Secretary of State South Dakota business entity search

How the Business Information Search works

The Business Information Search looks up businesses by name or by Secretary of State Business ID. Its match options are Starts With and Contains, and an Active Entities Only box limits the results to active entities.

The state says information about individual business entities can be searched, viewed and printed with this tool for free. Use the Active Entities Only box when you only need to see companies that are still active. Use it to see a business's details once a name turns up.

The Business Name Availability search is a separate tool. It matches the exact name only, so spelling variations need the Business Information Search. The Secretary of State also reviews the name again when the formation document is processed.

What makes a South Dakota LLC name distinguishable

An LLC name must be distinguishable on the Secretary of State's records from the names of certain entities. Those are any corporation, limited partnership or company incorporated, organized or authorized to transact business in South Dakota. The statute lists them under 47-34A-105.

The name also has to be distinguishable from reserved or registered names. A name that is not distinguishable needs the other holder's consent or a court judgment.

Reserving a South Dakota name for 120 days

A reservation costs $25 and holds the name for 120 days. The statute says the Secretary of State reserves the name for the applicant's exclusive use for one hundred twenty days.

The same applicant may not reserve the same LLC name again until more than sixty days after the last 120-day period ends. Corporate reservations are nonrenewable.

Annual reports, late fees and filing on paper

Articles of Organization for a domestic LLC cost $150 when filed online and $165 on paper. The paper figure includes the paper filing fee.

The annual report costs $55 online and $70 on paper. The fee schedule lists a $55 late fee, while the annual report instructions list $50 for each late report. Filing on paper adds $15 to forms that can be filed online.

Trade names and DBA registration

A DBA, or fictitious business name, costs $10 to register with the Secretary of State. The DBA page on the state's site says a registration must be renewed every 5 years.

The DBA registry does not form an LLC or corporation, so a business still needs its own formation filing. The DBA fee is a separate payment from the formation fee. For the wider picture, see fictitious, assumed and trade names.

Checking and claiming a name in South Dakota

1. Search the name in the Business Information Search, using both Starts With and Contains.
2. Repeat the exact spelling in the Business Name Availability search.
3. Check that the name ends with an ending from the endings each state accepts.
4. Reserve the name for $25 if you need 120 days, or file Articles of Organization for $150 online or $165 on paper. Compare these figures with the LLC cost calculator.