Conduct an entity search to check the availability of your desired North Dakota business name. This search will save you time and money in the incorporation process.
You’re preparing to form a limited liability company (LLC) in North Dakota and have most of the pieces in place. You know who you’ll use as a registered agent, and you’ve even come up with a business plan. Now, you just need a business name. This is where things can get tricky.
The North Dakota Secretary of State will hold the name of your LLC on file, and that name needs to be unique to your business. Swyft Filings makes that easy to check with our North Dakota business name search tool, which you can use in three simple steps:
Tell us your desired business name (along with some basic personal details).
Wait to receive an email from us (it takes up to one hour) to tell you if the name is available.
Move forward with your formation documents.
The tool is free and will save you from wasting time trying to register a business under a name already in use. To save you even more time, this article examines North Dakota’s entity name conventions and the steps your small business should take after it confirms name availability.
Key Takeaways
The abbreviations you use in your business name must match your entity type in North Dakota.
A business name search can save you time and money, especially when it comes to filing fees for formation documents.
North Dakota’s FirstStop online service allows you to submit almost any form related to your business.
Your LLC can operate under a trade (or fictitious) name in North Dakota if you file the appropriate forms.
North Dakota’s Business Name Conventions
Thankfully, you’re not left to navigate the murky waters of naming your LLC alone, as these North Dakota Secretary of State rules should give you a good idea of what conventions to follow when running a business name search.
Rule 1 — Sole proprietorships and partnerships often don’t need to worry about names
According to the Chamber of Commerce website,[1] the state of North Dakota doesn’t require you to file your name with the state’s Department of Commerce if you have a sole proprietorship business entity. The same often goes for partnerships, though this isn’t a hard rule in this entity’s case.
There’s no need to file because most of these business entities use the owners’ names as their business names. For example, you may be a freelance content writer named “John Smith” who forms a sole proprietorship under your name. As that name likely isn’t unique (and it’s your given name), you don’t need to make it distinguishable from other business names.
Rule 2 — LLCs and corporations must use appropriate naming conventions
Assuming you’re forming a corporation or LLC, you must assign an appropriate suffix to your business name.
For LLCs, these suffixes are as follows:
Limited liability company
LLC
L.L.C.
Corporations must use one of the following:
Corporation
Corp
Limited
Inc
Company
It’s crucial to note that you can’t misrepresent the nature of your business entity in your name. For instance, a North Dakota corporation can’t call itself “North Dakota Real Estate, LLC” because the use of “LLC” makes the reader assume that the business is a limited liability company.
Similarly, a North Dakota LLC can’t call itself “North Dakota Real Estate, Inc.” because the name implies a corporation.
Rule 3 — The name must be distinguishable and legal
Assuming you meet the requirements in the above two rules, your next task is to make sure your business name is distinguishable. In other words, the name has to be unique to your company and can’t be the same (or deceptively similar) as the name of another business operating in North Dakota.[2]
The state also has rules related to the filing of trade names and fictitious names. Both are allowable, though neither can be an official business name. Instead, you must file for these names using separate forms, as detailed below in the “DBA” section.
Finally, you can’t choose a name that implies your business has a purpose other than what’s stated in your Articles of Organization or Articles of Incorporation. For example, you can’t call your company “North Dakota Real Estate, LLC” and start trading under that name to work in another industry, such as manufacturing. Failing to follow these naming rules may make it impossible for you to achieve good standing in the state.
Benefits of a North Dakota Entity Search
With naming conventions being so strict (and essential to follow if you want to incorporate your business successfully), it’s crucial that you conduct a North Dakota business entity search. That simple search will help you to get your LLC in good standing with the state. But it offers additional benefits you may not recognize, at least at first.
1 — Saves you time and money
As part of your business registration, you file forms with the Secretary of State to define your company’s name, purpose, and primary personnel. These business records require you to pay a filing fee (i.e., $135 for an LLC’s Articles of Organization[3]).
Imagine trying to file under a business name already used in the state. Your attempted registration gets denied, and you’ve just poured money down the drain. You’ll then have to complete the form all over again, which takes time that an entrepreneur may not have when trying to form a business.
A quick business name search allows you to check name availability, so you don’t waste time and repeatedly pay state fees.
2 — Confirms your name matches your business structure
As mentioned above, North Dakota has rules about the suffixes used in a business name. Those suffixes must match your company’s entity type. Otherwise, your attempted registration gets rejected. In other words, if you use the wrong abbreviations, you end up wasting your money on formation documents that aren’t viable.
A good entity search should alert you to problems with your business name beyond matching another company’s. Ideally, it also tells you if you’re attempting to use a name only viable for a corporation when you have an LLC or vice-versa.
3 — Keeps you away from similar names
Sometimes, a name similar to yours may be as much of a problem as one that exactly matches it. Similarity creates the risk of confusion, which can be a problem when branding or if the other business is involved in something with which you want no association.
An advanced search may reveal names that sound like yours and provide evidence of whether those other companies are in good standing. Use that information to choose a business name that isn’t likely to get confused with another entity.
Next Steps
Your North Dakota entity search reveals whether the business name you’ve chosen for your LLC is viable. Finding a name and getting it ready to use for your North Dakota business are two different things. Follow these three steps after confirming availability to secure your name.
Complete Your Name Reservation
As great as it is to confirm the name availability for your LLC, that thrill can quickly dissipate if you wait too long and allow another company to take the name. That’s a common problem for businesses, which often settle on a name several months before they complete their formation documents.
Name reservation is the solution to this problem. In return for a $10 fee (and form completion), you can reserve your business name for up to one year under North Dakota’s state laws.[4]
You can file a name reservation form (along with most other business-related documents) online using North Dakota’s FirstStop service. This service also allows you to carry out a North Dakota business name search if you want to confirm your Swyft Filings search results.
If you wish to file by mail, you can download the form from FirstStop and send it, with a check for $10, to the following address:
Secretary of State
State of North Dakota
600 E Boulevard Ave, Dept 108
Bismarck, North Dakota 58505-0500
Choose a Domain Name
Your North Dakota entity search reveals name availability, and your name reservation secures the name for a year. That gives you plenty of time to set up the other aspects of your business, such as your website.
Before building a website for your North Dakota business, you must check if a suitable domain name is available. This name is like a web user’s portal into your site because it’s the URL they’ll type to reach your company online.
Consider a DBA
A “doing business as” (DBA) name, also referred to as a “Trade Name,” is like a pseudonym for your business. It allows you to operate under a separate name you create, even if it doesn’t match your company’s official business name.
For example, you have a North Dakota LLC for an online record store that you’ve officially named “North Dakota Music Holdings, LLC.”
North Dakota Music Holdings, LLC, isn’t the most branding-ready name globally. You can use a trade name to get around that fact, allowing your online record store to operate under a different name associated with your official name, even if it doesn’t match.
You must file a form for each fictitious name you use (available via FirstStop and the North Dakota.gov website), where you offer the following details:
The name you wish to use
Whether the trade name is associated with a franchise
Who’ll use the name
The names, Social Security numbers, and addresses of all of your company’s owners
The form costs $25 to file,[5] with that fee being payable for each name you want to use. You can send it via mail to the following address, assuming you don’t submit it online:
Secretary of State
State of North Dakota
600 E Boulevard Ave, Dept 108
Bismarck, North Dakota 58505-0500
File Your LLC Online
Following those steps, you’ve successfully found an available business name using a North Dakota entity search and reserved that name for your LLC. You’re now one step closer to forming your new North Dakota LLC.
If you’re ready to take the next step — submitting formation documents — Swyft Filings is here to help. We offer an LLC filing service that costs $0 (plus state fees) and will have you up and running quickly. Existing business owners aren’t left out; we can help with other filing requirements, such as annual reports and business name changes.
FAQs
How do I find out if a business name is available in North Dakota?
Use Swyft Filings’ free online business name search or the state of North Dakota’s business entity search tool.
How to apply for a business name in North Dakota?
You can apply to reserve a business name through the Secretary of State for up to a year. To take official ownership of that name, you must complete formation documents for your company.
How do I find a business entity in North Dakota?
North Dakota’s Business Search tool helps you find any business entity in the state.[6]
How much does a North Dakota business entity search cost?
It costs nothing to search for a business entity in North Dakota using the Business Search tool or Swyft Filings’ entity search tool.
How do I start an LLC in North Dakota?
You must submit Articles of Organization with the North Dakota Secretary of State to start an LLC in North Dakota or trust an online filing service to send the necessary forms off for you.
Is there a cost to get a business license in North Dakota?
You don’t need a general business license to transact in North Dakota, meaning most companies don’t have to pay anything. However, those operating in regulated industries (such as childcare) may need to purchase a license.
How do I file a trademark in North Dakota?
You can file for a trademark or service mark registration using the FirstStop service.[7]
Bibliography
Chamber of Commerce. “North Dakota Business Name Search.” Accessed May 16, 2023.
North Dakota Legislature. “Uniform Limited Liability Company Act.” Accessed May 16, 2023.
Secretary of State North Dakota. “LLC Fees.” Accessed May 16, 2023.
Official Portal for North Dakota State Government. “Name Availability and Disclaimer.” Accessed May 16, 2023.
Secretary of State North Dakota. “Trade Name Registration or Franchise Name Disclosure.” Accessed May 16, 2023.
Secretary of State North Dakota. “Business Search.” Accessed May 16, 2023.
Secretary of State North Dakota. “Trademark/Service Mark.” Accessed May 16, 2023.
