North Carolina assumed business name filing guide

North Carolina's official term for a DBA is an "assumed business name," and the Secretary of State's Business Registration Division manual confirms that an assumed business name (ABN) is the same as a DBA (doing business as) name.

The governing law is the Assumed Business Name Act, Article 14A of Chapter 66 of the North Carolina General Statutes, which took effect December 1, 2017, replacing the former Article 14 certificate-of-assumed-name system.

Unlike states that split the filing between a state office and county clerks by entity type, North Carolina applies one uniform rule: any person — a definition the statute extends to individuals, partnerships, limited partnerships, limited liability partnerships, limited liability companies, corporations, trusts, and other entities — must file an assumed business name certificate with the register of deeds of the county where the person is or will be engaged in business, and a business operating in multiple counties files in only one of them.

The Secretary of State does not accept these filings; it maintains a statewide, online, searchable database of assumed business name information that each register of deeds must update within 30 days of a filing.

The 2017 law also removed the notarization requirement and allowed up to five assumed business names on a single certificate.

Filing is a public notice measure: the statute states that compliance does not confer any exclusive rights to the use of the name.

The certificate is filed with the county register of deeds, not the Secretary of State.

North Carolina General Statutes § 66-71.11 prints a statutory form titled "Assumed Business Name Certificate (NCGS § 66-71.5)" that is sufficient if substantially followed, and registers of deeds commonly provide the same form.

Under § 66-71.5, the certificate must state the assumed business name (no more than five names per certificate), a real name of the person engaging in business — partnerships other than LPs and LLPs list five general partners or each partner, whichever is fewer — the nature of the business, the street address of the principal place of business (the statutory form notes post office boxes are not acceptable), and each county where the name will be used, which can be all 100 North Carolina counties.

Corporations, LLCs, and limited partnerships must give the exact name registered with the Secretary of State and the SOSID number assigned at formation.

Section 66-71.6 sets who signs: the individual, a general partner, or an officer or manager for corporations and LLCs.

Name choices are restricted — terms like "corporation," "inc.," "LLC," or "limited partnership" are barred unless the entity actually is that type.

The Secretary of State's manual says the forms along with the $26 fee should be returned to your county register of deeds location; the Durham County Register of Deeds, as one example, states a recording fee of $26 per certificate, records certificates Monday through Friday, 8:30am to 4:45pm, and accepts mail at Post Office Box 1107, Durham, NC 27702.

There is no renewal cycle to track in North Carolina. Under G.S.

§ 66-71.12, an assumed business name certificate is effective upon filing and remains in effect until it is withdrawn, and the Durham County Register of Deeds states plainly that certificates filed after December 1, 2017, do not expire or require renewal.

Older certificates filed under the former Article 14 all expired on December 1, 2022, so anyone still operating under a pre-2017 filing should already have re-filed under the current Act.

Changes are handled by amendment: under G.S.

§ 66-71.7, when any information required in the certificate changes — the assumed name, the real name of the person using it, the nature of the business, addresses, or the counties of use — the filer must file a certificate of amendment with the same register of deeds within 60 days of the change.

To stop using the name, G.S. § 66-71.8 allows the filer to withdraw it by filing a certificate of withdrawal in the same office, stating that the person has ceased engaging in business under the assumed name.

The Act carries teeth: signing a certificate the signer knows is materially false is a Class 1 misdemeanor, and failing to file a required certificate or amendment makes the person liable for the reasonable expenses, including attorneys' fees, of anyone injured by the failure.

Start with the free official source.

First, search the Secretary of State's statewide assumed business name database and your county register of deeds records to see what names are already on file — filing grants no exclusive rights, but the search shows the landscape.

Then obtain the Assumed Business Name Certificate form from your county register of deeds (or follow the statutory form in N.C. Gen. Stat.

§ 66-71.11), complete it with the required information, and submit it to the register of deeds in one county where you do business, with the $26 recording fee stated by the Secretary of State's manual and county offices such as Durham County.

If any certificate information later changes, calendar the 60-day amendment deadline, and if you stop using the name, file a certificate of withdrawal.

Corporations and LLCs should confirm their exact registered name and SOSID with the Secretary of State before filing.

If questions remain — for example about name conflicts or entity structure — the Secretary of State's office itself notes that filers needing specific guidance should consult an attorney.

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