South Dakota LLC Name Search
To conduct a South Dakota LLC name search, you’ll need to access the Secretary of State’s Business Entity Search tool. This will allow you to see if any business in the state is using a name that is the same as or deceptively similar to the one you want.
Found the perfect name? Make sure it’s available as a web domain and secure it today with GoDaddy.
South Dakota LLC Name Search Quick Summary
- You will need to use the Secretary of State’s Business Entity Search tool to find out if your desired South Dakota LLC name is available.
- This is a free tool which allows you to see if any business in the state is using a name that is the same as or deceptively similar to the one you want.
- To start your search, enter your desired LLC name into the “Search Name” field and click “Search.” If you want to exclude inactive or dissolved entities from your results, you’ll need to check the “Active Entities Only” box.
- If your search returns an exact or closely similar match, you will need to choose a different name. South Dakota requires every LLC name to be distinguishable from all other registered entities in the state.
- Remember to also search the U.S. Patent and Trademark Office (USPTO) database to make sure your name doesn’t infringe on any existing federal trademarks.
- Once you find an available name, you can reserve it for 120 days by mailing a Name Reservation application to the Secretary of State ($25 fee). If you’re ready to move forward, you can register it directly by filing your LLC Articles of Organization.
Check LLC Name Availability in South Dakota
1. Do a South Dakota Business Name Search
You can use South Dakota’s Business Name Availability Search for an EXACT name search and the Business Information Search for variations of a name to check the availability of your desired name.
To perform the most effective search, type in the name you would like to use, excluding identifiers like “LLC.” This will return all entities using the same or similar names. If your business name is several words, you can even search just the first two words to ensure you pull up all possible similar names.
Be sure to conduct a thorough search before completing your paperwork to avoid rejection.
2. Search Available Domain Names
Another important consideration to make when selecting a business name is whether or not your desired web domain name is available.
Having a URL that clearly matches your business name is important. This seemingly small step can make a big difference in how prospective customers find your business.
The best way to determine if your desired URL is available is to search for it online using your preferred domain registry, such as GoDaddy.
3. Follow South Dakota Naming Guidelines
When choosing a name for your limited liability company (LLC) in South Dakota, there are specific guidelines you need to follow.
Required Designators
Your LLC name must include one of the following designators:
- “Limited Liability Company”
- “Limited Company”
- Abbreviations: “L.L.C.,” “LLC,” “L.C.,” or “LC”
- “Limited” may be abbreviated as “Ltd.”
- “Company” may be abbreviated as “Co.”
Examples of acceptable names include:
- ABC Consulting Limited Liability Company
- XYZ Holdings LLC
Distinguishability From Other Entities
To register your LLC name in South Dakota, it must be distinguishable from the following:
- Names of existing corporations, limited partnerships, or companies incorporated, organized, or authorized to do business in the state.
- Names reserved or registered with the state.
- Fictitious names approved for foreign companies authorized to do business in South Dakota due to the unavailability of their real name.
Authorization for Non-Distinguishable Names
In some cases, you may apply to the Secretary of State for authorization to use a name that is not distinguishable from existing names. Authorization can be granted if:
- The current user, registrant, or owner of a reserved name consents to your use of the name and undertakes to change their name to a distinguishable one.
- You provide a certified copy of a final judgment from a court of competent jurisdiction, establishing your right to use the name in South Dakota.
Use of Another Company’s Name
Your LLC may use the name of another domestic or foreign company if the other company is organized or authorized to do business in South Dakota and:
- You have merged with the other company.
- You have been formed by reorganization with the other company.
- You have acquired substantially all of the assets, including the name, of the other company.
Not sure what to name your business? Check out our LLC Name Generator.
Registering Your South Dakota Business Name
Whether you’re prepared to launch your LLC or still in the planning phase, we’re here to guide you through the process.
Register Your South Dakota LLC
Registering your LLC name in South Dakota is a relatively straightforward task. Your business name becomes officially registered when you file the South Dakota Articles of Organization. This critical document marks the formal establishment of your business in the state.
The South Dakota Secretary of State’s website provides detailed instructions on how to fill out the form and pay the necessary state filing fee.
Form an LLC
If you’ve verified your domain name and are good to go, we recommend using a professional LLC formation service like ZenBusiness ($0+ State Fees).
Reserve Your South Dakota Business Entity Name
South Dakota’s Secretary of State Division of Corporations handles all LLC naming questions and requests. Business names can be reserved for 120 days. If you have yet to form your business entity using the reserved name when the business name reservation expires, you will not be able to reserve the name again until 60 days after the expiration date.
To reserve a business name, you must file an application by mail. There is currently no online option for name reservations. When reserving your name, you will have to pay a filing fee. Checks must be made out to the “Secretary of State.”
After choosing a name for your LLC, take the next step and create a unique logo with our Free Logo Generator.
South Dakota Application for Reservation of Name
File by Mail With the South Dakota Secretary of State
Download FormFee: $25
Mail to:
Secretary of State
Capitol Building
500 East Capitol Avenue
Pierre, SD 57501-5070
Other Considerations
While reserving the name for your LLC is straightforward, there are some other things you should think about when choosing the best name for your business. You may want to do a Trademark and Social Media search for your name to see if it’s available for use across the internet. This will help ensure you have full, unrestricted use of your business name.
Trademark Search
Conducting a trademark search of your business name and associated slogans or logos before registering can help prevent costly litigation in the future. Discovering that another entity has trademarked your business name does not automatically disqualify you from using it.
However, it is important to know who is using the name, what industry they operate in, and where they are located to be sure you do not inadvertently infringe upon anyone’s intellectual property rights.
To complete this step:
- Do a South Dakota trademark search to see if your business name or associated slogans, logos, or others are in use by another business in your state.
- Search the U.S. Patent and Trademark Office’s electronic records to find any federally registered trademarks associated with your business name.
Social Media Search
Just as important, or more so, than finding a domain name that fits your business is ensuring that your business name is available for use across social media platforms. To do this, you can search for your business name on each major site, or use a tool such as Namecheckerr to search across all platforms at once.
Bottom Line
According to recent data from the U.S. Census Bureau, South Dakota now processes over 11,000 new business applications per year.
While this can make finding a unique business name seem daunting, it’s important that you don’t rush the process or settle for the first available name you find. Take the time to choose something memorable that reflects your brand, works as a domain, and won’t limit you as your business grows.
FAQs
To check the availability of an LLC name in South Dakota, you can use the online LLC name search tool provided by the South Dakota Secretary of State. Enter your desired LLC name and review the search results to ensure that the name is not already registered or in use by another business entity.
Conducting an LLC name search in South Dakota is crucial to ensure that your chosen name is unique and distinguishable from other registered entities. This step helps prevent potential legal conflicts, trademark infringement issues, and confusion among consumers.
It is recommended to perform an LLC name search in South Dakota during the early stages of forming your LLC. If a significant amount of time has passed since your last search and you haven’t registered the name yet, it’s advisable to perform a new search before proceeding with registration.
In South Dakota, your LLC name must be distinguishable from other registered entities, and it should include the words “Limited Liability Company,” “LLC,” or “L.L.C.” It should also avoid using words that could mislead the public or imply a purpose it does not serve.
Yes, after conducting a name search and confirming the availability of your desired LLC name in South Dakota, you can reserve it by filing a Name Reservation application with the South Dakota Secretary of State’s office. This allows you to hold the name for a period of 120 days, providing time to complete the necessary filings and registrations for your LLC.
No, you cannot immediately renew a name reservation in South Dakota. A business name reservation lasts for a strict period of 120 days. Once that reservation expires, state law requires a 60-day waiting period before you, or anyone else, can apply to reserve that exact name again.
Yes, the South Dakota Business Entity Search tool is completely free to use. You can use the online database as many times as you need to without paying any fees.