February 19, 2021

Assumed Names

ASSUMED BUSINESS NAMES IN NORTH CAROLINA

IMPORTANT NOTICE OF LAW CHANGE

NEW REQUIREMENTS FOR FILING CERTIFICATES OF ASSUMED BUSINESS NAMES

EXPIRATION OF FILED CERTIFICATES OF ASSUMED NAMES

North Carolina law requires individuals, limited and general partnerships, limited liability companies, corporations, and other persons that engage in business in the state under an assumed name to file a certificate with a Register of Deeds in a county in which the person or entity will be engaging in business.

EFFECTIVE DECEMBER 1, 2017, certificates must comply with content and execution requirements specified in the statutes for a certificate of assumed business name. The requirements are different than they were for a certificate of assumed name recorded under the prior law.

Amendments to and withdrawals of certificates of assumed business names also must comply with new content and execution requirements.

Certificates of assumed business names and amendments to and withdrawals of them will be transmitted into a statewide, central database maintained by the N.C. Secretary of State, which will be available for searches by the public. A single registration can be effective for multiple counties. The Secretary will maintain a website for this purpose here.

The Secretary will assign an identification number (SOS ID) to each assumed business name that is recorded, to which amendments and withdrawals must refer.

Compliant blank forms are available from the Register of Deeds upon request and may be downloaded from EDPNC Small Business Advisors.

Certificates of assumed names filed under the prior law will EXPIRE DECEMBER 1, 2022.  Someone desiring to engage in business in N.C. under the assumed name after that date must file an assumed business name certificate in the new form.

FOR DETAILS ABOUT THE FILING REQUIREMENTS FOR ASSUMED BUSINESS NAME,

AMENDMENTS, AND WITHDRAWALS REVIEW

N.C. Session Laws 2016-100 and 2017-23

(codified at article 14A of chapter 66 of the N.C. General Statutes)