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


Steve Goldstein
Steve Goldstein
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Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Get a DBA Name in South Dakota

Are you looking to establish a business in South Dakota 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 Dakota, 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 Dakota, popularly known as The Mount Rushmore 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 Dakota.

What is DBA Name in South Dakota?

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 Dakota. 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 Dakota under a name other than your personal name or an existing corporate name, you must submit a DBA name with South Dakota 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 Dakota, 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 Dakota

To get a DBA in South Dakota, you must first check if any other business is already using the name before filing a DBA in South Dakota. You can then submit the South Dakota business name reservation form after it has been confirmed that no other company is already using the chosen name. You can search the South Dakota 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 Dakota, you must check with South Dakota 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 Dakota.

  • In South Dakota, 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 Dakota Banking Commissioner’s Office, or any insurance-related words without a letter from the South Dakota South Dakota Division 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 Dakota 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 Dakota 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 Dakota LLC name search guide to see how you can find the availability of your desired LLC name in South Dakota.

Before you may register your Trade Name in South Dakota, 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 Dakota.

Register the South Dakota 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 Dakota 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 Dakota
  • Application’s name, title, signature, and date Email address

Submitting the South Dakota DBA Name Application

To file the South Dakota DBA Name, you must apply to the South Dakota Secretary of State. In South Dakota, 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 Dakota is $10.

  • Online filing: There is no online filing available
  • Offline filing: For filing offline in South Dakota, you must send the accomplished DBA filing form to the South Dakota Secretary of State, 500 East Capitol Avenue, Pierre, SD 57501 or drop it off in person at the same address.

Using the South Dakota Trade Name

Three “specimens” demonstrating the Trade Name used must be submitted to South Dakota 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 Dakota

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 Dakota.

How to Change a Trade Name

You can change your Trade Name (DBA or Fictitious Name) by applying to the South Dakota 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 Dakota SOS.

FAQs

What is a DBA Name?
A DBA name, or “doing business as” name, is a legal name under which a business operates. It is not a legal entity, but it is a way to identify a business and its activities.
What is the process for filing a DBA Name in South Dakota?
To file a DBA name in South Dakota, you must complete the appropriate form and submit it to the South Dakota Secretary of State. The form is available online, and it must be filled out with the proposed DBA name, the type of business, and the owner’s name and address.
Is there a fee for filing a DBA Name in South Dakota?
Yes, there is a fee of $20 to file a DBA name in South Dakota.
How long does it take to file a DBA Name in South Dakota?
It typically takes 1-2 business days to file a DBA name in South Dakota.
How long is a DBA Name valid in South Dakota?
A DBA name is valid in South Dakota for five (5) years from the date of filing.
Is there a publication requirement when filing a DBA Name in South Dakota?
Yes, when filing a DBA name in South Dakota, you must publish a notice in a newspaper of general circulation in the county where your business is located.
Is a DBA Name the same as a business license in South Dakota?
No, a DBA name is not the same as a business license in South Dakota. A DBA name is simply a name under which a business can operate, while a business license is a legal document that grants permission to conduct business in a certain area.
What should I do after filing a DBA Name in South Dakota?
After filing a DBA name in South Dakota, you should obtain a business license and any other necessary permits. You should also register with the IRS for an Employer Identification Number (EIN) and open a business bank account.
Is there a separate filing requirement for each city or county in South Dakota when filing a DBA Name?
No, there is no separate filing requirement for each city or county in South Dakota when filing a DBA name. The filing process is handled through the South Dakota Secretary of State.
What information do I need to provide when filing a DBA Name in South Dakota?
When filing a DBA name in South Dakota, you will need to provide the proposed DBA name, the type of business, and the owner’s name and address.
Can I file a DBA Name online in South Dakota?
Yes, you can file a DBA name online in South Dakota. The form is available on the South Dakota Secretary of State website.
What forms of payment are accepted when filing a DBA Name in South Dakota?
The South Dakota Secretary of State accepts payments by check, money order, and credit card when filing a DBA name.
Is there a way to check if a DBA Name is available in South Dakota?
Yes, you can check if a DBA name is available in South Dakota by searching the DBA name database on the South Dakota Secretary of State website.
Can I register a DBA Name in multiple states?
Yes, you can register a DBA name in multiple states, but you may need to complete separate filings for each state.
Can I file a DBA Name in South Dakota for a business located outside of the state?
Yes, you can file a DBA name in South Dakota for a business located outside of the state. However, you will also need to register your business in the state where it is located.
Is a DBA Name the same as a fictitious business name?
No, a DBA name is not the same as a fictitious business name. A DBA name is a legal name under which a business can operate, while a fictitious business name is a name that is not legally recognized by the state.
What is the difference between a Sole Proprietorship and a DBA Name in South Dakota?
A sole proprietorship is a business owned and operated by one person, while a DBA name is a legal name under which a business can operate.
Can I use a DBA Name in South Dakota to sell goods?
Yes, you can use a DBA name in South Dakota to sell goods. However, you may need to obtain a sales and use tax permit or other necessary licenses or permits.
Does filing a DBA Name in South Dakota give me any legal protection?
Filing a DBA name in South Dakota does not give you any legal protection. However, it does allow you to legally operate under the DBA name.
Can I use a DBA Name in South Dakota to open a bank account?
Yes, you can use a DBA name in South Dakota to open a bank account.
Do I need to register my DBA Name with the state of South Dakota?
Yes, you must register your DBA name with the South Dakota Secretary of State.
Is there a tax ID required when filing a DBA Name in South Dakota?
No, a tax ID is not required when filing a DBA name in South Dakota. However, you will need to register with the IRS for an Employer Identification Number (EIN).
Is there a way to expedite the filing process for a DBA Name in South Dakota?
Yes, you can request expedited filing for a DBA name in South Dakota, but there is an additional fee for this service.
What should I do if I need to make a change to my DBA Name in South Dakota?
If you need to make a change to your DBA name in South Dakota, you will need to file an Amendment form with the South Dakota Secretary of State.
How often do I need to renew my DBA Name in South Dakota?
Your DBA name in South Dakota needs to be renewed every five (5) years.
Can I use a DBA Name in South Dakota to form a corporation?
No, you cannot use a DBA name in South Dakota to form a corporation. You must file the appropriate forms with the South Dakota Secretary of State to form a corporation.
Can I file multiple DBA Names in South Dakota?
Yes, you can file multiple DBA names in South Dakota. However, each DBA name must be registered separately with the Secretary of State.
Is a DBA Name required for a business in South Dakota?
No, a DBA name is not required for a business in South Dakota. However, it is a good way to identify your business and its activities.
Can I use a DBA Name in South Dakota if I am not a resident of the state?
Yes, you can use a DBA name in South Dakota if you are not a resident of the state. However, you will still need to register your business with the South Dakota Secretary of State.
How do I file a DBA Name in South Dakota?
You can file a DBA Name in South Dakota through the South Dakota Secretary of State’s Corporations Division.
What is the cost to file a DBA Name in South Dakota?
The cost to file a DBA Name in South Dakota is $50.
What documents are required to file a DBA Name in South Dakota?
To file a DBA Name in South Dakota, you will need to submit an Initial Filing Form, an Existing Entity Form, and a Certificate of Good Standing.

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Why South Dakota DBA Filing is So Important

One of the primary reasons why South Dakota DBA filing is crucial is for legal protection. Registering a DBA name allows a business to establish its unique identity separate from the owner’s personal name or the formal legal entity name. By doing so, the business gains legal rights to use that trade name exclusively within the state. This can prevent other businesses from using a similar name and potentially causing confusion among consumers. It also helps protect the business owner’s personal assets in case of any legal disputes.

Furthermore, South Dakota DBA filing is essential for maintaining transparency and credibility in the marketplace. When a business operates under a different name, having a registered DBA name provides transparency and reassurance to customers, vendors, and partners. It signifies that the business is legitimate and compliant with state regulations. This can help build trust and credibility with stakeholders and establish a positive reputation in the industry.

Additionally, filing a DBA name in South Dakota can improve marketing and branding efforts for a business. A catchy and memorable trade name can make a significant impact on attracting customers and standing out in a crowded marketplace. By registering a DBA name, a business can fully utilize its chosen brand identity in advertising, marketing campaigns, and promotional materials. This can help create a cohesive and recognizable brand presence that resonates with target audiences.

Moreover, South Dakota DBA filing can also have practical benefits for businesses, such as opening a business bank account, obtaining business licenses, and entering into contracts under the DBA name. Having a registered DBA name simplifies administrative processes and ensures smooth operations for the business. It also enables the business to expand its operations, enter new markets, and pursue growth opportunities under the DBA name.

In conclusion, South Dakota DBA filing is a critical step for businesses to establish their unique identity, protect their legal rights, and enhance their credibility in the marketplace. By registering a DBA name, businesses can navigate legal requirements, maintain transparency, and leverage their brand identity for marketing and operational purposes. Overall, South Dakota DBA filing plays a vital role in shaping the success and sustainability of businesses in the state.

In Conclusion

A DBA name in South Dakota 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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