How to Change Business Name in South Dakota

Changing a business name can give your company a new lease on life, but following the correct legal procedures is essential to ensure a smooth transition. The name is the first identity of your business. If you run it for a while and then decide to change, you must update the new name everywhere. In South Dakota, popularly known as The Mount Rushmore State, the process of modifying your business name can be quite straightforward, provided you adhere to the necessary rules and regulations.

You must follow some steps and regulations while changing your business name. For example, if you start an LLC in South Dakota, you must follow specific regulations the South Dakota state government sets. The current population of the so-called The Mount Rushmore State is 908,414. Changing the name of your existing business in any city (especially in the capital, Pierre) might affect your business reputation and existing customers adversely. Hence, before you change the name of your business, make sure the decision is rightfully taken.

Technically, the process of changing your business name in South Dakota involves three major steps. In this article, I have shared how to change a business name in South Dakota. To learn everything about changing a business name, I recommend you read the whole article till the end.

On this page, you’ll learn about the following:

Reasons to Change a Business Name in South Dakota
- Things to Consider Before Changing Your Business Name in South Dakota
How to Change a Business Name in South Dakota
Things to do After Filing the South Dakota Amendment
FAQs

Reasons to Change a Business Name in South Dakota

Rebranding: A business may want to change its name in South Dakota to reflect the new brand identity, target a different market, or signify a shift in the company’s vision and goals.
Merger or acquisition: If a business in South Dakota merges with or is acquired by another company, a name change may be necessary to represent the combined entity accurately.
Legal reasons: A business in South Dakota may need to change its name due to trademark disputes, cease and desist letters, or other legal issues.
Expanding to new markets: If a business in South Dakota is looking to expand into new regions or countries, a name change may be needed to avoid confusion with existing businesses in those markets or to appeal to a broader audience.
Negative associations: A business in South Dakota may want to change its name if the current name has become associated with negative events, such as scandals or poor customer experiences.
Simplifying the name: A business in South Dakota may choose to change its name to a simpler or more memorable one, making it easier for customers to remember and find.
Reflecting a change in ownership: If a business in South Dakota changes ownership, the new owners might change the business name.

Things to Consider Before Changing Your Business Name in South Dakota

There are a few things to consider before you change your existing business name. A business name change is a huge decision for any company. Changing the business name in South Dakota frequently is neither easy nor desirable. If it is absolutely necessary to change the business name, you must consider the following points-

Legal requirements: Ensure you follow the necessary legal steps to change your business name in South Dakota.
Name availability: Search the South Dakota business registry to make sure your desired new name is available and does not infringe on any existing trademarks or business names.
Impact on branding and marketing: Assess how a name change will affect your existing brand identity, marketing materials, and overall company image in South Dakota.
Customer perception and loyalty: Consider how your current customers in South Dakota will react to a name change and whether it may cause confusion or negatively impact customer loyalty.
Costs associated with the name change: Changing your business name in South Dakota may involve costs such as new signage, website updates, and reprinting marketing materials. Be sure to budget for these expenses.
Updating licenses and permits: You must update any licenses, permits, and registrations with the new business name in South Dakota.
Maintaining continuity: Consider maintaining continuity with your old name during the transition period and address any potential confusion among customers and clients in South Dakota.
Tax implications: Consult with a tax professional to understand any tax consequences or implications of changing your business name in South Dakota.
Reputation management: Be prepared to manage your online reputation during the transition, as customers may leave reviews or comments on social media related to the business name change.

How to Change a Business Name in South Dakota

Changing your business name in South Dakota is not difficult, as I mentioned. But, before we start with the steps, you must know that one must follow some LLC naming guidelines while naming their LLC. Based on the type of business structure, naming guidelines may vary. Following are some of the guidelines an LLC must follow while changing the business name-

The name should be available to use
Any other business does not use the name.
The new name must include “LLC” if it is a limited liability company.
The name should not be confused with a government entity, such as banks, treasury, or any governmental organization.

Read South Dakota LLC name search to learn about LLC naming if you form an LLC. Now, let’s dive into the steps to change the business name-

Step 1: Choose the New Name for Your Business

The first step is to choose a new name for your business. Many people file a DBA (Doing Business As) or a Fictitious Name before filing their business with the SOS. Later, they can change that name and get a new one when filing their business. When you decide to change the name of your business, you can search for the name to check if the new name is already taken or available for you to use.

To choose a new name, you must go through the same process you did when you first named your business. You go to the South Dakota SOS, search for the name, check if the name is available to use if it is available, finalize it and proceed to the next step.

Step 2: Prepare Documents to File the Amendment

As soon as you are ready with the new business name, you must start preparing to file the South Dakota Amendment. Along with the name change form, you must submit the following details,

Current business name
New business name
The entity number of the business – issued by South Dakota state
Board of Directors’ approval statement (for corporations)
Information of shares (if applicable)
Signatures of members (LLC) or Shareholders (Corporation)
South Dakota amendment filing fee

You must submit the above-mentioned list of details to the South Dakota SOS while filing the new business name. Ensure the details you provide for the Amendment are consistent with the initial filing documents. Failing to do so might result in the cancellation of the registration.

Step 3: File the South Dakota Amendment

Once everything is arranged and checked, you can file the Amendment. You must amend South Dakota LLC Articles of Organization for LLC or amend South Dakota Articles of Incorporation for the corporation. Remember, you must attach the name reservation form with the Amendment forms. You can file it online or by mail, whichever is available.

What Will Happen If I Change My Business Name in South Dakota

You can change the name of your business in South Dakota. You must file the Amendment for changing your name to the South Dakota Secretary of State. The process of filing the amendment is the same for an LLC and a corporation. However, the forms are different. The forms are available on the official website of South Dakota Secretary of State.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new Business than change the name of an existing one.
– LLCBuddy Editorial Team

Things to do After Filing the South Dakota Amendment

As soon as you are done with the filing process, you must update the new business name in other areas as well. Following are some points to consider after you change your business name in South Dakota-

Legal documents: South Dakota statement of information, loan documents, active legal contracts, or any other legal documents must be amended with the changed name.
Informing stakeholders: Ensure that you communicate the name change effectively to all your stakeholders, including employees, customers, suppliers, and partners in South Dakota.
City/local registration: Some cities/local authorities in South Dakota might need business registration. If your city has the same rule, then you must register your new business name with the city by submitting appropriate documents.
Business License: The business licenses you obtained previously to run a business in South Dakota have the current name of your business. Hence, you must update your new name with the proper department to obtain appropriate business licenses and permits.
Bank Accounts: It is obvious that all your business accounts in South Dakota have a current business name. Once you change the name, file the amendment, and pay the fees, you must update the bank accounts to avoid any inconvenience.
Internal Revenue Service (IRS): It is essential to update the IRS once you change your business name in Alabama. Neglecting to notify the IRS and other relevant entities may lead to confusion and disorganization within your business operations. It is absolutely necessary to amend with the IRS once you change the current business name in South Dakota. Failing to amend with the IRS or any other places results in confusion and disorganization of the business.
Others: If you have employees, you must inform the employment development authority of the name change. Additionally, it is important to update various business permits and other legal documents as needed.
Website: Finally, if you have a domain, update the name there to avoid confusion. Signage, visiting cards, merchandise, and any other places where your business name is mentioned should be updated. Changing the domain name will not be a good idea as it can affect your SEO results.

FAQs

How do I change my business name in South Dakota?

To change your business name in South Dakota, file a Fictitious Name Registration form with the South Dakota Secretary of State.

Are there any fees associated with filing a Fictitious Name Registration form in South Dakota?

Yes, there is a $20 fee associated with filing a Fictitious Name Registration form in South Dakota.

How long does it take to change my business name in South Dakota?

The process of changing your business name in South Dakota typically takes 7-10 business days.

What documents do I need to file to change my business name in South Dakota?

To change your business name in South Dakota, you will need to file a Fictitious Name Registration form with the South Dakota Secretary of State. Additionally, you may need to provide documentation such as a copy of your business license and/or a copy of your Articles of Incorporation.

What happens after I file a Fictitious Name Registration form with the South Dakota Secretary of State?

Once your Fictitious Name Registration form is filed with the South Dakota Secretary of State, you will receive a confirmation notice. This confirmation notice will indicate that your business name has been successfully changed.

How do I advertise my new business name in South Dakota?

In South Dakota, businesses are required to advertise their new business name in at least two local newspapers. Additionally, businesses may also choose to advertise their new name in other forms of media such as radio, television, and/or internet advertising.

Do I need to update my business license after changing my business name in South Dakota?

Yes, you will need to update your business license after changing your business name in South Dakota.

What other forms of documentation do I need to update after changing my business name in South Dakota?

After changing your business name in South Dakota, you may need to update other forms of documentation, such as your Articles of Incorporation, your bank accounts and/or your website.

Do I need to re-register my trade name in South Dakota if I change my business name?

Yes, if you change your business name, you will need to re-register your trade name in South Dakota.

How do I re-register my trade name in South Dakota?

To re-register your trade name in South Dakota, you must file a Trade Name Registration form with the South Dakota Secretary of State.

Are there any fees associated with re-registering a trade name in South Dakota?

Yes, there is a $20 fee associated with re-registering a trade name in South Dakota.

How long does it take to re-register my trade name in South Dakota?

The process of re-registering a trade name in South Dakota typically takes 7-10 business days.

What documents do I need to file to re-register my trade name in South Dakota?

To re-register your trade name in South Dakota, you will need to file a Trade Name Registration form with the South Dakota Secretary of State. Additionally, you may need to provide documentation such as a copy of your business license and/or a copy of your Articles of Incorporation.

What happens after I re-register my trade name in South Dakota?

Once your Trade Name Registration form is filed with the South Dakota Secretary of State, you will receive a confirmation notice. This confirmation notice will indicate that your trade name has been successfully re-registered.

Are there any other ways I can advertise my business name change in South Dakota?

In addition to advertising your new business name in two local newspapers, you may also choose to advertise your name change through other forms of media such as radio, television, and/or internet advertising.

Are there any other requirements I need to fulfill in order to change my business name in South Dakota?

Depending on the type of business you operate, you may need to fulfill additional requirements, such as obtaining a new business license or registering your new business name with the IRS.

How do I obtain a new business license in South Dakota?

To obtain a new business license in South Dakota, you must file an Application for Business License with the South Dakota Secretary of State.

Are there any fees associated with obtaining a new business license in South Dakota?

Yes, there is a $50 fee associated with obtaining a new business license in South Dakota.

How long does it take to obtain a new business license in South Dakota?

The process of obtaining a new business license in South Dakota typically takes 7-10 business days.

How do I register my new business name with the IRS?

To register your new business name with the IRS, you must file an Employer Identification Number (EIN) form with the IRS.

Are there any fees associated with registering a new business name with the IRS?

No, there are no fees associated with registering a new business name with the IRS.

How long does it take to register a new business name with the IRS?

The process of registering a new business name with the IRS typically takes 1-2 business days.

What are the requirements for changing a business name in South Dakota?

In order to change a business name in South Dakota, you must file an Assumed Business Name Application with the South Dakota Secretary of State.

How much does it cost to change a business name in South Dakota?

The cost to change a business name in South Dakota is $35.

How long does it take to change a business name in South Dakota?

It typically takes five to seven business days to change a business name in South Dakota.

What documents are needed to change a business name in South Dakota?

When submitting the Assumed Business Name Application to the South Dakota Secretary of State, you will need to provide your original business name, the new business name, the date of registration, the effective date, and your signature.

Do I need to register a new business name in South Dakota?

Yes, you must register a new business name with the South Dakota Secretary of State in order to legally change your business name.

Is there a fee for registering a new business name in South Dakota?

Yes, there is a $35 fee for registering a new business name in South Dakota.

Is there a specific form that must be filled out to change a business name in South Dakota?

Yes, the Assumed Business Name Application must be completed in order to change a business name in South Dakota.

Do I need to notify the Internal Revenue Service (IRS) when I change my business name in South Dakota?

Yes, it is recommended that you notify the IRS of any changes to your business name.

Is there a deadline for changing a business name in South Dakota?

No, there is not a deadline for changing a business name in South Dakota.

Do I need to notify my customers when I change my business name in South Dakota?

Yes, it is recommended that you inform your customers of any changes to your business name.

Can I keep my existing business license when changing a business name in South Dakota?

No, you will need to obtain a new business license to reflect the updated business name.

Is it possible to change a business name without changing the legal structure in South Dakota?

Yes, it is possible to change a business name without changing the legal structure in South Dakota.

Why South Dakota Change Business Name is So Important

One recent example of this is the decision by the state of South Dakota to change its official business name. The former name, which featured a derogatory term for Native Americans, had long been a point of contention for many people, particularly Indigenous communities. By choosing to adopt a new, more inclusive business name, South Dakota is taking a bold step towards creating a more welcoming and respectful environment for all of its residents, visitors, and business partners.

But why is this change in business name so important? Firstly, it reflects a commitment to diversity and inclusivity that is increasingly becoming a priority for businesses and organizations worldwide. In today’s social and political climate, it is crucial for companies to demonstrate that they are aware of and sensitive to the concerns and needs of all members of society, not just a select few. By changing its business name, South Dakota is sending a clear message that it values and respects the diverse communities that call the state home.

Secondly, the decision to change the business name is an important step towards reconciling a painful past. The former name of South Dakota, with its derogatory connotations, was a reminder of the systemic racism and discrimination that have long plagued this country. By acknowledging the harm that this name has caused and taking steps to address it, South Dakota is not only demonstrating its commitment to positive change but also setting an example for other states and businesses to follow.

Furthermore, changing the business name can have tangible benefits for South Dakota’s economy and reputation. In today’s global marketplace, businesses and states are increasingly being judged not just on the quality of their products and services, but also on their values and their ability to foster a diverse and inclusive environment. By changing its business name, South Dakota is positioning itself as a forward-thinking and socially responsible state that is open to all individuals and communities. This can help to attract new businesses, investors, and tourists to the state, ultimately contributing to its economic growth and prosperity.

In conclusion, the decision by South Dakota to change its business name is a positive and necessary step towards creating a more inclusive and welcoming environment for all. By addressing a harmful and offensive term in its former name, South Dakota is demonstrating its commitment to diversity, equality, and positive change. This decision not only reflects changing attitudes towards racial stereotypes and discrimination but also positions South Dakota as a progressive state that is open to all individuals and communities. It is my hope that other states and businesses will follow South Dakota’s lead and take similar steps towards creating a more inclusive and respectful society for all.

Conclusion

It is not desirable to change business names frequently. But if it is required, you must change it. Whether you are rebranding or restructuring your company, this guide walks you through the essential steps to change your business name in South Dakota efficiently and effectively. The process of changing the name and filing the amendment form in South Dakota is not so difficult. However, a list of details is needed to submit. Make sure they all are accurate and consistent with the previous filing documents.