Is it time to re-archive?Assumed Business Name Submitted Before Dec 1 Jan 2017 Due Dec 1 Jan 2022 | Brook Spears

What is the assumed company name?

Business entities such as sole proprietorships, partnerships, corporations, and LLCs often conduct business under a “supposed” name, which is usually the name the public associates with the entity. The assumed business name is often called “DBA”, “d/b/a” or “doing business as”.

Has my company’s assumed business name expired?

If you submitted an assumed company name before December. January 1, 2017 and not refilled since then, your assumed business name will expire in December. January 1, 2022, must be updated to remain active.

Why was the assumed business name filed before December? 1. Expires in 2017?

Effective December 2017 On January 1, 2017, the North Carolina Legislature amended North Carolina General Statutes Chapter 66, Section 14A. These amendments establish an online state database with presumptive business name filings, allow companies to designate multiple counties to conduct business in one filing, eliminate notarization requirements, and establish a sixty (60) day period to amend after a business change information on the filing entity and allow filers a 5-year transition period to refile their pre-existing presumptive business name filing. The five-year transition period ends in December. 1st of this year, so any filer who wants their assumed company name to remain valid will have to re-file.

Where do I need to re-declare to keep my company’s assumed business name valid?

If this year’s December 1, 2022 expiry applies to you, you will need to re-filing at your local deeds registry. When submitting, you will need an original signed copy of your entity’s assumed business name certificate.

Any business operating under a pseudonym in the state must file a pseudonymous business name certificate with the deeds registry in the county in which the business operates. If multiple counties are involved, filing is now only required in one of the counties. The applicable county’s register of deeds is responsible for indexing putative business names filed in that county.

What happens if I don’t resubmit in time?

If the putative business name of your business entity expires this year and you do not resubmit it in time, the putative business name will be considered abandoned. If you plan to continue using your assumed business name, you must submit a new assumed business name certificate.

How long will the new assumed business name filing be valid?

According to NCGS ยง 66-71.12, a presumed business name certificate is valid at the time of submission until revoked. No further hypothetical business name filing is required (unless there is a need for amendment).

When do I need to amend my hypothetical company name filing?

Your business entity’s assumed business name filing will need to be revised if any of the following changes occur:

  • Change the assumed company name
  • Real-name additions or deletions of individuals or entities conducting business under a pseudonym
  • Changes in the nature of business
  • Change of street address or principal place of business
  • change mailing address
  • Add or remove counties that conduct business under a pseudonym

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