North Dakota Business Name Search: How to Check and Reserve a Name

North Dakota Business Name Search: How to Check and Reserve a Name

North Dakota Business Name Search: How to Check and Reserve a Name

Picking the right business name is one of your first decisions. Before you invest time, money, or effort into branding and marketing, you need to verify that your chosen name is available in North Dakota. This guide walks you through the exact process to search for availability and reserve a name with the North Dakota Secretary of State.

Why You Need to Search for Your Business Name

North Dakota requires that every business entity (LLC, corporation, limited partnership, or any other registered entity) have a unique, distinguishable name on file with the Secretary of State. If another business in the state already holds your chosen name, you cannot use it. Searching first saves you from building a brand identity, ordering materials, or filing paperwork only to find out the name is unavailable.

A business name search also helps you avoid trademark conflicts. While the North Dakota Secretary of State does not check federal trademarks, finding out at the search stage that a name is unavailable is much cheaper than paying for a rebranding campaign later.

What You'll Need

  • Internet access and a web browser
  • Your proposed business name (or a list of options)
  • Knowledge of your business structure (LLC, corporation, sole proprietorship, etc.)
  • A credit card or banking information (if you decide to reserve the name)
  • 10 dollars per year for each name reservation (if you choose this option)

Step 1: Understand North Dakota Naming Requirements

Before you search, know what names are and are not allowed in North Dakota. Requirements vary by business structure.

For Limited Liability Companies (LLCs)

Under North Dakota Century Code Chapter 10-32.1, an LLC name must contain one of the following:

  • The words "limited liability company", or
  • The abbreviation "L.L.C.", or
  • The abbreviation "LLC"

An LLC name cannot contain these words or abbreviations:

  • "corporation" or "corp"
  • "incorporated" or "inc"
  • "limited partnership" or "LP"
  • "limited liability partnership" or "LLP"
  • "limited liability limited partnership"

You cannot use the word "limited" or "company" by itself unless it is part of the LLC designation. The name must be expressed in standard English characters and must not imply a business purpose your company is not organized for.

For Corporations

A corporation name must contain the word "corporation", "incorporated", "company", or an abbreviation such as "Corp." or "Inc.". Names must be distinguishable from all other registered corporations, LLCs, limited partnerships, and other entities in the Secretary of State's records.

For Sole Proprietorships and Partnerships

If you operate under a name different from your legal name, you are using a trade name (also called a DBA, or "doing business as" name). Trade names follow simpler rules but must still be registered and renewed every 5 years.

Step 2: Conduct Your Business Name Search

The North Dakota Secretary of State operates the FirstStop business filing portal. Use it to search for your proposed name.

How to search online

  1. Go to the North Dakota Secretary of State business search portal at https://firststop.sos.nd.gov/search/business.
  2. In the search field, enter your proposed business name exactly as you plan to register it.
  3. Click "Search".
  4. Review the results. The system will show if any registered or reserved names match or closely resemble your choice.
  5. If your name appears in the results, it is not available. If no results appear, it may be available, but availability is not guaranteed until you file and receive approval.

What the search results mean

The search checks the North Dakota Secretary of State's database for existing registrations and reserved names. A "no results found" message does not mean your name is approved. It means no exact or very similar names are currently registered. A name can still be rejected if:

  • It does not meet North Dakota naming requirements for your business type
  • It contains confusing or misleading language
  • It is too similar to an existing name (exact matches are not required for rejection)
  • It implies a business purpose your company is not formed for

Search multiple variations of your name if you have flexibility. For example, search both "Green Earth LLC" and "GreenEarth LLC" to ensure both options are available.

Step 3: Reserve Your Business Name (Optional but Recommended)

If your search shows the name is available and you have confirmed it meets North Dakota requirements, consider reserving it. A name reservation holds your chosen name for 12 months while you prepare to file your business formation documents. Reservation is optional but recommended if you are not ready to file immediately.

How to reserve a name

  1. Return to the FirstStop portal at https://firststop.sos.nd.gov/.
  2. Select "Name Reservation" from the filing options.
  3. Enter your proposed business name exactly as it will appear on your formation documents (with LLC, Corp., or other designator).
  4. Select your business structure type (LLC, corporation, limited partnership, etc.).
  5. Pay the name reservation fee of $10 using a credit card or debit card through the portal.
  6. Submit your reservation. You will receive a confirmation number by email.

Name reservation costs and timeline

A name reservation costs $10 and lasts for 12 months. You can renew it for successive 12-month periods for the same fee if you are not yet ready to file your formation documents. This gives you a year to plan, secure financing, or handle other startup tasks without risk that someone else will register your chosen name.

Processing time for a name reservation is typically about 5 business days, though the Secretary of State publishes no official guarantee. To confirm current processing times, call the North Dakota Secretary of State Business Services office at (701) 328-2900.

Step 4: Verify Your Name Meets All Requirements

Before you file your formation documents (Articles of Organization for an LLC, Articles of Incorporation for a corporation, etc.), double-check that your name meets all North Dakota rules.

Common mistakes to avoid

  • Forgetting the LLC or Corp. designation. An LLC name must include "LLC", "L.L.C.", or "limited liability company". A corporation must include "corporation", "incorporated", or an abbreviation. Leaving this out causes the Secretary of State to reject your filing.
  • Using words that conflict with your structure. You cannot file an LLC with the word "corporation" in the name, or a corporation with "LLC". The Secretary of State will catch this and return your filing.
  • Misspelling or changing the name between search and filing. If you search "BlueSky LLC" but file as "Blue Sky LLC", you are filing a different name and may encounter an availability conflict or rejection.
  • Including special characters. Names must be in standard English characters. The Secretary of State will not accept names with symbols, accents, or non-English letters.
  • Choosing a name that implies a business purpose you do not have. A name that says "Accounting" but your business is a retail store will be rejected. Keep your name aligned with your actual business.
  • Assuming a name is yours after the search. An available name in the search is not yours until you file your formation documents and the Secretary of State approves them. Two businesses can submit applications for the same name on the same day, and the first one processed wins.

Step 5: File Your Formation Documents

Once your name is reserved and you are ready to establish your business, file your formation documents through FirstStop. The filing fee and processing time depend on your business structure.

For an LLC, filing costs $135 and typically takes about 5 business days. For a corporation, filing costs $100 and also takes about 5 business days. When you file, include your reserved name exactly as it appears on your reservation confirmation.

If You Need a Trade Name (DBA)

If you are a sole proprietor or an existing business operating under a name different from your legal business name, you must register that name as a trade name with the North Dakota Secretary of State.

Trade name registration costs $25. Amendment of a trade name registration costs $25. Renewal (required every 5 years) costs $25. Trade names are simpler to register than LLCs or corporations, but they do not provide liability protection and must be renewed regularly to remain valid.

What to Expect After Filing

After you submit your formation documents with your business name, the Secretary of State reviews them for compliance with North Dakota law. If approved, you will receive a confirmation and your formation documents become effective (or effective on a future date you specify). Your business name is now officially registered and no other business can use the same name in North Dakota.

Processing typically takes 5 business days for both name reservations and full formation filings, though this can stretch longer during peak season. If you need faster processing, FirstStop offers expedited options, though the Secretary of State does not publish expedited fees or timelines on its website. Contact Business Services at (701) 328-2900 to ask about current expedited options and costs.

After Your Name Is Registered: Maintain It

Once your business name is registered as an LLC or corporation, you must maintain it and renew it as required. Annual reports are due every year (November 15 for most business LLCs, April 15 for farming or ranching LLCs). Failure to file your annual report results in late fees and can lead to termination of your registration.

If you registered a trade name (DBA), you must renew it every 5 years. The renewal process is simple: return to FirstStop, pay the $25 renewal fee, and resubmit. Without renewal, your trade name registration expires and you lose the exclusive right to that name in North Dakota.

Next Steps After Name Search and Reservation

Once your name is confirmed available and reserved (if you chose reservation), your next steps are to:

  • Prepare your formation documents (Articles of Organization for an LLC or Articles of Incorporation for a corporation)
  • Decide on your business structure and understand the tax and liability implications
  • Research whether you need a registered agent (required for LLCs and corporations in North Dakota)
  • Determine if you need any professional licenses or permits for your industry
  • Register for federal employer identification (EIN) with the IRS if you plan to hire employees or operate as a partnership
  • Consider consulting a qualified attorney or accountant if you are unsure about business structure, tax treatment, or naming requirements

Important Disclaimer

This article is informational only and does not constitute legal, tax, or business advice. Business name requirements and registration rules can change, and specific situations may have unique requirements. Before finalizing your business name or filing any documents, consult with a qualified attorney licensed in North Dakota or a CPA who specializes in business formation. They can advise you on the best structure for your business, ensure your name complies with all North Dakota requirements, and help you avoid costly mistakes.

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