Whether you’re searching for the right business name or registering your LLC with the South Dakota Secretary of State, Incfile can help. We have all the information you need to know on how to conduct a South Dakota business search, plus LLC naming rules, assumed names and registering your business.
General Rules for LLC Names
These rules typically apply to all LLCs, no matter what state they are formed in.
Your preferred business name cannot be used by any other LLC or formed entity in the State of South Dakota. This is why it's imperative to perform a South Dakota business entity search prior to beginning the filing process.
Your LLC name should be original, but that’s not enough. It also cannot be similar to the name of a corporation or LLC in South Dakota. For example, you cannot use the following factors to say your name is different and distinguishable from the name of another business:
- Suffixes, such as Corporation, Company, Incorporated, Incorporation, Limited, Corp., Co., Inc., Ltd., LLC, etc.
- Definite articles, such as “A,” “An,” or “The”
- The conjunction "And," or “&"
- The singular, plural or possessive forms of a word
- Abbreviations, punctuation, symbols, fonts, typefaces, etc.
All LLCs must have the words “Limited Liability Company,” “L.L.C.” or “LLC” in their names, normally at the end of the name.
Most states will not allow you to form LLCs with names that:
- Are very similar to the name of a federal or state agency or organization (e.g., FBI, FDA, South Dakota Comptroller, South Dakota Police, Treasury, etc.)
- Suggest affiliation with a federal or state agency or organization
- Use the term “Olympic” or any terms that are trademarks of the International Olympic Committee
- Imply a purpose that would be illegal for your business to carry out
Specific Rules for South Dakota Business Names
As mentioned above, South Dakota requires LLCs to comply with the general naming rules. Unlike many other states, the state of South Dakota doesn't require further naming regulations to be met.
How to Come Up with a Business Name
Giving your business the perfect name can be difficult. We’ve put together a complete guide to choosing the right business name, but essentially, you'll want to choose a name that will:
Need help coming up with business name ideas? Try our free Business Name Generator.
South Dakota Business Search
Once you have an idea of what you want as your business name, you’ll need to perform a South Dakota business entity search to make sure the name hasn’t been taken by another formed business.
Incfile offers a fast, simple and convenient tool to look up your proposed business name. The South Dakota Secretary of State also has a tool that lets you search the State of South Dakota business name registry to see whether your desired name is available or if another business is using your preferred name.
Trademarks and Service Marks
You must be careful that your South Dakota LLC name doesn’t infringe on the trademark or service mark of another business. The easiest way to make sure your proposed business name doesn’t do that is to complete a trademark search through Incfile. If no one else is using it, you can even register it as a trademark yourself.
South Dakota DBA or Fictitious Name
You may do business under a different name from your legal LLC name. In several states, this is called a DBA (doing business as), trade name, fictitious name or assumed name. The state of South Dakota refers to this solely as a DBA. You may choose to use a South Dakota DBA name for a variety of reasons.
For example, your business might be called Little Valley Marketing Solutions, LLC, and under that company, you have an event planning business called Little Valley Events. You could file for a DBA just for that company. You'll need to file to Register a New DBA with the South Dakota Secretary of State, or you can have Incfile do it on your behalf through our DBA service.
Note: trade name is not the same as a trademark. Learn more about trademark vs. DBA.
Register Your Business Name with the South Dakota Secretary of State (SOS)
Once you’ve completed a South Dakota business entity search, checked availability, followed the naming rules and decided whether you need a fictitious business name, you can register your LLC name. There are a couple of ways to do this.