NAMING YOUR SOUTH DAKOTA LLC
1. Naming Guidelines
Choosing a company name is the first and most important step in starting your LLC. Be sure to choose a name that complies with South Dakota naming requirements and is easily searchable by potential clients.
Be sure to follow these naming guidelines:
- Your name must include the phrase “limited liability company” or one of its abbreviations (LLC or L.L.C.).
- Your name cannot include words that could confuse your LLC with a government agency (FBI, Treasury, State Department, etc.).
- Restricted words (e.g. Bank, Attorney, University) may require additional paperwork and a licensed individual, such as a doctor or lawyer, to be part of your LLC.
For a complete list of naming rules in South Dakota, you can read the South Dakota Legislature guidelines.
Not sure what to name your business? Check out our LLC Name Generator.
2. Is the Name Available in South Dakota?
Before filing your name reservation request, 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.
3. Is the URL available?
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 using your preferred domain registry, such as GoDaddy.
After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free
4. Reserve Your 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.”
South Dakota Application for Reservation of Name
Secretary of State
500 East Capitol Avenue
Pierre, SD 57501-5070
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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.
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:
- Search South Dakota’s trademark records by filling out the Trademark Database Subscription form 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. You can do this by simply searching your business name on each major site, or use a tool such as Namecheckr to search across all platforms at once.
Having a name for your business is an important first step for creating a successful LLC, and one that is incredibly easy to do. Once you have found your preferred name using South Dakota's Business Information Search and Name Availability Search, you'll want to secure your domain name so that your customers will be able to find your business online. Reserving your name with an Application for Reservation of Name will help you stand out from the competition. With your name secured, you will be ready to take the next steps to formalize your LLC.