How do I file an Assumed Business Name Certificate for LA Catering in Wilson, NC?

Lashawnon asked: “I cater cold and hot food and beverages from home, all made to order. I am developing my catering business and need my license. What do I do to get that?”

Hi Lashawnon, LA Catering sounds like a promising venture. In North Carolina, registering "LA Catering" comes first, and the state calls that filing an Assumed Business Name Certificate. Below you will find how North Carolina treats a business name, whether a newspaper notice is involved, and the other registrations LA Catering needs.

Picture the label on a catering order: LA Catering is a business name, and in North Carolina an Assumed Business Name Certificate puts that name on record when it differs from your legal name. Publication in a newspaper is not required there. A food license is a different matter from the name, and cooking at home, preparing food made to order, adds rules of its own, so treat the food side as its own project once the name is settled. A DBA gives you the name only, with no liability protection, so if you expand to larger events, an LLC is worth considering. Your name will be on every invoice.

How North Carolina handles a business name

In North Carolina, a business name other than your own legal name is registered as a Assumed Business Name Certificate, which you will also hear called assumed name, DBA, or trade name. Any person, including an LLC, corporation or partnership, doing business under a name other than its real name must file one before starting; for an entity, that means any name other than the one in its formation filing.

Newspaper publication: North Carolina does not require this name to be published in a newspaper.

How long it lasts: A certificate has no expiration and stays in effect until it is withdrawn, but changes must be reported by amendment within sixty days.

What LA Catering needs

1. Assumed Business Name Certificate – Filing an Assumed Business Name Certificate for "LA Catering" ties the name to you as the owner, which lets customers, vendors, and banks know who stands behind it.
2. Name check – Before you file, search for the name: look for similar registered names where you operate, and check that the web address and social media handles are available. A registered DBA is public notice that you use the name, but it does not give you exclusive rights; a trademark does.
3. LLC (limited liability company) – A DBA creates no separate legal entity and no liability protection; an LLC keeps business debts and lawsuits separate from your personal home and savings. Suppose guests at a lodge dinner come down with food poisoning; the claims point at the catering company, and the LLC keeps your retirement savings out of reach. If you form the LLC under the exact name LA Catering LLC, the LLC filing itself protects that name and you will not need a separate DBA for it. Once profits grow, an LLC can elect S corporation tax treatment; ask a tax adviser when the numbers justify it. Non-US residents can own an LLC too; the EIN application simply follows a different path.
4. EIN (federal tax ID number) – The federal tax ID number (EIN) identifies the business for taxes. Banks usually ask for it, along with your name registration, when you open an account under a DBA.
5. North Carolina sales and use tax certificate of registration – You will be selling taxable goods, so register to collect sales tax before your first sale. It also lets you buy inventory for resale without paying tax on it.
6. Business license – Governments license businesses so they can collect a modest tax and keep inspectors checking safety. Plan on a local business license for LA Catering in Wilson. Home-based businesses often need a home occupation permit as well, which can limit customer visits, employees, and how much inventory you keep at home.
7. Catering or food service permit – Most states require caterers to prepare food in an approved, permitted kitchen.
8. Food protection manager certification – Many areas require a certified food protection manager in your business.

By the numbers: Banks, insurers, and tax forms will ask for your industry code. For a private chef and catering service it is NAICS 722320 (Caterers). That makes 8 items on your list.

Tip: Ask whether your state lets private chefs cook in a client's kitchen or requires a licensed commercial kitchen for all prep.

To recap: LA Catering in Wilson, NC needs an Assumed Business Name Certificate, a name check, an LLC, an EIN, a sales tax permit, a business license, catering or food service permit, and food protection manager certification. Check them off one by one and you will open with confidence.

We can file your business name registration and the other paperwork for you: start here.