South Dakota Business Name Search (LLC Lookup) – Guide
Ensuring Your South Dakota LLC Name Is Available
A unique business name is key for branding, but it can be difficult to navigate the various rules for business names in South Dakota.
This page will guide you on how to check the availability of your LLC name and ensure it can be used.
South Dakota LLC Name Verification
When you submit your paperwork to establish an LLC in South Dakota, your filing could be rejected if the name you choose is already in use or does not adhere to state naming regulations.
How to Search the South Dakota Business Entity Name Database
You can utilize the business entity search to compare your business name with the currently registered entities in South Dakota.
✎ Note:
This tool is often referred to as either the South Dakota Business Name Search or the South Dakota Business Entity Search. Both terms describe the same website and provide the same search results.
Visit the South Dakota Business Entity Search page
South Dakota Secretary of State: Business Information Search
To search, enter your desired LLC name in the search bar, select "Contains" as the search type, and click "Search".
Why choose "Contains"? If you use "Starts With", you might overlook names that include additional words. For instance, searching for "Gutter Guy" with "Starts With" would not show "The Gutter Guy Inc." As a result, you cannot use "Gutter Guy LLC" if "The Gutter Guy Inc." is already registered.
Search Tips:
- Exclude terms like "LLC", "L.L.C.", "Limited Liability Company", and punctuation marks (commas, periods, apostrophes) from your search.
- You can use either uppercase or lowercase letters in your search.
★ Tip:
To ensure thoroughness, start with a search for the main part of your desired name. For instance, if you want "Sunset Ventures LLC", first search for "Sunset Ventures" and then "Sunset" to cover all possible variations.
How to Understand South Dakota LLC Search Results
If your search results show names that do not match yours exactly, your LLC name is likely available.
For example, if "Sunset Ventures LLC" yields results like "Sunset Management" and "Sunset LLC", your name should be available.
South Dakota Business Name Availability Search
South Dakota’s Secretary of State provides a Business Name Availability tool to check if your LLC name is available. This tool is useful for a final check, but it only verifies the exact name you enter and won’t identify similar names which could be problematic.
Keep in mind, that the availability check does not guarantee the name will be available when you file your Articles of Organization.
What If My Desired Name Is Not Available?
If the name you want is already in use, you will need to choose an alternative name or modify your desired name.
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South Dakota Secretary of State Contact Information
You can contact the South Dakota Secretary of State to check if your LLC name is available.
While this service might not be available in every state, South Dakota representatives can guide you through the process of using the South Dakota Business Name Search to see if your name is free. They can not guarantee that your name will be approved, but they can provide useful information.
Call the LLC Department at 860-509-6002, Monday through Friday, between 8:30 am to 4 pm Pacific Time.
South Dakota LLC Name Requirements
As per Section 47-37A-105 of the South Dakota LLC Act, there are several rules and requirements you should be aware of when naming a South Dakota business entity.
Comma Usage
You are not required to use a comma in your LLC name. Both formats are acceptable:
- Dakota Horizons LLC
- Dakota Horizons, LLC
Permissible Designators
Your LLC name must end with one of the following designators:
- LC
- L.C.
- LLC
- L.L.C.
- Limited Liability Co.
- Limited Liability Company
- Ltd. Liability Co.
- Ltd. Liability Company
✎ Note:
The term "LLC" is the most commonly used.
Restricted Designators
Your LLC name cannot include terms that imply it is another type of business entity, such as:
- Inc.
- Corp.
- Ltd.
- Incorporated
- Corporation
Restricted Words in South Dakota LLC Names
Your South Dakota LLC name cannot include words or abbreviations that are legally restricted.
For instance, you cannot name your LLC in a way that suggests it is a bank, a government agency, or any other entity that might mislead the public.
Additionally, you cannot use terms reserved for licensed professionals. These terms can differ by state but often include accountants, architects, attorneys, dentists, and engineers.
Ensuring Your South Dakota Business Name Is Distinguishable
To ensure your LLC name is acceptable, you must compare it with existing names using the South Dakota Secretary of State Business Information Search.
If your name is not unique, you will need to come up with a different or modified name.
Rules for Distinguishability
Designators
Merely changing the designator (the suffix of the name) does not make a name unique. For example, if "Dakota Outfitters LLC" is your desired name, it will not be acceptable if you find any of the following names in the South Dakota Business Name Search:
- Dakota Outfitters, Inc.
- Dakota Outfitters, Corp.
- Dakota Outfitters, Limited Liability Company
Different Spelling
Changing the spelling of a word won’t create distinguishability if the words still sound the same.
If your desired LLC name is "Black Hills Adventures LLC", it's not available to use if any of the following are found:
- Blaque Hills Adventurez Inc.
- Black Hillz Adventures Limited Co.
- Black H!lls Adventurz Corp.
Spaces and Punctuation
Because South Dakota determines distinguishability based on how names sound when read aloud, differences in punctuation won’t create distinguishability. Adding or removing spaces between words usually won’t create distinguishability either.
If your desired LLC name is "Badlands Tours LLC", it's not available to use if any of the following are found:
- Badlandstours Corp.
- Badlands-Tours Inc.
- Badlands “Tours” L.L.C.
And capitalization doesn’t matter in South Dakota business names. The name Badlands Tours LLC isn't available if any of the following are found:
- BADLANDS TOURS LLC
- badlands tours corp.
- BaDlAnDs ToUrS Inc.
Numerals or Spelled Out Numbers
Using numerals (like 5 or 101) instead of spelling out the number (like "five" or "one hundred and one") doesn’t create distinguishability.
If your desired LLC name is "605 Adventures LLC", it's not available to use if any of the following are found:
- Six Hundred Five Adventures LLC
- Six 0 5 Adventures Inc.
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What If My Business Name Is Rejected?
If you submit your South Dakota Articles of Organization and your chosen business name is not available, do not worry.
The state will inform you of the rejection and provide reasons. You will then need to resubmit with a new or adjusted name.
Do I need a name reservation in South Dakota?
No, a name reservation isn't required to form an LLC in South Dakota. You can directly file your LLC's Articles of Organization with your desired LLC name, making a name reservation an unnecessary step and a waste of money.
Does South Dakota require an LLC in the name?
Yes. Your South Dakota LLC name must include one of the following designators at the end:
- LLC
- Limited Liability Company
- Ltd. Liability Co.
Does my South Dakota LLC need a DBA?
No, you're not required to file a DBA ("Doing Business As") for your business entity in South Dakota. The state does not register DBAs for LLCs. A DBA allows your LLC to operate under a name different from its legal name (the name on your Articles of Organization). If you want to use a different name, you need to register a DBA Name online and pay an additional fee of $10 to the Secretary of State.
There is no limit to the number of DBAs an LLC can have, and the DBA name must be distinguishable from existing business names in the state.
When would my LLC use a DBA?
If you form an LLC called Rodeo Saddles and Spurs LLC but want to use a simpler name like Rodeo Saddles, you would need to register a DBA for that name. Similarly, if you want to operate under the name Rodeo Saddles and Spurs without the "LLC" suffix, you would need to file a DBA for that name as well.
How do I get a business domain name?
Once you've chosen a business name, it's a good idea to check the availability of your domain name before forming your LLC. You can use services like GoDaddy to search for available domain names.
What does "distinguishability" mean?
"Distinguishability" means that each business entity name must be unique in the records of the Secretary of State. No two businesses can operate with the same name. For example, if you want to form an LLC called Black Hills Landscapers LLC but a business named Black Hills Landscapers, Inc. already exists in South Dakota, you cannot use that name. It is not distinguishable from the existing business.
How do I come up with a business name?
Choosing a business name is crucial for branding. Here are some tips:
- Write down features of your company and desired associations.
- List as many names as possible without editing them initially.
- Review the list, noting variations and new ideas.
- Set the list aside, engage in another activity, and revisit it later to add further ideas.
- Read the list out loud and gather feedback from others.
- Repeat the process of reviewing, refining, and seeking feedback.
- If needed, use a trick like counting to 10 to make a decision. Trust your instincts.
Can I use the name of another South Dakota entity?
No, you cannot use the same name as another South Dakota business, regardless of the entity type. This rule applies even if the business is listed as "delinquent" on the Secretary of State's website. However, if a business is dissolved or canceled, the name may become available for use. The statuses indicating availability include:
- Dissolved
- Cancelled
- Terminated
- Withdrawn
- Revoked (Administrative)
Names with statuses such as “Active,” “Good Standing,” or “Delinquent” are not available for use.
How do I change my LLC name?
You can change your LLC's name by filing an Amendment form with the Secretary of State. Detailed instructions on how to change an LLC name in South Dakota are available from the Secretary of State.
How to start an LLC in South Dakota?
To start an LLC in South Dakota, follow these steps:
- Choose an LLC name and confirm its availability.
- Select a South Dakota Registered Agent.
- File the South Dakota LLC Articles of Organization.
- Complete and sign an LLC Operating Agreement.
- Obtain a Tax ID Number (EIN) from the IRS.
- Open an LLC bank account.
- Check if you need a business or sales tax license in South Dakota.