How To File a DBA in South Carolina in Four Steps

A DBA is not a new business or a legal entity. From its initial formation, the underlying legal entity is responsible for taxes paid to the IRS, insurance, business licenses, and business permits. You use the underlying legal entity's employer identification number (EIN) to open a bank account using the DBA name.

A DBA is a fictitious business name. DBAs are available for incorporated entities (limited liability companies, corporations, etc.) or sole proprietorships.

You can use a DBA to:

• Advertise
• Prove the business exists
• Open a business bank account
• Accept credit cards
• Simplify a corporate name
• Introduce a new product line
• Avoid using a person's name in their business

A disadvantage of a DBA is that it is not a business structure that protects the business owner against personal liability, as an LLC would. You decide whether or not to use a fictitious name instead of the business's legal name.

Sole Proprietorship and Partnerships

The most common use of a DBA is by a sole proprietor or in a partnership. Entrepreneurs use a business name different from the full legal names of those who operate the business entity. This is true even if part of the entrepreneur's name is a part of the business—for example, “Amber's Pet Sitting."

Limited Liability Companies and Corporations

It is a slightly different process if the registering business is a Limited Liability Company (LLC) or corporation. Suppose the corporation or LLC's name is already registered. In that case, a second registration of that name as a DBA is unnecessary. However, a DBA registration may be advisable if the corporation or LLC wants to do business under another name. An example would be a holding company operating a restaurant: “XYZ Holdings DBA Burgerville."

Decide on a great business name. Then, list a few more names in case your chosen name is unavailable. After you decide on a name, and before you register it in the county clerk's offices as a South Carolina DBA, take the steps necessary to make it legally yours.

First, conduct a name search on the South Carolina Secretary of State's website to ensure that no one else in the state is using your name. If you find that you have a unique South Carolina name, follow the steps below to legally own that name.

Then, search the Internet, check social media, and ensure the domain name is available. If anyone else is using the name, consider whether a consumer would confuse your name with the existing business.

Note that South Carolina prohibits using any word specifically about banking in a DBA name unless the underlying company is a bank.

You can own your business name so no one else can use it.

You can trademark that DBA name with South Carolina. Since there is no statewide protection for a DBA name, trademark that name within South Carolina at the Secretary of State's office if you want statewide protection.

If you want nationwide protection for that name, you can trademark that name with the United States Patent and Trademark Office (USPTO). This process takes about eight to ten months and costs money.

Now that name is yours.

There is no statewide registration for a South Carolina DBA. DBAs in the state are registered by county. You will register the DBA name with the county clerk's offices where you expect to do business.

Each county uses its own form to register a DBA. These forms can be found at the individual County Clerk's office. Some county clerks post this form online.

The typical DBA county registration form is detail-intensive, so have your business information available before you start.

• The name of the DBA
• The registry number of the DBA
• Principal business address of the DBA
• Names, addresses, and email addresses of individuals with an interest in the business
• Names and addresses of legal entities with an interest in the business
• Counties in which business is conducted
• Contact information
• Signature
• A filing fee, which varies by county but typically starts at $10

The county clerk requires a notarized DBA form.