How to Get a DBA Name For an LLC in South Carolina – An Easy Guide


Steve Goldstein
Steve Goldstein
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Get a DBA Name in South Carolina

Are you looking to establish a business in South Carolina and need to get a DBA (Doing Business As) name for your venture? You’re in the right place! A DBA, also known as a Trade Name, Fictitious Name, or Assumed Name, allows you to conduct business under a name that’s different from your legal business name. This can be advantageous for branding, marketing, and overall business operations.

In South Carolina, if you’re willing to use a different name other than the legal name for your business, you must file the DBA (Doing Business As). The public (specifically your potential customers) knows your business by its registered legal name. Instead of using your formal business name, you may use the trade name or DBA in marketing and sales to reach a wider audience.

South Carolina, popularly known as The Palmetto State, has some regulations when it comes to filing your DBA name. However, the regulations can vary depending on the type of business structure you have. In this article, I will share the basic steps to get a DBA Name in South Carolina.

What is DBA Name in South Carolina?

Whenever you form an LLC or any business structure, you must get a name for it. Every company has a legitimate name. For instance, a partnership or sole proprietorship might function under the legal name of the company’s owner or owners. The name specified in the Articles of Incorporation or Articles of Organization may be used by any business entity, including corporations, limited liability companies (LLCs), and others.

However, there are situations when you may decide against using your company’s registered legal name in South Carolina. This is due to a variety of factors. For instance, the legal name of your company can be unrelated to it or no longer accurately describe it. Or perhaps you want a new name without altering your documentation for incorporation or registration.

If you intend to run your business in South Carolina under a name other than your personal name or an existing corporate name, you must submit a DBA name with South Carolina state regardless of the type of business entity you have incorporated as (single proprietor, partnership, corporation, or LLC).

No restrictions exist on how many DBA names you can use to do business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

In South Carolina, changing your business name is a risky factor. It can bring positive and negative effects on your business. Hence, before you file and change your legal business name, analyze all the risks and advantages.

LLCBuddy Editorial Team

How to Get a DBA in South Carolina

To get a DBA in South Carolina, you must first check if any other business is already using the name before filing a DBA in South Carolina. You can then submit the South Carolina business name reservation form after it has been confirmed that no other company is already using the chosen name. You can search the South Carolina Government Records Inquiry System and confirm that the name you chose is not already in use. However, getting a DBA is not mandatory in many states. If you open an LLC in South Carolina, you must check with South Carolina Secretary of State whether you need to file DBA or not.

Guideline for choosing a DBA name

You must choose a name to register, which is the crucial step. There are a few straightforward LLC name guidelines to follow (if you’re forming an LLC) while choosing a name in South Carolina.

  • In South Carolina, fictional names cannot be the same or similar to one another. A DBA cannot deceive the public by appearing to be confusingly similar to any other business name.
  • Unless the company has been incorporated as an LLC or corporation, a DBA name cannot contain a corporate indication, such as Corp or LLC, or any other words that imply an entity type. This will stop a lone proprietor from passing for a legitimate corporation.
  • Any banking-related words without a letter from the South Carolina Banking Commissioner’s Office, or any insurance-related words without a letter from the South Carolina South Carolina Department of Insurance.
  • Any words that could confuse your corporation with a government agency (FBI, Treasury, State Department, etc.).
  • A professional designation in the name (i.e., engineering, attorney) without a copy of the license of one officer/member or a letter from the governing agency allowing the use of the name without licensing.
  • Any words that indicate or imply that the corporation is engaged in a business that is not authorized by law to pursue.

How Can You Tell if a DBA Name in South Carolina is available?

Once you have selected a name that complies with the requirements mentioned above, there are a number of methods you can use to find out if the name is open for registration. One simple strategy is to look up other companies in South Carolina with the same name on Google.

It is a simple technique to clear out any already taken names, even though it may not guarantee that the name you want to register is accessible. As it is likely that you will require a website domain that matches your business name, you may also check to see whether the web domain for that name is accessible. For example, you can check South Carolina LLC name search guide to see how you can find the availability of your desired LLC name in South Carolina.

Before you may register your Trade Name in South Carolina, you must have used it for business purposes. Therefore, you must use a Trade Name as soon as possible if you want to register and protect it in South Carolina.

Register the South Carolina DBA Name

Once you have established that the name is available for registration, you must finish the file using the forms your county has provided. You must register your DBA name in the county where you intend to conduct business. In most South Carolina counties, the following fundamental information is needed-

  • Name of the company, its phone number, city, state, and street address
  • The organization type under which the business is incorporated
  • List the partners’ names and addresses (if applicable)
  • Describe the items, services, or business that will be delivered under the Fictitious Name in the registration form
  • Use of the Fictitious Name in the marketplace
  • Both the classification type and number
  • Make a mark (pick Trade Name)
  • Date and state of the first use of the trade name
  • When the Trade Name first appeared in South Carolina
  • Application’s name, title, signature, and date Email address

Submitting the South Carolina DBA Name Application

To file the South Carolina DBA Name, you must apply to the South Carolina Secretary of State. In South Carolina, you can file the DBA name in two methods, by mail and in person.. The cost of filing the Fictitious Name (DBA name) in South Carolina is $10.

  • Online filing: There is no online filing available
  • Offline filing: For filing offline in South Carolina, you must send the accomplished DBA filing form to the South Carolina Secretary of State’s Office, Attn: Trademarks, P.O. Box 11350, Columbia, SC 29211 or drop it off in person at 1205 Pendleton Street, Suite 525, Columbia, SC 29201.

Using the South Carolina Trade Name

Three “specimens” demonstrating the Trade Name used must be submitted to South Carolina Secretary of State. The following are some instances of acceptable specimens:

  • Business cards
  • Booklets,
  • Flyers,
  • Labels, and
  • Stickers

How to Renew a Trade Name in South Carolina

You can renew your DBA name after a stipulated time. In most states, the renewal of the DBA name follows the same process as filing a fresh DBA name. You need to get the DBA renewal form, fill it up with the correct information, and submit it to the state online or offline. The renew time for DBA name filing is five years in South Carolina.

How to Change a Trade Name

You can change your Trade Name (DBA or Fictitious Name) by applying to the South Carolina SOS. The process is similar. You can search for the name you want to have after changing the old Trade Name. If the name is available, make sure it follows other guidelines. You can reserve your DBA name for five years; after then, you can change or renew your DBA if needed through the South Carolina SOS.

FAQs

What is a DBA Name?
A DBA Name, also known as a Fictitious or Doing Business As Name, is a business name that a company or individual uses to conduct business that is different from their legal name.
Is Filing a DBA Name in South Carolina required?
No, Filing a DBA Name in South Carolina is not required if you are using your legal name to conduct business.
How do I File a DBA Name in South Carolina?
To File a DBA Name in South Carolina, you must complete and submit an assumed name certificate or fictitious name registration form to the South Carolina Secretary of State.
What information is required to File a DBA Name in South Carolina?
The information required to File a DBA Name in South Carolina includes your legal name, the DBA Name you are registering, the date of filing, and the address of your business.
How long does it take to File a DBA Name in South Carolina?
It typically takes 2-3 weeks to File a DBA Name in South Carolina.
How much does it cost to File a DBA Name in South Carolina?
It typically costs $25 to File a DBA Name in South Carolina.
Is a business license required when Filing a DBA Name in South Carolina?
Yes, a valid business license is required when Filing a DBA Name in South Carolina.
Is a separate bank account required when Filing a DBA Name in South Carolina?
No, a separate bank account is not required when Filing a DBA Name in South Carolina.
How often must I renew my DBA Name in South Carolina?
Your DBA Name in South Carolina must be renewed every five years.
Is an attorney required when Filing a DBA Name in South Carolina?
No, an attorney is not required when Filing a DBA Name in South Carolina.
Is a DBA Name the same as a Corporation in South Carolina?
No, a DBA Name is not the same as a Corporation in South Carolina.
Does a DBA Name in South Carolina offer protection from personal liability?
No, a DBA Name in South Carolina does not offer protection from personal liability.
Is a DBA Name the same as a Sole Proprietorship in South Carolina?
No, a DBA Name is not the same as a Sole Proprietorship in South Carolina.
Is a DBA Name the same as a Limited Liability Company in South Carolina?
No, a DBA Name is not the same as a Limited Liability Company in South Carolina.
Is a DBA Name the same as a Partnership in South Carolina?
No, a DBA Name is not the same as a Partnership in South Carolina.
Is a DBA Name the same as a Trade Name in South Carolina?
Yes, a DBA Name is the same as a Trade Name in South Carolina.
Is a DBA Name the same as an LLC in South Carolina?
No, a DBA Name is not the same as an LLC in South Carolina.
Is a DBA Name the same as a Brand Name in South Carolina?
No, a DBA Name is not the same as a Brand Name in South Carolina.
Is a DBA Name the same as a Doing Business As Name in South Carolina?
Yes, a DBA Name is the same as a Doing Business As Name in South Carolina.
Is there a fee for Filing a DBA Name in South Carolina?
Yes, there is a fee of $25 for Filing a DBA Name in South Carolina.
Is it necessary to advertise my DBA Name in South Carolina?
No, it is not necessary to advertise your DBA Name in South Carolina.
What is the process for changing my DBA Name in South Carolina?
The process for changing your DBA Name in South Carolina is to file an amendment to the assumed name certificate or fictitious name registration form with the South Carolina Secretary of State.
How long is a DBA Name valid in South Carolina?
A DBA Name is valid in South Carolina for five years.
Can I use the same DBA Name in multiple states, including South Carolina?
No, you cannot use the same DBA Name in multiple states, including South Carolina.
Is there a maximum number of words that can be used in a DBA Name in South Carolina?
No, there is no maximum number of words that can be used in a DBA Name in South Carolina.
Are there any restrictions on words that can appear in a DBA Name in South Carolina?
Yes, there are restrictions on words that can appear in a DBA Name in South Carolina, such as using words that imply a false corporate status or using words that are similar to an existing business.
Are there any requirements for displaying a DBA Name in South Carolina?
Yes, a DBA Name must be displayed in South Carolina on all business documents, advertisements, and signage.
How can I search for existing DBAs in South Carolina?
You can search for existing DBAs in South Carolina by visiting the South Carolina Secretary of State website and searching the Business Entities database.
What are the penalties for failing to File a DBA Name in South Carolina?
The penalties for failing to File a DBA Name in South Carolina can include fines, imprisonment, and the forced closure of your business.
Does Filing a DBA Name in South Carolina provide trademark protection?
No, Filing a DBA Name in South Carolina does not provide trademark protection.

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Why South Carolina DBA Filing is So Important

Many entrepreneurs may not see the significance of filing a DBA, as it is not required by law for all businesses. However, there are several reasons why South Carolina DBA filing is so important and can greatly benefit a business in the long run.

First and foremost, registering a DBA name can help a company establish its brand identity. Whether you are a sole proprietor or a corporation, having a distinct business name can set you apart from competitors and attract potential customers. By securing a DBA name, you can create a professional image for your business and build trust with your target audience.

Furthermore, filing a DBA can protect your business from potential legal issues. Without a registered DBA name, other businesses may be able to use the same name in South Carolina, causing confusion among customers and possibly leading to trademark disputes. By registering a DBA, you can prevent others from infringing on your business name and intellectual property rights.

In addition to brand recognition and legal protection, filing a DBA name can also help a business establish credibility with suppliers, vendors, and financial institutions. When you operate under a registered DBA name, you demonstrate that you are a legitimate business entity, which can make it easier to secure partnerships and funding for your company. Furthermore, having a DBA name can also make it easier for you to open a business bank account, accept payments, and establish credit relationships.

Another important reason why South Carolina DBA filing is essential is that it can simplify the process of expanding your business. If you plan to expand your operations beyond the state borders or nationwide, having a registered DBA name can make it easier to secure licenses and permits in other states. Furthermore, a registered DBA name can help you build a consistent brand identity across different markets and reach a wider audience of potential customers.

Overall, filing a DBA name in South Carolina is a critical step in the process of starting and growing a business. From establishing brand recognition and protecting your intellectual property to building credibility with stakeholders and facilitating expansion, there are numerous benefits to registering a DBA. Whether you are a small start-up or a large corporation, taking the time to file a DBA name can be a wise investment in the long-term success of your business.

In conclusion, South Carolina DBA filing is not just a bureaucratic formality – it is a strategic decision that can have a significant impact on the growth and sustainability of your business. By registering a DBA name, you can differentiate your brand, protect your business assets, and establish a strong foundation for future success.

In Conclusion

A DBA name in South Carolina is the best way to update your business name. Unlike the registered legal business name, you can have as many as DBA names. You can use your new assumed name as soon as the state has processed your filing, and getting one is a rather simple process. Whether you have an LLC or any other business structure, filing a DBA name is helpful for your business upgradation anytime.

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