Changing Your Business Name in North Dakota | A Step-by-Step Guide

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Change North Dakota Business Name

In North Dakota, change is inevitable in today’s dynamic business environment. One such change that a business may undergo is a change in its name. A business owner might change their name for numerous reasons, even when starting an LLC in North Dakota. Whatever the reason, changing a business name in North Dakota can be a complicated process. Still, it’s essential to do it right to avoid potential legal issues and ensure a smooth transition. This comprehensive guide will walk you through the steps to successfully Change a Business Name in North Dakota.

Webinarcare Editorial Team will help you change your business name when necessary. You must be guided by all the factors gathered in this article.

How to Change a Business Name in North Dakota

Before Changing Your Business Name in North Dakota

Before you embark on the process of changing your business name, there are several considerations to keep in mind:

  • Research: Ensure that your new business name in North Dakota is unique and not already in use by another company in North Dakota. To avoid potential trademark infringement, you can conduct a preliminary search using the United States Patent and Trademark Office (USPTO) database.
  • Notify Stakeholders: Inform your employees, customers, suppliers, and other stakeholders about the upcoming name change to avoid confusion and ensure a smooth transition.
  • Update Marketing Materials: Revise your marketing materials, such as your website, business cards, signage, and social media profiles, to reflect the new North Dakota business name.
  • Consider the Impact on Existing Contracts and Agreements: Review your existing contracts and agreements to determine if they will be affected by the name change. You may need to renegotiate these contracts or obtain new ones under the new North Dakota business name.

You should also amend the North Dakota Articles of Organization and the operating agreement once you have changed your business name. The information should be up to date so your North Dakota business won’t have any legal problems in the future. Check out the Best Trademark Services in North Dakota to know whether your desired business name is available.

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How to Change a Business Name in North Dakota

Depending on the kind of business entity you have, several processes may be involved in changing your business name in the North Dakota. Here is a detailed explanation of each business structure:

Changing your company name in North Dakota is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in North Dakota. The name conventions may change depending on the type of corporate structure. The business must adhere to the following rules while changing the company name:

  • It should be possible to utilize the name.
  • Any other businesses do not use the name.
  • If the new entity is a limited liability company, the name must include “LLC.“
  • The name should be distinct from any governmental agency or institution, including banks and treasuries.

If you decide to start an LLC, read about the North Dakota Business Name Search to check if your desired business name is available. Let’s now examine the procedures for changing the company name:

It is suggested that you speak with a legal professional before you begin changing your business name. They’ll understand what’s best for you and your company. To have an easy process for naming your LLC, you can alwasy hire the Best LLC Services for your business.

– WEBINARCARE EDITORIAL TEAM

Step 1: Choose a New Name For Your Business

You must decide on a new name before officially changing your business name in North Dakota. Conduct thorough research to ensure the new name is unique, memorable, and represents your company’s values and services. You should also ensure that another business in North Dakota does not already use the new name to avoid legal issues and customer confusion.

Some tips for choosing a new business name include:

  • Brainstorm a list of potential names and ask for feedback from friends, family, employees, and customers.
  • Consider the potential impact of the new name on your existing customers, partners, and vendors.
  • Research the availability of relevant domain names and social media handles to ensure a consistent online presence.

Before proceeding with the name change process, ensuring your chosen name is available in North Dakota is essential. You must conduct a name search through the North Dakota Secretary of State Business Records Search to do this.

If your desired name is already in use or too similar to an existing business name in North Dakota, you must choose another name and repeat the search process. However, you can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for a DBA (doing business as) in North Dakota. In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person.

However, before filing a DBA, you should know that you need to renew your DBA for up to five years, which costs $25.

In North Dakota, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 1 year. You must file a name reservation application with the North Dakota Secretary of State to keep the name. 

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Step 2: Prepare Documents to File the Amended Certificate of Authority

After choosing a new business name in North Dakota, you must begin putting together the Amended Certificate of Authority as soon as you are prepared with the new North Dakota business name. You must send the following information with the name change form: 

  • Current company name
  • New company name
  • Members’ (LLC) or Shareholders’ signatures (Corporation)
  • North Dakota filing fee for amendments
  • The business’s entity number, as provided by the state of North Dakota
  • Board of Directors expression of approval (for corporations)
  • Details about shares (if applicable)

When registering a new business name with the North Dakota Secretary of State, you must provide the list of information indicated above. Ensure the information you offer for the Amendment corresponds to the initial filing materials. Please do so to avoid the registration being canceled.

Step 3: File the Amended Certificate of Authority

Once you’ve confirmed that your new business name is available, you must file the necessary paperwork with the North Dakota Secretary of State’s office to change your business name officially. This process typically involves filing an amendment to your company’s Articles of Incorporation for a corporation or Articles of Organization for an LLC, depending on your business structure.

To file the amendment, you’ll need to:

  1. Obtain the appropriate amendment form from the North Dakota Secretary of State.
  2. Fill out the form with the required information, including your current business name, new business name, and any other required details.
  3. Pay the filing fee, which may vary depending on your business structure and North Dakota regulations. In North Dakota, amendment cost is $50.00.
  4. Submit the completed form and payment to the North Dakota Secretary of State’s office, either by mail or online, depending on your North Dakota’s filing options.

Once your amendment has been processed and approved, your business name will officially be changed in North Dakota.

Things to do After Filing the Amended Certificate of Authority

Additional considerations in filing the Amended Certificate of Authority in North Dakota.

After changing your business name, there are a few additional steps you may need to take:

  • Update your EIN: If your business has an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), you may need to notify the IRS of the name change. You can do this by writing a letter to the IRS or completing and submitting Form 8822-B.
  • Update your Business License: If your business operates with a business license, you must update the license with the new business name. You can do this by filing North Dakota business license and paying an application fee ranging from $50 – $300.
  • Notify the North Dakota Department of Labor and Workforce Development: If your business has employees, you will need to notify the North Dakota Department of Labor and Workforce Development of the name change.
  • Update your Local Tax and Business Registrations: Depending on your local jurisdiction, you may need to update your local tax and business registrations with the new business name.

Why Change Your Business Name?

There are various reasons why a  business owner might want to change their business name. These can include:

  • Rebranding: If your current North Dakota business name no longer reflects your products or services, rebranding can help revitalize your company’s image and attract new customers.
  • Expanding or Refocusing: Your business may have evolved over time, and the original name may no longer accurately represent the scope of your operations.
  • Merger or Acquisition: If your business merges with another company or is acquired, a name change might be necessary to reflect the new owner or combined services.
  • Legal Issues: If your business name infringes on a trademark or is too similar to another company’s name, you may need to change it to avoid legal disputes.
  • Improved Marketability: A new business name in North Dakota can be more memorable, easier to pronounce, or better suited to your target audience.

How Long Does Changing The Business Name Take?

The time it takes to change a business name can vary depending on factors such as the North Dakota’s processing times, the method of submission (online or by mail), and whether all necessary information and fees have been submitted correctly. Generally, once you have submitted the required paperwork and fees to the North Dakota Secretary of State, it can take a few days to several weeks for the name change to be processed and approved.

What Happens If I Don’t Update the Website or Stationery?

If you change your business name in North Dakota but do not update your website, stationery, or other marketing materials, you may face several potential issues:

  • Customer Confusion: Your customers may need clarification about the change in the business name and may not recognize that your company is the same one they have previously done business with. This confusion could lead to a loss of trust and potentially a loss of customers.
  • Inconsistency in Branding: When your business name is inconsistent across all platforms, including your website and stationery, it can negatively impact your brand image. Not updating your marketing materials may make your company appear unprofessional or disorganized, which could harm your reputation.
  • Legal Issues: Depending on North Dakota regulations, you may be legally required to update your marketing materials with your new business name. Failure to do so could result in penalties or fines. Additionally, if you use a trading name or DBA (Doing Business As) name, you may need to register that name separately with the appropriate government authority to avoid legal issues.
  • Communication Problems: Please update your website and stationery with your new North Dakota business name to avoid issues. Clients, vendors, and other partners may not recognize the new name and may not associate it with your company, leading to missed opportunities and potential misunderstandings.

To avoid these potential issues, updating your website, stationery, and all other marketing materials as soon as possible after changing your North Dakota business name is essential. This ensures that your customers know the change, maintains consistency in your branding, and helps prevent legal or communication.

If I Have a Foreign LLC, Can I Change the Name Aside from the Original Name?

Yes, if you have a foreign LLC in North Dakota (a limited liability company formed in one state but doing business in another state), you can change the name of the foreign LLC. 

FAQs

How do I change my business name in North Dakota?
To change your business name in North Dakota, you need to file an Amendment to Articles with the Secretary of State.
What is an Amendment to Articles in North Dakota?
An Amendment to Articles in North Dakota is a legal document that is used to change or update certain information in a corporation’s official formation paperwork filed with the Secretary of State.
Can I use my new business name right after filing the Amendment to Articles in North Dakota?
Yes, you can use your new business name immediately after the Amendment to Articles is filed and approved by the Secretary of State in North Dakota.
What is the fee for changing the business name in North Dakota?
The fee for changing the business name in North Dakota is $50.
How long does it take to change a business name in North Dakota?
It takes about 5-7 business days to process an Amendment to Articles and change a business name in North Dakota.
What happens to my old business name after I change it in North Dakota?
Your old business name will still be recorded in the public records, but it will be noted as not currently in use alongside your new business name in North Dakota.
What if my business name change is rejected in North Dakota?
If your business name change is rejected in North Dakota, you will have an opportunity to correct it and resubmit the Amendment to Articles.
Can I change my business name to anything I want in North Dakota?
You need to ensure that your new business name is available and does not violate any existing trademark laws or other restrictions when changing the business name in North Dakota.
Do I need to reapply for licenses and permits after changing my business name in North Dakota?
Yes, you need to update your licenses and permits after changing your business name in North Dakota.
Can I have both my old and new business name displayed on my signage in North Dakota?
You can have both business names displayed together on your signage in North Dakota, but it is best to consult a local attorney to ensure compliance with state regulations.
Do I need a lawyer to change my business name in North Dakota?
You are not legally required to hire a lawyer to change your business name in North Dakota, but it is advisable to have an attorney review legal paperwork before submission.
Is the Amendment to Articles required for sole proprietorships and partnerships in North Dakota?
No, the amendment process is not required for sole proprietorships and partnerships in North Dakota. They can simply start doing business under a new name.
How can I check if my new business name is available in North Dakota?
You can check if your new business name is available in North Dakota by searching the entity name database on the Secretary of State’s official website.
Can I change my LLC’s name in North Dakota by amending the operating agreement?
An LLC’s name can only be changed in North Dakota by amending the articles of organization, not the operating agreement.
Can I change my North Dakota business name to a name that is already in use in another state?
No, you cannot change your North Dakota business name to a name that is already in use in another state.
Can I change my business name online in North Dakota?
Yes, you can change your business name online in North Dakota through the SOSBiz online business portal.
Can I change my North Dakota business name over the phone?
No, you cannot change your North Dakota business name over the phone. You need to file the Amendment to Articles with the Office of the North Dakota Secretary of State.
Can I add words to a business name when changing it in North Dakota?
Yes, you can add words to a business name when changing it in North Dakota through an Amendment to Articles.
Should I notify my customers and vendors of my business name change in North Dakota?
Yes, you should notify your customers and vendors of your business name change in North Dakota at the earliest opportunity.
Can I change my business name back to the original name after filing a name change in North Dakota?
Yes, but you will need to file another Amendment to Articles with the North Dakota Secretary of State and pay the applicable fee.
Can I use an informal name or acronym instead of the full business name on official North Dakota documents?
No, you need to use the full business name on official North Dakota documents.
Can I change a business’s trade name in North Dakota?
Yes, you can change a business’s trade name in North Dakota by filing an Amendment to Articles.
Does changing a business name in North Dakota affect its designation as “LLC,” “corporation,” or “nonprofit”?
No, changing a business name in North Dakota does not affect its legal designation as an LLC, corporation, or nonprofit.
Are online forms available for changing a business name in North Dakota?
Yes, online forms are available for changing a business name in North Dakota on the Secretary of State’s official website.
Will my North Dakota business ID number change when I change my business name?
No, your North Dakota business ID number will remain the same when you change your business name.
Can I change my business name in North Dakota without disrupting my business operations?
Yes, you can change your business name in North Dakota without disrupting your business operations as long as you go through the Amendment to Articles process.
Is changing a business name the same as filing a DBA in North Dakota?
No, changing a business name in North Dakota is not the same as filing a DBA (Doing Business As).
Does changing my business name in North Dakota affect my business tax ID number?
No, changing your business name in North Dakota does not affect your business tax ID number.
Can I change my business name more than once in North Dakota?
Yes, you can change your business name more than once in North Dakota by filing additional Amendments to Articles, each with its own filing fee.
How much does it cost to change my business name in North Dakota?
The fee to change your business name in North Dakota is $25.
How long does it take to change my business name in North Dakota?
It typically takes around 5-7 business days for the North Dakota Secretary of State to process your Articles of Amendment.
Can I reserve a new business name before changing my current business name in North Dakota?
Yes, you can reserve a new business name for up to 120 days by filing a Name Reservation Application with the North Dakota Secretary of State.
Do I need to get a new EIN if I change my business name in North Dakota?
No, you do not need to get a new EIN or reapply for any other tax IDs when you change your business name in North Dakota.
What if my business name change is rejected by the North Dakota Secretary of State?
You will receive notification as to why your filing was rejected and will then have the opportunity to correct any issues and resubmit your filing.
Can I change my business name to a trade name in North Dakota?
Yes, you can change your business name to a trade name, which is an assumed or fictitious name that is different than your legal name.
Can I change my LLC name in North Dakota?
Yes, if you have an LLC, you can change the name of your company by filing Articles of Amendment with the North Dakota Secretary of State.
Can I change my corporation’s name in North Dakota?
Yes, if you have a corporation, you can change the name of your company through the filing of Articles of Amendment with the North Dakota Secretary of State.
What do I need to include in my Articles of Amendment to change my business name in North Dakota?
You should include your current business name, your new business name, and any additional information that the North Dakota Secretary of State requires.
Can multiple businesses have the same name in North Dakota?
No, multiple businesses cannot have the exact same name in North Dakota.
How can I search for existing North Dakota business names?
You can search for existing North Dakota business names using the North Dakota Secretary of State’s online name search tool.
Can I change my business name over the phone in North Dakota?
No, you cannot change your business name over the phone in North Dakota. You must file Articles of Amendment with the North Dakota Secretary of State.
Will changing my business name affect my North Dakota business license or permits in any way?
No, changing your business name should not affect your North Dakota business license or permits, but you should still notify any relevant authorities of the change.
Can a non-US citizen change their business name in North Dakota?
Yes, both US and non-US citizens can change their business name in North Dakota.
Can I change the type of my business when I change my name in North Dakota?
No, changing your business name in North Dakota does not change the structure or type of your business.
Can I change my business name and address at the same time in North Dakota?
Yes, you can change your business name and address at the same time in North Dakota by filing Articles of Amendment with the North Dakota Secretary of State.
Will any other state agencies need to be notified when I change my business name in North Dakota?
Yes, you may need to notify other state agencies, such as the North Dakota Department of Revenue or your industry-specific licensing board.
How long do I have to wait to change my business name again in North Dakota?
There is no waiting period to change your business name again in North Dakota, but you will need to file Articles of Amendment and pay the associated fees again.
Will I need to update my North Dakota business records when I change my business name?
Yes, you will need to update your North Dakota business records, including any existing contracts, licenses, leases, or agreements.
Can I trademark my new business name in North Dakota?
Yes, you can trademark your new business name in North Dakota.
Can I reserve a domain name for my new business name before changing it in North Dakota?
Yes, you can reserve a domain name for your new business name before changing it in North Dakota, but you may not be able to use the name until it is officially registered with the North Dakota Secretary of State.
Will I need to change my invoicing and billing when I change my business name in North Dakota?
Yes, you will need to update any invoicing and billing materials to reflect your new business name in North Dakota.
Can I change my business name and keep the same North Dakota business identification number (BIN)?
Yes, you can keep the same North Dakota business identification number (BIN) when you change your business name.
Will my North Dakota business name change affect my business credit score?
No, your North Dakota business name change should not affect your business credit score, but it’s always a good idea to keep your credit reports up to date.
How can I update my logo and other branding materials after changing my business name in North Dakota?
You may need to hire a graphic designer or marketing agency to help you update your logo, advertising, and other branding materials after changing your business name in North Dakota.

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Conclusion

Changing your business name in North Dakota can be a strategic decision that helps your company evolve and remain competitive. By following the steps outlined in this guide and conducting thorough research, you can ensure that your business name change is completed legally and efficiently. Remember to notify all relevant stakeholders, update your marketing materials, and revise any contracts or agreements to reflect the new business name.

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