How to File a DBA in South Carolina
In South Carolina there is no general statewide DBA filing; a sole proprietor simply uses a trade name. Attorney review available.
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Introduction
In South Carolina there is nothing to file for a routine DBA, so a person or company simply adopts a trade name, the doing-business-as name it operates under that differs from the owner's legal name and that creates no separate legal entity. South Carolina is unusual: it has no general statewide DBA, fictitious name, or assumed name registration. The Secretary of State states plainly that sole proprietorships and general partnerships do not file with the Secretary of State Office, so a sole proprietor who wants to run a business under a trade name usually just uses the name, gets an EIN from the IRS, and opens a business bank account in that name. There is no statewide South Carolina DBA form or fee for a sole proprietor. A domestic corporation or LLC can also operate under a trade name without a separate state DBA filing, because it is already on record with the Secretary of State under its registered name. South Carolina requires a state assumed-name filing only in narrow cases: a limited partnership that does business under a name other than the one in its certificate of limited partnership files an assumed name certificate with the Secretary of State, effective for five full calendar years and renewable for additional five-year periods (S.C. Code 33-42-45), and a foreign corporation or LLC whose real name is unavailable in South Carolina adopts a fictitious name to register here (S.C. Code 33-4-101). South Carolina requires no newspaper publication of a trade name. Filing or using a DBA does not create a corporation or an LLC, does not shield the owner from liability, and does not give a trademark or an exclusive right to the name. DocDraft builds your South Carolina trade name statement from your facts, with attorney review available before you use it.
Key Things to Know
- 1
South Carolina has no general statewide DBA filing, so a DBA here is simply a trade name, also called an assumed or fictitious name, that you use to do business under a name different from the owner's legal name. It creates no separate legal entity.
- 2
South Carolina has no general statewide DBA registration. The Secretary of State states that sole proprietorships and general partnerships do not file with the Secretary of State Office, so a sole proprietor is not required to register a trade name with the state.
- 3
Because there is no statewide DBA filing for a sole proprietor, there is no statewide South Carolina form or fee. In practice you operate under the name, get an EIN from the IRS, and open a business bank account in the trade name; a bank may ask for documentation of the name.
- 4
A domestic South Carolina corporation or LLC can also use a trade name without a separate state DBA filing. The entity is already on record with the Secretary of State under its registered name.
- 5
A South Carolina limited partnership that conducts business under a name other than the one in its certificate of limited partnership files an assumed name certificate with the Secretary of State, effective for five full calendar years and renewable for additional five-year periods (S.C. Code 33-42-45).
- 6
A foreign corporation or LLC whose real name is not available in South Carolina adopts a fictitious name to register and transact business here (S.C. Code 33-4-101). South Carolina requires no newspaper publication of a trade name or assumed name.
- 7
A trade name does not create a separate legal entity, does not limit the owner's liability, and gives no trademark or exclusive right to the name. A sole proprietor using a trade name remains personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in South Carolina, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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South Carolina Requirements for DBA (Doing Business As)
No Statewide DBA Registration
South Carolina has no general statewide DBA, assumed name, or fictitious name registration for a sole proprietor. The Secretary of State provides that sole proprietorships and general partnerships do not file with the Secretary of State Office.
No Statewide Form or Fee
Because there is no statewide DBA filing for a sole proprietor, there is no statewide South Carolina form or fee. A sole proprietor simply operates under the trade name and often gets an EIN and a business bank account.
The Trade Name
The exact trade name (assumed or fictitious name) to use. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity.
Registrant and Owners
The full legal name and address of the registrant, the type of registrant, and the name and address of each owner. For a general partnership, every partner is listed.
Principal Place of Business
The street address and county of the principal place of business in South Carolina. This is used for the business records even though the state requires no DBA filing.
Limited Partnership Assumed Name
A limited partnership that conducts business under a name other than the one in its certificate of limited partnership files an assumed name certificate with the Secretary of State, effective for five full calendar years and renewable (S.C. Code 33-42-45).
Foreign Entity Fictitious Name
A foreign corporation or LLC whose real name is unavailable in South Carolina adopts a fictitious name to register and transact business here (S.C. Code 33-4-101). South Carolina requires no newspaper publication of a trade name.
No Entity, No Trademark, No Liability Shield
A South Carolina trade name is only a name. It creates no separate legal entity, gives no exclusive right or trademark in the name, and does not limit the personal liability of a sole proprietor or general partner.