When it comes to doing business as in NC, if a company wishes to conduct business with another name, the owner must file a new name, or a trade name, and this would be called a DBA, or “doing business as.” For instance, “Jim’s Hot Dogs, LLC” could also function as “Best Hot Dogs” in the state if the owners filed a DBA. When it comes to North Carolina law, a company seeking to use different names other than its registered version must also submit a DBA. In addition, the business would need to file official papers at the register of deeds of the county where the business operates.

Besides the requirement of a DBA in the state, there are other reasons why a DBA should be officially registered with state officials:

  1. The company’s ability in avoiding fraud or deception allegations
  2. Opening a bank account under the DBA
  3. Instilling confidence among consumers and potential business transactions

When a business, individual, or organization wishes to operate under another name, most U.S. states mandate that the entity file the DBA. Corporations can also register multiple DBAs without creating separate entities, as well.

Assumed Business Name Act

The Assumed Business Name Act mandates that most company types file at the register of deeds in whichever county the business operates. The document also records the following pieces of information for a partnership, individual or corporation. The act specifically notes that a person who engages in business in a state other than a registered name, must also register a separate fictitious name at the register of deeds in the county where the company operates.

Before filing a DBA, the owner should conduct a name search to assess if the name is already registered. Further, it is an owner’s duty to find the data of the state before filing the necessary paperwork. Creating a North Carolina DBA begins with a name search to see if the intended name is already registered in the state. The county-focused registration process may end up with different name guidelines. You should keep in mind the following factors:

  1. No misleading names
  2. Names that are too similar to other business names
  3. Names associating with government agencies
  4. Names must not include “Inc.” if the legal entity is not a corporation

Since the DBA registration process depends on the county, the precise document that’s necessary in each county tends to vary. Therefore, you should get in touch with the county where your business is located to get the forms required for your business. Also, you can visit the county website to find out more information.

North Carolina Requirements

Even though the county-based registration of a DBA depends on the county, North Carolina authorities mandate that the company submit the original name that will take on another name. Also, you should provide the address and your name if you are the owner. If more than a single owner is listed, you must list the address and name of all owners. Obtaining trade names registered via a DBA filing would not change how your business would be taxed.

If you want to incorporate a North Carolina business, you can go to the North Carolina Secretary of State website to find out more. You may also go to this link to get the necessary forms to begin registration. Before registering the DBA, you should conduct a name search to find out if the name is already registered at the deeds office. The deeds office cannot do the search for you, but reps will help you throughout the search. Also, the fee in registering the new name amounts to $26.00 for the first 15 pages, and an additional $4.00 for each page thereafter. All completed documents may be delivered by hand or mailed accordingly.

A North Carolina DBA is registered through the filing of a Certificate of Assumed Name with a county clerk, which records the primary address. The fictitious fee statement depends on the county, and such a statement should be notarized before filing. The assumed name may be registered for any of the following business types:

  1. Partnerships
  2. Sole proprietorship that’s operating under a name that does not contain an owner surname
  3. Incorporated/organized entity in the form of an LLC or corporation that’s operating under a name that’s not the primary name.

To learn more about doing business as in NC, you can post your need, or post your job on UpCounsel’s website. UpCounsel’s lawyers will answer any questions you have about legal entity registration and how you can file other fictitious names legally. In addition, they will defend your rights in court if your business faces litigation in any capacity.