Who Must File For a Fictitious Name Registration South Dakota?
You are required to file a fictitious name statement if you operate a business as a proprietorship and do not include the last name of each owner in the business name. Corporations, partnerships, associations, cooperatives, and limited liability companies that are conducting business in South Dakota under any name other than their corporate name are also required to file any fictitious name under which they may conduct business.
Where to file a dba?
South Dakota DBA registration for a Sole Proprietorship or Corporaion and Limited Liability Company files with the South Dakota Secretary of state.
Electronically Filing a Fictitious Name
Online filing is available to file a fictitious name with the Secretary of state. You can also visit to
county register's office to register your dba instead of applying online.
Validity of a fictitious name
It is effective for five years and it must be renewed before expires to continue using it.
DBA Name availability
Multiple businesses can use same dba names unless it is trademarked and the owner of the trademark gives you a permission to use it for the advertising.
Changes are made in the existing DBA name
An amendment must be filed if 25% or more ownership interest is changed, because The Fictitious Name Registration process is intended to inform the public of the current ownership information.
Employer identification Number for a Sole Proprietorship
- An EIN is not required for a sole proprietorship, unless you are hiring employees.
- A new EIN will not be issued by the Internal Revenue Service to create a dba under a Corporation or a Limited Liability Company.
State processing time
State of South Dakota usually takes 24-48 hours to approve a dba application.
