Skip to content

How to File a DBA in South Dakota

In South Dakota a DBA is a fictitious business name statement filed with the Secretary of State for $10, with no newspaper publication required. Attorney review available.

Find out where you stand in South Dakota

What kind of business is registering the name?

DocDraft provides document preparation, not legal advice.

Introduction

In South Dakota, a DBA is registered as a fictitious business name, the public filing that lets a person or business use a name different from the owner's legal name; it creates no separate legal entity. You register it by filing a fictitious name statement electronically with the South Dakota Secretary of State, or in paper form with any register of deeds in the state, and the fee is $10 (SDCL 37-11-1). The registration is statewide, so the same $10 fee applies whether you file with the Secretary of State or a register of deeds. South Dakota does not require you to publish the fictitious name in a newspaper. Filing a fictitious business name 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. A South Dakota fictitious name filing must be renewed every fifth year to keep it in effect (SDCL 37-11-1). Filing also matters because South Dakota law can bar a business that has not filed from bringing a legal action to enforce a right arising from the business until it files (SDCL 37-11-5). DocDraft builds your South Dakota fictitious business name statement from your facts, with attorney review available before you file.

Key Things to Know

  1. 1

    In South Dakota a DBA is called a fictitious business name. It is a public registration that lets you use a business name different from the owner's legal name; it creates no separate legal entity.

  2. 2

    You file a fictitious name statement electronically with the South Dakota Secretary of State, or in paper form with any register of deeds in the state (SDCL 37-11-1). It is a statewide registration.

  3. 3

    The fee is $10 for each new filing and each renewal, and it is the same across South Dakota whether you file with the Secretary of State or a register of deeds (SDCL 37-11-1).

  4. 4

    South Dakota does not require you to publish the fictitious business name in a newspaper. No section of SDCL chapter 37-11 imposes a publication step.

  5. 5

    A South Dakota fictitious name filing must be renewed every fifth year to stay in effect (SDCL 37-11-1). Track the fifth-year renewal so your registration does not lapse.

  6. 6

    A DBA does not give you any ownership of or exclusive right to the name, and it does not limit your liability. A sole proprietor with a fictitious name is still personally responsible for the business.

  7. 7

    You should file before doing business under a name that does not plainly show the surname of each owner, because South Dakota can bar an unfiled business from bringing a legal action to enforce a right until it files (SDCL 37-11-5).

Key decisions before you file

Before you file a DBA (Doing Business As) in South Dakota, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.

Open the DBA (Doing Business As) guide

Customize your DBA (Doing Business As) Template with DocDraft

South Dakota Requirements for DBA (Doing Business As)

  • File Statewide With the Secretary of State

    In South Dakota a DBA is a fictitious name statement filed statewide, either electronically with the Secretary of State or in paper form with any register of deeds in the state (SDCL 37-11-1). There is no separate county process with its own fee.

  • The 10 Dollar Fee

    The fee is 10 dollars for each new filing and each renewal, set by statute. It is the same across South Dakota whether you file with the Secretary of State or a register of deeds (SDCL 37-11-1).

  • The Fictitious Business Name

    The exact fictitious name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and a filing is expected when the name does not plainly show the surname of each owner.

  • Registrant and Persons Interested

    The full legal name of the registrant plus the name, post office address, and residence address of each person interested in the business. For a general partnership, every partner is listed on the statement.

  • Main Office Address

    The address where the main office of the business is maintained. The statement records this address along with the addresses of each person interested in the business.

  • No Newspaper Publication

    South Dakota does not require publication of the fictitious business name in a newspaper. No section of SDCL chapter 37-11 imposes a publication step after you file.

  • Renew Every Fifth Year

    A South Dakota fictitious name filing must be renewed every fifth year to stay in effect (SDCL 37-11-1). The renewal fee is 10 dollars. Track the fifth-year renewal so the filing does not lapse.

  • No Entity, No Trademark, No Liability Shield

    A South Dakota DBA is only a name registration. 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.

Frequently Asked Questions