Last Updated on
Whether you’re researching the availability of a business name or checking the status of a business entity the South Dakota Secretary of State website has the information you are looking for.
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.
There is no fee to search the database.
What information can be looked up?
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 or IncFile so their home address isn’t listed.
- Access is also provided to view the original Articles of Organization or Articles of Incorporation.
How to do a South Dakota Business Name Search
Visit the South Dakota Secretary of State website.
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”.
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.
How do I form an 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, may be 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.
After forming the LLC, South Dakota business licenses and permits may still be necessary.