In December 2017, North Carolina enacted the Assumed Business Name Act to address a variety of issues surrounding assumed business names, commonly referred to as DBAs. Notably, the Act created a statewide database of existing assumed business names, and simplified the filing process by allowing multiple counties to be listed on a single assumed name certificate, replacing the prior system which required a separate certificate to be filed in each county where the assumed name would be used.

The Act also required existing assumed names to be re-filed within 5 years of the Act taking effect. This December will mark 5 years since the Act took effect.

How does this affect you?

If you are operating under an assumed business name, and you filed your assumed name before December 1, 2017, then your assumed business name certificate will expire and be deemed invalid on December 1, 2022. You must re-file a new Certificate of Assumed Business name on or before December 1, 2022 to keep doing business under your assumed name.

The assumed name certificate is filed with the Register of Deeds in the county where your business operates. You have the option to select all North Carolina counties, or any combination of counties, on your certificate filing. The certificate must include:

1. The assumed business name.

2. A real name of the person engaging in business under the assumed business name.

3. The nature of the business.

4. The street address of the principal place of business.

5. Each county where the person uses or will be using the assumed business name to engage in business.

If you filed your assumed name certificate after December 1, 2017, or if you initially filed prior to December 1, 2017 but have re-filed since that time, you will not need to take any action.

Please note that the state will not send a formal notice or announcement of this impending deadline, so we suggest being proactive and re-filing your assumed name certificate as soon as possible.

For help with your small business needs, contact the Elon Law Small Business & Entrepreneurship Clinic at businessclinic@elon.edu.