How to Get a DBA in South Dakota in Three Steps
To get a DBA (Doing Business As), called a “fictitious business name” in South Dakota, you must choose a valid business name, file a Fictitious Name Statement with the South Dakota Secretary of State, and pay a filing fee.
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A DBA (“doing business as”) in South Dakota allows you to use a different name for your company instead of your personal name or registered business entity name.
When you register a DBA (“doing business as”) with the South Dakota Secretary of State, you can use a brand name—instead of your personal name, the name of your limited liability company, or any other business name you might have. For instance, assume you own Chesterton Bakers, a South Dakota LLC. You’d like to do business as Rushmore Breadworks. You need to register that new DBA to use it as your brand name.
South Dakota calls DBAs fictitious business names. To complete a filing of a fictitious name, business owners refer to the process set forth in South Dakota’s “DBA – Fictitious Business Names” laws.
Do I Need a DBA in South Dakota?
Yes, you need a DBA if you regularly operate or engage in business under an assumed name in South Dakota.
Business corporations, partnerships, associations, limited liability companies, and cooperatives using a brand name in South Dakota (other than their legal business name) must file each fictitious name they want to use. At least one individual owner of the registered business must appear on your filing, with their name and address, the business ID (employer identification number), and the name of the existing business entity.
The South Dakota Secretary of State requires DBA filings for trade names different from the legal name of the business unless the name of the business contains the legal name of “each person interested” in the business. Thus, it is clear that the DBA law’s point is transparency. Likewise, a sole proprietorship operating under a brand name rather than the owner’s last name must file a DBA.
Filing your DBA is helpful for multiple reasons. For example, it enables you to open a business bank account under your DBA. Then, clients may pay your business under your brand name. DBAs also allow startups to rebrand registered businesses and create new services or merchandise—without having to build another small business from scratch.
You lack the right to sue on behalf of your brand name until you file your fictitious name as required by South Dakota law.
Three Steps to Get a DBA in South Dakota
Choose a Valid Name
In South Dakota, a DBA name may not contain words or letters that designate a registered business structure (Inc., LLC, Chartered, Professional Corp., and so forth) that’s not your actual business type. Your small business must also avoid unauthorized use of names suggesting the company is a financial firm or a government department or names that imply unlawful activities.
Conduct a Name Search
As a South Dakota business, you must use a name that won’t be confused with other business names in the state. A unique DBA name is also important for naming and reserving a website domain and setting up social media accounts for marketing.
Here’s where to search for name availability:
- The Secretary of State’s website offers a search tool to find registered business names. Explore South Dakota’s database downloading tool to learn more.
- Run an online search. Look through popular social media sites. Check domain names through ICANN.
- Check the U.S. Patent and Trademark Office (USPTO) database. Pick a name not currently trademarked in your industry.
Note that South Dakota does not protect your sole use of your brand name. Registering your DBA can help you prepare to apply for a trademark, though, if you decide you need one.
File Your Fictitious Name Form in South Dakota
Corporations, partnerships, associations, cooperatives, and limited liability companies must register a DBA with the South Dakota Secretary of State.
Owners of unregistered businesses such as a sole proprietorship can file for a DBA with the Secretary of State.
After You Register Your DBA
Follow these steps to maintain your South Dakota DBA after you file.
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Visit the DBA – Business Name database to print out your DBA registration.
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Every 5 years, you must renew your South Dakota DBA within 90 days from its expiration date to keep the trade name active. File for the DBA renewal online through the Business Services’ DBA Business Name Services. For each renewal, as with new filings, the fee is $10. If the 90 days since the expiration date have passed, start over with a new DBA registration.
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Consult your insurance agent to obtain appropriate coverage for your business, including its new trade name.
Are you making changes? Keep up with the required paperwork. If your business has a change in ownership (comprising 25% of the owners or more), you must file a new DBA certificate with the $10 fee. To withdraw a DBA at no charge, file the Cancellation of a DBA – Business Name online.
FAQs About South Dakota DBAs
Frequently Asked Questions
The South Dakota Secretary of State website states that individuals and businesses “may register as many DBA/Fictitious Business Names as they are using.”
No. You may achieve certain protections for your personal assets by forming a business entity.
No. The use of a DBA means doing business as your brand. You’ll still file taxes under the legal name of your business—not the DBA name.
Need Help With a South Dakota DBA?
Need situation-specific legal advice? See our attorney directory. Or you can let our trusted partner LegalZoom handle your name search and DBA application filing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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