If you own a South Dakota business and would like to use a different name than your legal business name, you will need to register a “doing business as” or DBA name with the state. Also called an assumed name, fictitious business name, or trade name, DBA names are typically used when you want to use multiple names for one business, or if you are a sole proprietor wanting to be recognized as something other than your legal name.
Want to learn more? This guide will cover the basics of what a DBA name is, the rules for choosing, registering, and maintaining one in the Mount Rushmore State, and how we can help make the process easier.
According to the U.S. Small Business Administration (SBA), a DBA name allows businesses to operate under a different identity from their own or their registered business name. It’s important to note that a DBA name is referred to as a fictitious name in South Dakota. This alias comes with several benefits, which can help your business in the long run.
By registering a DBA name, you are better able to represent and communicate what your company does to potential customers. However, it does not replace the official business name. Rather, the DBA name allows you to conduct business under a unique name while also maintaining your registered information. Therefore, since you are not creating a separate business entity, registering a DBA name does not affect your business taxes.
There are two main types of businesses that benefit from registering a DBA name:
Other benefits of using a DBA name include:
Ultimately, every business should choose a DBA name that accurately describes their business to prospective clients. Registering a DBA name is a great opportunity to choose a business name that is more memorable for people. This is particularly important for businesses looking to expand their online presence with a website.
While South Dakota doesn’t require DBA names to be unique when registered, this will be to your advantage. Ultimately, a unique DBA name can help you build and establish a distinct business from any competitors. For this reason, it’s important to use South Dakota’s DBA Name Information Search tool. This lookup tool will allow you to see if a business in South Dakota is using your desired DBA name.
In South Dakota, the registration process for a DBA name is quite simple. It is important to note that you will need your Secretary of State Business ID if you have an existing corporation, partnership, association, cooperative, or LLC. Below is the process for registering a DBA name, otherwise known as a fictitious name, in South Dakota.
Although you can complete the DBA registration online, South Dakota also offers a paper delivery option. To deliver your registration papers, you will need to submit the paper and filing fee to a county Register of Deed’s Office. You can find a list of these offices here.
Once you have registered your DBA name, you will need to renew your registration in five years. The registration period begins six months before the expiration date until the expiration date. You will be able to renew your registration online or deliver it to a county Register of Deed’s Office. It costs $10 to renew your DBA name.
Additionally, it’s important to note that you will need to amend the DBA name if there are any changes to your business. An amendment also costs $10. For instance, if there is a change in ownership, you will need to change the name of the business owner for your DBA name. Amendments can be completed online or delivered to a county Register of Deed’s Office.
Lastly, if you need to cancel your DBA name, you can do so online. Alternatively, you can deliver your paperwork to any county Register of Deed’s Office. Both options are free and can be completed with a few pieces of information.
Our team of experts is here for you no matter your business needs. If your South Dakota business is still in the formation phase, our LLC Formation Services or Corporation Formation Services can help you get started.
The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Fees are subject to change over time. Check the Secretary of State’s website for the most current fee schedule regarding DBA registration and renewal.
Registering your business’s DBA name can be completed quickly online. If you prefer to turn in your paperwork in person, this could delay the processing time.
Although you are not required to register a DBA name in South Dakota, registering a DBA name allows you to choose a better name for your business. However, if you plan to conduct business under a name other than your official business name, you will need to register for one.
Regardless of your business structure, registering a DBA name gives you the power to choose a name that fully represents your organization. For example, if you are a sole proprietor, a DBA name allows you to use a business name other than your legal name. On the other hand, a corporation can drop the entity designation from their business’s name.
Even though DBA names are not exclusive, choosing a unique name sets your company apart. When choosing a DBA name, it’s also important to ensure that you are not infringing on any trademarks.
You can register multiple DBA names in South Dakota. In fact, you can register as many DBA names as you are using for your business. For instance, if a professional writer offers several writing services, they can create distinct writing packages.
Yes. In South Dakota, a DBA name and a fictitious name are the same.
If you are a sole proprietorship, you can only conduct business under your legal name. By registering a DBA name, you can use another name to conduct business.
Since a DBA name does not establish a new business entity, you can rest assured that you will not be taxed differently at the local, state, or federal level.
South Dakota Business Resources
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When it comes to compliance, costs, and other factors, these are popular states for filing a DBA.
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