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NORTH CAROLINA BUSINESS D/B/A NAMES WILL EXPIRE IF NEW FORM NOT FILED

By: Shawn D. Mercer, Esq.

NORTH CAROLINA BUSINESS D/B/A NAMES WILL EXPIRE IF NEW FORM NOT FILED

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All North Carolina businesses that filed an assumed name certificate (D/B/A) at any time before December 1, 2017, must file a new assumed business name certificate no later than December 1, 2022 in order to keep the assumed business name filing effective.

The North Carolina General Assembly has 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.

Since all certificates filed under the old law will expire on December 1, 2022, businesses must file a new assumed name certificate for all D/B/A names used by the business. The new forms should be completed using current information. The new form must only be filed in one county but can be effective for all 100 counties by checking a box on the form.

The Secretary of State’s statewide database of assumed business names will contain only filings made on or after December 1, 2017. Questions concerning the filing of assumed business name certificates should be directed to your legal advisor.