If you are forming an LLC or a corporation in South Dakota, the first thing you need to do is a business name search. This search checks all the registered business entities in the state to see if the business name you want to use is available. Like all other states, the state of South Dakota requires each LLC or corporation registered in the state to have a unique business name. So, before starting your business, it’s important to run a business entity search to verify if the name is available through the South Dakota Secretary of State before registering your LLC or Corporation. There is no fee to search.
Something to keep in mind is that even though each Corporation and LLC name must be unique, it may not stop someone else from using that name. To protect your business name, consider getting a trademark.
How to do a South Dakota Business Name Search
Step 1: Visit the Business Name Database
Go to the South Dakota Secretary of State website.
Step 2: Search your Business Name
Enter the name you would like to use in the “Search Name” field. In this example, we will look up “Premier Lawn Care” and click “Search.”
Step 3: Review Results
Searching the registered names, we get a list of all the businesses with the words “Premier Lawn Care.” To be able to register a corporation or LLC name in South Dakota, the name must be distinguishable from the other names registered. If you were looking to form an LLC with this name, you wouldn’t be able to since there is already one registered.
To find more information about any of the registered business names, click on the link in the “Business ID” column to see a detailed report.
While the name “Premier Lawn Care” by itself may not be available, other variants are such as “Premier Lawn Care of South Dakota.” Searching for those business names brings a result that says, “No Records Found.” Even if the name looks like it is available, the Secretary of State will do their own search to avoid confusing potential customers with a business name that sounds like someone else’s. Typically words that sound alike but are spelled differently, and even abbreviations will make names show up as available but won’t be approved.
These are the basics of searching for a business name in South Dakota. Even when the name of the business you want looks like it is available, the Secretary of State will make a final determination at the time of filing to ensure the name you picked isn’t too similar to other registered names.
What information can be looked up in the database?
The database search can find several pieces of information about the business. Some of the highlights include:
- Business Name
- Entity type – Corporation, Limited Liability Company. Etc.
- Status – Good Standing means all reports and filing fees are up to date. If the result shows “Inactive,” the name may be available to register.
- Initial Filing Date – Date the entity was first filed with the Secretary of State
- Term of Duration – Perpetual means the entity intends to exist forever. Some entities will instead choose a specified end date.
- Principal Office – This could be the physical address of the business, or it could be an address where business records are stored.
- Registered Agent’s information – A South Dakota Registered Agent is the singular point of contact for the entity should a legal or tax notice need to be sent to the business. This is often one of the owners, and if their home address is used, that address becomes public information. Many people find this concerning and use a Registered Agent service like Northwest Registered Agent, so their home address isn’t publically listed.
- Access is also provided to view the original Articles of Organization or Articles of Incorporation.
How to Register a Fictitious Business Name (Sole Proprietorships and Partnerships)
The Secretary of State Business Entity Database provides information on corporations and LLCs registered in South Dakota. The names of sole proprietorships and general partnerships are not centralized. Instead, they are registered with the Register of Deed’s office in the county where the business is located.
A sole proprietorship or partnership operating their business under a name that is different from the owner’s legal name will register for a Fictitious Business Name, which is also known as “Doing Business As,” DBA, Assumed Name, or Trade Name.
What are the requirements to name an LLC in South Dakota?
In addition to the name being unique, the name of the LLC must include a special designator such as Limited Liability Company, LLC, L.L.C., etc., in addition to not using restricted words such as bank or insurance, unless the entity is licensed to operate as such.
Can an LLC name be reserved?
If there is a name you want but are not ready to register the LLC, you can file the Application for Name Reservation. The name reservation will hold a name for up to 120 days, at the cost of $25.
How do I form a South Dakota LLC?
Before starting your business and forming an LLC, be sure to do the business entity search first to make sure the name is available to use. Once you know the LLC name is available, learn how to form a South Dakota LLC by reading our step-by-step guide on filing the Articles of Organization.
While not required in South Dakota, an Operating Agreement, which contains the rules for how the LLC operates, is a document worth considering, especially for multi-member LLCs.
After forming a Limited Liability Company, be sure to get an Employer Identification Number (EIN). This is a “social security number” for the business. There is no cost to get one through the IRS.
Also, be sure to check for South Dakota business licenses and permits to ensure the business is legal to operate.