Verify Your Business Name With a South Dakota Business Name Search

If you're looking to start a new business in the State of South Dakota, one of the first steps is to verify your business name with a comprehensive search.

This process allows you to check if your desired company name is available for use and meets the naming conventions set by the South Dakota Secretary of State.

At Swyft Filings, we offer entrepreneurs a free business name search tool to help them get started. There's no cost or commitment to use the tool and search the state's database. We'll notify you via email within an hour with the results of the name availability check and provide instructions on reserving the name if it's available.

The process is straightforward:

1. Answer a few questions about your desired business name and the type of business you plan to start.

2. Wait less than one hour as we conduct a thorough search of the South Dakota business name database and provide you with the results.

3. Decide whether to reserve your chosen name or try another one if your initial choice is unavailable.

Key Takeaways

• Verifying name availability through a South Dakota entity search can help avoid legal issues and trademark infringement.

• South Dakota has strict business naming conventions, such as using specific designators for LLCs and LPs.

• Starting a business in South Dakota involves completing necessary steps such as name reservation, choosing a domain name, filing for a DBA if necessary, and filing your LLC online with the help of a registered professional agent.

South Dakota's Business Name Conventions

When choosing a business name, it's essential to adhere to the naming conventions set by the South Dakota Secretary of State in Pierre.

First, your chosen business name must be distinguishable from other names already in the state's database. This means you can't use a name already used by another business entity in South Dakota. If you choose a name that's too similar to another business, the Secretary of State may reject your application.

When forming a limited liability company (LLC) in South Dakota, your business name must include the designator "LLC," LC, L.C, or "L.L.C."[1] This designator indicates to the public that your business is an LLC and limits the personal liability of LLC members.

For example, let's say you want to start a South Dakota LLC that sells handmade jewelry. A few appropriate names might be:

• Dakota Artisan Jewelry LLC

• Sioux Falls Handmade Jewelry L.L.C

• Black Hills Gems LC

• Crown Jewels L.C.

Limited partnerships must follow similar naming conventions to LLCs, including using the "LP" or "L.P." abbreviations in the business name.[1] For example, a limited partnership in the real estate industry may use a name like "Rapid City Real Estate LP" or "Black Hills Property Investment L.P." 

For limited liability partnerships (LLPs), the "LLP" or "L.L.P" designator must appear in the business name. And as with other business entities, the name must be distinguishable from other names already in use in the state's database.

According to the South Dakota Codified Laws, the name of a nonprofit organization must contain the word "corporation."[2] Compliant nonprofits can have the following names:

• South Dakota Wildlife Conservation Corporation

• Dakota Arts and Culture Corporation

• Children's Education and Development Corporation

Additionally, the name of a nonprofit organization can't be the same as or deceptively similar to that of any other domestic or foreign corporation, limited partnership, or limited liability company authorized to transact business in South Dakota.[3]

Finally, there are strict rules around using certain words and phrases by South Dakota business entities. For example, you can't use words like "bank," "trust," or "insurance" in your business name unless you're engaged in those specific business services.

Benefits of a South Dakota Entity Search

Conducting a South Dakota entity search offers several benefits:

Verifying Name Availability

Conducting an entity search enables you to verify if your desired business or nonprofit name is available. This helps you avoid registering a name already used by another company or organization, which can result in legal issues for donors, customers, and business owners.

Saving Time and Effort in the Registration Process

If you register a name already in use, your application may be rejected, requiring you to reapply with a different name. This can be a time-consuming process that can delay your business or nonprofit's launch. By conducting an entity search, you can avoid this scenario and ensure a smoother registration process.

Avoiding Trademark Infringement

To ensure that your LLC name does not infringe on existing trademarks, it is essential to conduct thorough research before officially doing business under that name. By performing this research, you can avoid legal disputes and protect your brand's reputation.

Next Steps

Once you've confirmed your business name is available, follow these steps to secure your name and establish your LLC.

Complete Your Name Reservation

After a successful business entity search, you can reserve your name with the South Dakota Secretary of State.

Reserving secures your LLC name and prevents someone else from taking it while you prepare to register your business entity. This is especially important for small business owners because of the sheer number of applications submitted for consideration.

Name reservation also buys you time to complete the necessary steps for registration. That includes obtaining a registered agent service, creating an operating agreement and articles of organization, and securing a business bank account.

To complete your name reservation, fill out the Name Reservation Request Form and pay the filing fee. The filing fee for a name reservation is $25, which can be paid online or by mail. The name reservation is valid for 120 days, giving you enough time to complete other steps necessary for starting your business.

Choose a Domain Name

After reserving your business name with the South Dakota Secretary of State, it's important to establish your online presence by choosing a domain name, which is essentially your website's address. It serves as a crucial tool for brand recognition and customer engagement.

When choosing a domain name, consider using your business name, incorporating relevant keywords, or choosing a creative name that reflects your business's personality. In addition, you should go for a memorable and easy-to-spell address to ensure your clients can quickly access your website.

Consider a DBA

If your desired business name is already taken, consider a DBA (doing business as) or fictitious name. A DBA allows you to conduct business under a different name than your legal name.

Using a DBA can create a more professional and consistent brand image across different platforms, making it easier to establish credibility with customers. It can also be helpful if you want to keep your legal business name but still use a different name for branding or marketing purposes.

You must file a fictitious business name statement to obtain a DBA with the South Dakota Secretary of State. Already registered businesses will need to provide their Secretary of State Business ID.[4]

In South Dakota, DBAs require a filing fee of $10 and are renewable once every five years.

File Your LLC Online

When starting a business entity in South Dakota, filing your LLC online can save you time and money compared to mailing your documents. After completing the necessary steps, such as name reservation and obtaining a business license, Swyft Filings can help you file your South Dakota LLC online quickly and efficiently.

But we don't stop at that. If for some reason you want to change the original name of your business and replace it with one that resonates more with your customers, the Amendments and Name Change Service can help. From IRS Employer Identification Number (EIN) registration to filing your articles of incorporation and annual reports, we can guide you through the entire process.

FAQs

How do I find out if a business name is available in South Dakota?

You can find out if a business name is available in South Dakota using Swyft Filings' free business name search service. Alternatively, you can use the business entity search tool provided by the South Dakota Secretary of State's office.

How do I find a business entity in South Dakota?

To find a business entity in South Dakota, you can use the business entity search tool provided by the South Dakota Secretary of State. This tool allows you to search for a business by name or business ID. You can view the business name, entity status, and registered agent information.

How much does a South Dakota business entity search cost?

Swyft Filings offers a free business name search service for entrepreneurs looking to verify the availability of a business name in South Dakota.

How much does it cost to start an LLC in South Dakota?

Starting an LLC in South Dakota costs $150 in state filing fees. You can use Swyft Filings’ LLC filing service to get started in less than 10 minutes, starting at $0 + state filing fees.

Do I need a business license in South Dakota?

Businesses conducting operations in South Dakota, including those with no physical location, require a business license. Additionally, companies with nexus in South Dakota must obtain a license from the Department of Revenue.

What is the process to start a business in South Dakota?

Starting a business in South Dakota involves:

• Choosing a business structure

• Registering with the Secretary of State

• Obtaining any necessary licenses or permits

• Filing annual reports to maintain good standing

Bibliography

1. South Dakota Legislature. "Codified Law 47-34A-105." Accessed on April 22, 2023.

2. South Dakota Legislature. "Nonprofit Corporations--Formation and General Powers." Accessed on April 22, 2023.

3. South Dakota Legislature. "Codified Law 47-22-8.1." Accessed on April 22, 2023.

4. South Dakota Secretary of State. "Register a DBA - Business Name." Accessed on April 22, 2023.