Things to Know Before Filing an Assumed Business Name Certificate
- The way your business is structured affects taxation, legal and financial liability as well as decision-making authority. Before selecting a business structure, consult your attorney and/or accountant as each structure carries with it unique legal and tax consequences. Use this site to complete an Assumed Business Name Certificate and file it electronically with the local Register of Deeds office.
- This site will create an assumed business name certificate on the “New Form” required beginning December 1, 2017. This is the required form for all new filings. If you filed an Assumed Business Name Certificate prior to December 1, 2017 you are required to file again using the “New Form” before December 1, 2022.
- The created assumed business name certificate will be electronically signed by you. Once you have submitted credit card information to pay the state mandated recording fee and the online convenience fee, your certificate will be delivered to the local Register of Deeds office for recording. When your document is successfully recorded, you will receive an emailing that will include a copy of the filed certificate.
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What is the cost of filing an assumed business name certificate?
The state mandated fee for recording this document in the Register of Deeds office is $26.00
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What is the convenience fee for recording this document electronically through this site?
Courthouse Computer Systems, INC provides this site to enable you to file the certificate electronically and pay via credit card. They charge a small convenience fee of $15.00 for this service.
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How soon after I submit my assumed business name certificate will it be processed?
Requests submitted online are processed on a first-come, first-serve basis during normal business hours at the local Register of Deeds office.
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What is the purpose of the assumed business name certificate?
The assumed business name certificate is intended for the registration of business names other than the legal name of an individual or legal entity. For example, if John Smith, as a sole proprietor, operates a lawn care business under the name “Smith Lawn Maintenance”, he must file an assumed business name certificate to register the name “Smith Lawn Maintenance” as his assumed business name.
Likewise, if John and Jim Smith operate a lawn maintenance business under the name “Smith Brothers Lawn Maintenance” as general partners, then they must register the name “Smith Brothers Lawn Maintenance” as their assumed business name.
Any type of business entity, such as limited liability companies, business corporations, limited partnerships, or non-profit corporations that wishes to conduct business under a name other than the one that they have registered with the NC Secretary of State’s office must file an assumed business name certificate to register their assumed business name.*
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Who should not file an assumed business name certificate?
The Assumed Business Name Certificate should be used by anyone, including individuals, businesses and legal entities, seeking to do business in the State of North Carolina using a name other than their own legal name.
This form should not be used for political committees or referendum committees who must file a statement of organization with either the State Board of Elections or a County Board of Elections per GS 163-278.7 or GS 163-278.9.*
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Where will my assumed business name be filed?
Your assumed business name certificate will be filed in your local register of deeds’ office. Your certificate will be recorded and indexed in that county. It will also be uploaded to a statewide database of assumed business name information housed at the NC Secretary of State’s office.
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7) Do I have to file an assumed business name certificate in each county that I want to conduct business?
No, beginning December 1, 2017 your certificate can be effective for multiple counties. When you file, you have the option of selecting all 100 counties, or you may list one or more counties in which you want to do business.*
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Do I have to pay multiple filing fees if more if I choose to conduct business in more than one (1) county?
No, the filing fee is not affected by how many counties in which you choose to operate. You pay the same fee if you name one or 100 counties on your assumed business name certificate.*
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What if someone else is already using the name I intend to use?
Assumed business names are not required to be unique; therefore it is likely that more than one person or entity could register the same assumed business name. Registering an assumed business name in North Carolina (Article 14A , Chapter 66 of the NC General Statutes) does not give the filer the exclusive rights to the use of an assumed business name. However, you could be subject to legal action if you choose an assumed business name that is already being used by someone else. We strongly recommend that you consult with an attorney to explore your legal liabilities in use of an assumed business name.*
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What if I already have an assumed name filed? I heard that the law has changed – do I have to re-file to keep my name registered?
Yes, if you filed any time before December 1, 2017, you must file a new assumed business name certificate after December 1, 2017 and no later than December 1, 2022 in order to keep your assumed business name filing effective.
The NC General Assembly revised the assumed business name laws, which can be found in Article 14A, Chapter 66 of the NC General Statutes. The new law requires that all assumed business name filings filed in the local register of deeds’ offices must be compiled into a statewide centralized online searchable database at the NC Secretary of State’s office. To ensure that all assumed business name information is contained in the statewide database, the law allows a 5-year transition period to give all businesses using an assumed name adequate time to re-file their assumed business information before the old filings expire on December 1, 2022.*
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I filed my assumed business name certificate under the old law and some of that information has changed . Can I amend my old filing or should I file a new assumed name certificate on the new form?
Since all certificates filed under the old law will expire on December 1, 2022, you should file an assumed name certificate on the new form. This site will file your assumed name certificate using the new form. You should complete the form using current information. You only need to file in one county and may designate as many NC counties as you would like for the filing to be effective.*
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I filed an assumed business name certificate after December 1, 2017, but now some of the information on that certificate has changed. What do I do?
Once you have filed an initial certificate after December 1, 2017, then you can amend the information on that form by filing an Amendment of Assumed Name Certificate form. You must include the SOSID number that was assigned to your initial filing for your assumed business name certificate, which you can easily find by searching the NC Secretary of State’s database.
NC Secretary of State’s database
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What if I cease to do business under this assumed name? What should I do?
If you cease doing business under an assumed name, you should file a Withdrawal of Assumed Name Certificate in the same county as your initial filing. You must include the SOSID number that was assigned to your initial filing for your assumed business name certificate, which you can easily find by searching the NC Secretary of State’s database.
NC Secretary of State’s database
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Where do I get a certified copy of an assumed business name certificate? Do I go to the register of deeds or to the NC Secretary of State’s office?
You should get certified copies of assumed business name filings from the register of deeds’ office where the information was filed. While the NC Secretary of State’s office compiles information from across the state, it is not considered the official source of these records. *
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* This content has been extracted from the NC Secretary of State’s office website.
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