person or by mail, which means processing may take longer.
No, North Carolina DBAs are perpetual.
Yes you can. You’ll need to file an Amendment of Assumed Business Name Certificate in the county where you originally registered your assumed business name. Amendments cost $26.
Yes. You’ll need to file a Withdrawal of Assumed Business Name Certificate in the county where you originally registered your assumed business name. Canceling your DBA costs $26.
No. Getting a DBA doesn’t create a new business, so you’re not required to get a new bank account. However, there are some reasons why you might prefer to open a new bank account for a DBA. For example, to keep your business finances separate from your personal finances as a sole proprietor.
No. A DBA is just a name for doing business, not a new entity. But if you have a multi-member LLC, corporation, or any other business with employees, you will need to get an EIN from the IRS.
North Carolina law allows for a limit of 5 DBA names listed per registration. This means that you’ll need to fill out another Assumed Name Certificate if you plan to have more than 5 DBAs. But there is no limit to the overall number of DBAs you can register.
Yes, but you must sign your legal business name as well. Since a DBA is just a name and not a legal entity, you’ll need to use the legal name of your business in order to enter into any contract. However, you should include your DBA alongside your legal name, to be transparent about the connection between your business and the DBA.
Your legal business name is the name that appears on your business’s government documents (state filings, tax filings, etc.).
• Formal entities like LLCs and corporations list their legal business name on their state formation documents. This includes the entity identifier (“Company Name, LLC,” “Company Name, Inc.,” etc.).
• For sole proprietors, a business’s legal name is its owner’s legal name.
For general partnerships, a business’s legal name is either the partners’ last names or a name the partnership has given itself in a written partnership agreement.
