In most cases, you cannot register a DBA in South Carolina at the state level, because the Secretary of State’s office does not accept DBA or trade name filings from sole proprietorships, general partnerships, LLCs, or corporations.1SC Secretary of State. FAQs About Business Entities The one entity type that files an assumed name with the state is a limited partnership. For everyone else, trade-name recognition happens at the county or city level through your local business license.
Which Businesses Can File and Which Cannot
South Carolina is unusual. There is no statewide DBA registration system for most businesses. If you operate as a sole proprietor, a general partnership, an LLC, or a corporation, the Secretary of State will not accept a DBA filing from you. No form, no database entry, no certificate.2South Carolina Business One Stop. Registering with the Secretary of State – Section: Secretary of State Registration FAQs
The exception is limited partnerships. A domestic or foreign limited partnership operating under any name other than the one on its certificate must file an assumed name certificate with the Secretary of State.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name The Secretary of State’s own forms page states that limited partnerships are “the only entity for which the Secretary of State’s Office registers assumed names.”4South Carolina Secretary of State. Downloadable Paper Forms
How Most Businesses Handle a Trade Name
Since the state will not register your DBA, local government is where trade-name recognition happens. All standard business licenses in South Carolina are issued by the county or municipality where the business operates, and you can typically record your DBA on your local business license application. South Carolina Business One Stop also recommends checking with your county clerk’s office about any additional local DBA registration procedures.2South Carolina Business One Stop. Registering with the Secretary of State – Section: Secretary of State Registration FAQs
Rules vary. Some counties and cities ask for notarization, and fees differ from one jurisdiction to the next. If you plan to use a trade name, contact the clerk’s office in the county where your business is located before you start using the name commercially. For a sole proprietor, an LLC, or a corporation, that local license is the closest thing to a DBA you will get in South Carolina.
Assumed Name Filing for Limited Partnerships
If you operate a limited partnership and want to do business under a name different from the one on your certificate of limited partnership, you must file an assumed name certificate with the Secretary of State. The same requirement applies to foreign limited partnerships registered in South Carolina that want to use a name other than the one on their certificate of registration.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name
The assumed name cannot be deceptively similar to the name of any other limited partnership already authorized to do business in the state or to any name that has been reserved through the state’s name-reservation process.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name Before you file, search the Secretary of State’s Business Entities Online database to confirm the name is available.
What Goes on the Certificate
The filing requires the name shown on your certificate of limited partnership (or certificate of registration, for a foreign LP), the assumed name under which you plan to operate, and the address of your registered office in South Carolina. The official form is on the Secretary of State’s downloadable forms page.4South Carolina Secretary of State. Downloadable Paper Forms
How Long It Lasts
An assumed name certificate stays effective until December 31 of the fifth full calendar year after the year you filed it, unless you cancel it earlier by filing a certificate of termination. You can renew for additional five-year periods by filing a new assumed name certificate, no earlier than 90 days before the current one expires.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name
Foreign Entity Fictitious Names Are Not DBAs
Foreign corporations and LLCs sometimes have to adopt a fictitious name in South Carolina, and this gets confused with DBA registration. It is different. If your entity’s legal name does not meet the state’s naming requirements or is already taken by another business here, you may need a fictitious name to obtain or keep your certificate of authority. The Secretary of State’s office states plainly that this is not a DBA or trade name registration; it exists specifically for foreign entities whose legal names are unavailable for use in South Carolina.4South Carolina Secretary of State. Downloadable Paper Forms
For a foreign corporation, the process involves delivering a certified copy of a board resolution adopting the fictitious name, which must include a corporate designator such as “Corporation,” “Inc.,” or “Ltd.”5South Carolina Legislature. South Carolina Code 33-15-106 – Corporate Name of Foreign Corporation For a foreign LLC, the managers (or members, in a member-managed LLC) adopt a resolution for the fictitious name and file it with the Secretary of State.6South Carolina Legislature. South Carolina Code 33-44-1005 – Name of Foreign Limited Liability Company The fictitious name must be distinguishable from other names already on file with the Secretary of State.
A DBA Does Not Protect Your Name
A common misconception is that filing a DBA gives you exclusive rights to the name. It does not. A DBA is public notice, not intellectual property protection. Filing an assumed name certificate for a limited partnership, or recording a trade name on a local business license, does not stop another business from using the same name or something confusingly similar.
If you want actual legal protection for a business name, you need a federal trademark registration through the U.S. Patent and Trademark Office. A registered trademark gives you the exclusive right to use a name, logo, or slogan in connection with specific goods or services nationwide, and it gives you standing to take action against infringement. A DBA does neither.
Banking and Tax ID Questions
Opening a business bank account under a trade name can be awkward in South Carolina precisely because the state does not issue DBA certificates for most entity types. Banks want documentation proving your right to use the name. For a limited partnership with an assumed name certificate on file, that is straightforward. For sole proprietors and LLCs, you may need to bring your local business license showing the trade name, along with your formation documents and a government-issued ID.
On the tax side, you do not need a new Employer Identification Number just because you start using a DBA. The IRS has stated that changing your business name does not require a new EIN.7Internal Revenue Service. When to Get a New EIN Your existing EIN (or your Social Security number, if you are a sole proprietor without employees) stays the same. Notify the IRS of the name change and make sure your tax filings reflect the correct business name.