An Important DBA Update

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Assumed business names filed before December 1, 2017 expire on December 1, 2022 and must be renewed to stay active.

North Carolina law requires individuals, partnerships, limited liability companies, corporations, trusts, and other persons that engage in business in this state under an assumed name (also called a DBA) to file a certificate in the office of the Register of Deeds of the county in which the individual or entity is or will be engaged in business.

Beginning December 1, 2017, the State of North Carolina adopted a revised set of laws governing assumed business names. New Article 14A, Chapter 66 of the NC General Statutes keeps the filing of assumed business name certificates at the Register of Deeds offices across the state but adds the following new features:

  • Establishes a statewide, online, searchable database at the North Carolina Secretary of State's office containing assumed business name filings made on or after December 1, 2017
  • Allows filers to designate multiple counties for conducting business on one filing
  • Simplifies completion of certificates by removing the notarization requirement
  • Requires that filers update the information contained in their assumed business name filings within sixty (60) days of it changing
  • Allows for a 5-year transition period, until December 1, 2022, for all pre-existing assumed business name filers to re-file an assumed business name certificate to preserve the effectiveness of their assumed business name designation.

Any assumed business name certificate filed prior to December 1, 2017 will expire on December 1, 2022.  If a business with an assumed name registered prior to December 1, 2017 desires to continue operating in North Carolina under that name after December 1, 2022, the business must file a new assumed business name certificate. Once that new certificate is filed, no renewal filings will be required with regard to the applicable assumed name, unless the certificate needs to be amended or terminated.

Compliant assumed business name forms are available for download from the Economic Development Partnership of North Carolina and the Secretary of State websites. For more information about the renewal of the assumed business names, please contact one of our attorneys.

This article is for educational purposes only and is not intended to give, and should not be relied upon for, legal advice in any particular circumstance or fact situation. No action should be taken in reliance upon the information contained in this article without obtaining the advice of an attorney.