In South Dakota, a “Doing Business As” (DBA) is officially referred to as a “Fictitious Business Name.” Registering a Fictitious Business Name allows a business to operate under a name different from its legal name. This can be beneficial for branding purposes or when expanding into new business areas.
For example, if you have an LLC called “Mount Rushmore Enterprises LLC” that you use for your general contracting business, but you want to start a separate home renovation service, you could register a Fictitious Business Name like “Sioux Falls Home Makeovers” without forming a new LLC.
Filing for a Fictitious Business Name provides business owners with flexibility in branding without the need to create separate legal entities for each business venture.
Note that while a Fictitious Business Name allows you to do business under a different name, it doesn’t provide the legal protections that come with forming an LLC or corporation.
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Do You Need a South Dakota DBA for Your Business Entity?
Before proceeding with the steps to get a DBA in South Dakota, determine if it’s necessary for your business type:
Sole Proprietors and Partnerships: If you’re operating under a name other than your legal name, you need to register a Fictitious Business Name. For example, if John Smith wants to operate as “Black Hills Auto Repair,” he needs to register this as a Fictitious Business Name.
LLCs and Corporations: If these entities want to do business under a name different from their registered name, they need a Fictitious Business Name. For instance, if “Mount Rushmore Enterprises LLC” wants to operate as “Sioux Falls Home Makeovers,” they would need to register this Fictitious Business Name.
How to Get a DBA in South Dakota
Follow these steps to get a DBA in South Dakota:
- Search the South Dakota Secretary of State’s database to ensure your desired name is available.
- Check if your DBA is available as a domain name (optional).
- File your Fictitious Business Name registration.
- Pay the filing fee.
Step 1: Do a DBA Search in South Dakota
Your Fictitious Business Name must be unique and comply with South Dakota’s business name requirements. To check availability, use the South Dakota Secretary of State’s Business Name Search:
https://sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx
Ensure your chosen name isn’t already in use and meets state requirements.
Step 2: Check if your name is available as a web domain
While not legally required, it’s wise to check if your Fictitious Business Name is available as a domain name for your future website. You can check domain availability at: godaddy.com/domains
Tips for choosing a domain:
- Aim for a .com domain if possible
- Avoid using hyphens between words
- Sometimes a quirky word (“guru”, “school” or “base”) makes for a good brand/domain.
Step 3: Register your South Dakota DBA
In South Dakota, you need to file a Fictitious Business Name Statement with the Register of Deeds in the county where your business is located. Each county may have slightly different forms and procedures, so it’s best to contact your local Register of Deeds office for specific instructions.
Generally, you’ll need to provide the following information:
- Your desired Fictitious Business Name
- Your business’s legal name and address
- A brief description of the nature of your business
- The names and addresses of the business owners
Step 4: Pay the filing fee
The filing fee for registering a Fictitious Business Name in South Dakota varies by county. Contact your local Register of Deeds office for the exact fee amount.
South Dakota Fictitious Business Name registrations are typically valid for five years. You must file a renewal before the expiration date to maintain your registration.
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After You Get a DBA For Your Limited Liability Company or Other Entity
Once you’ve secured your Fictitious Business Name, consider these next steps:
• Create a website: Establish an online presence for your business to reach more customers.
• Set up a business bank account: Keep your personal and business finances separate. We recommend Mercury Bank for online banking, but traditional banks are also an option.
• Obtain necessary licenses and permits: Ensure you have all required licenses and permits to operate legally in South Dakota.
• Consider business insurance: Protect your business with appropriate insurance coverage.
By following these steps, you’ll have successfully registered your Fictitious Business Name (DBA) in South Dakota and be well on your way to operating your business under your chosen name.
