What is an Intended Business Name?
Business entities such as sole proprietorships, partnerships, corporations, and limited liability companies often do business under the name of an “assumption,” which is the name that the general public often associates with a legal entity. The assumed business name is often referred to as “DBA”, “d/b/a”, or “doing business”.
Has my company’s assumed business name expired?
If you submitted your assumed business name before December 1, 2017 and have not re-submitted since then, your assumed business name will expire on December 1, 2022, and must be renewed to remain active.
Why are presumptive business names registered before the December 1, 2017 deadline?
Effective December 1, 2017, the North Carolina Legislature amended Article 14A, Chapter 66 of the North Carolina General Statutes. These revisions established an online state database of proposed business name records, allowed companies to designate multiple counties to conduct business in a single file, eliminated the notarization requirement, and provided for a sixty (60) day period to update a file following changes in the business. Entity information, and filers are allowed a 5-year transition period to refile their existing business name registrations. That 5-year transition period expires on Dec. 1 of this year, so any filer who wants their trademark to remain effective must re-register.
Where do I fill in to activate my company’s intended business name?
If this expiry date of December 1, 2022 applies to you, you will need to resubmit at your local Register of Deeds office. To file, you’ll need an original, signed copy of your business name certificate.
Any business doing business in this state must have a certificate of business name of the assumed business name in the office of the Register of Deeds of the county in which the business is conducted. If there are multiple counties, filing is now required in only one of those counties. The Register of Deeds for the relevant county is responsible for issuing business names registered in that county.
What happens if I don’t resubmit in time?
If your business’s assumed business name expires this year and you don’t file it in time, the assumed business name will be considered abandoned. If you intend to continue using the assumed business name, you will need to submit a new assumed business name certificate.
How long will a new hypothetical business name registration be effective?
Certificates of trade name deemed under NCGS § 66-71.12 are effective upon registration and until withdrawn. No additional proposed business name documents are required (unless circumstances arise that require modification).
When should I update my proposed business name?
If any of the following changes occur, your business’s estimated business name entry will need to be adjusted.
- Proposed business name change
- Addition or deletion of the real name of a person or entity engaged in the business of an assumed trade name
- Change in the nature of the business
- Change of street address of principal place of business
- Change of postal address
- Addition or deletion of territories in which a proposed trade name is used in business
