To register a DBA in South Carolina, what you file depends on your entity type. Sole proprietors using a name other than their own legal name, and general partnerships, file ownership disclosures with the clerk of court in the county where the business operates. Limited partnerships file an Assumed Name Certificate with the Secretary of State. LLCs and corporations have no DBA filing option in South Carolina at all.1South Carolina Business One Stop. Registering with the Secretary of State
There is no single statewide DBA registry. Two separate laws govern trade names depending on your business structure, and the process, cost, and paperwork are different for each.
Filing at the County Clerk of Court (Sole Proprietors and General Partnerships)
If you are a sole proprietor using any name other than your full legal name, or you run a general partnership, South Carolina law requires you to file the names of all owners with the clerk of court in the county where your principal place of business is located.2South Carolina Legislature. South Carolina Code Title 39 Chapter 13 – Transacting Business Under Assumed Name The statute doesn’t call this “DBA registration,” but it does the same job.
Sole proprietors operating under their own legal name are exempt. If your name is Maria Torres and you do business as “Maria Torres Consulting,” no filing is needed. If you do business as “Palmetto Digital Marketing,” you have to file.
How to File
Contact the clerk of court in the county where your business operates. Forms and procedures vary by county, so call ahead or check the clerk’s website. Bring:
- Government-issued photo ID
- Your full legal name
- Business address
- The trade name you plan to use
Some counties require the form to be notarized. The state statute sets a filing fee of $0.25, though most county offices charge more in practice to cover administrative costs.
The Sign Requirement
Chapter 13 also requires businesses to display the owner’s name on a sign at the entrance of each business location. Enforcement varies, but it remains part of the law. Noncompliance is a misdemeanor carrying a fine of up to one dollar per day of violation.2South Carolina Legislature. South Carolina Code Title 39 Chapter 13 – Transacting Business Under Assumed Name The dollar figures haven’t been updated in decades, but the misdemeanor classification is worth taking seriously.
If Ownership Changes
When ownership of the business changes, the departing owner must file a notice of change with the same clerk of court. Until that notice is filed, the former owner can remain personally liable for the business’s debts and contracts.
Filing an Assumed Name Certificate (Limited Partnerships)
Limited partnerships are the only South Carolina entity that files an assumed name with the Secretary of State. Section 33-42-45 requires this whenever a limited partnership wants to conduct business under a name different from what appears on its certificate of limited partnership.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name Foreign limited partnerships registered in South Carolina face the same requirement for names different from their certificate of registration.
The Assumed Name Certificate must include:
- The legal name shown on the partnership’s certificate of limited partnership (or certificate of registration for foreign LPs)
- The assumed name, which cannot be deceptively similar to the name of any other limited partnership authorized to do business in South Carolina
- The address of the partnership’s registered office in the state
Download the form from the Secretary of State’s Downloadable Paper Forms page under the domestic limited partnership section.4South Carolina Secretary of State. Downloadable Paper Forms The fee is $10. Online filing is not available. Mail the completed form and a check or money order payable to the South Carolina Secretary of State to:
SC Secretary of State’s Office
1205 Pendleton Street, Suite 525
Columbia, SC 292015South Carolina Secretary of State. Contact and Feedback
LLCs and Corporations Cannot File a DBA
If you operate an LLC or corporation in South Carolina, no assumed name filing is available. The Secretary of State does not accept DBA filings for these entities.1South Carolina Business One Stop. Registering with the Secretary of State This surprises owners familiar with other states where any entity can file a DBA.
To operate under a different name, your options are to amend your articles of organization or articles of incorporation to change the entity’s legal name, or to form a new entity under the desired name. Both require filings with the Secretary of State. A business attorney can help you weigh the choice, since it has tax and liability implications beyond the name itself.
Check Name Availability First
Before filing anything, search the Secretary of State’s business entity database for your desired name.6South Carolina Secretary of State. Business Name Search For limited partnerships, the assumed name cannot be deceptively similar to another limited partnership’s name authorized in South Carolina or to any name reserved under Section 33-42-40.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name
Even where the law doesn’t require a search, doing one protects you. A DBA or county filing doesn’t give you exclusive rights to a name. If another business already uses the same name in your market, you risk customer confusion and a trademark dispute regardless of who filed first. Run a broader internet search and check whether the matching domain is available too.
Renewal, Updates, and Cancellation
Limited Partnership Assumed Names
An assumed name certificate filed with the Secretary of State is valid for five years. It expires on December 31 of the fifth full calendar year after the year of filing. To extend, file 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 The extension fee is $10.4South Carolina Secretary of State. Downloadable Paper Forms
The filing terminates automatically if the partnership’s certificate of limited partnership is canceled or the partnership files a certificate of termination. You cannot amend an existing assumed name certificate directly. To change the assumed name, file a new certificate.
County Filings
Chapter 13 does not set an expiration date, but individual counties may have their own renewal or update requirements. Ownership changes must be filed with the clerk of court.2South Carolina Legislature. South Carolina Code Title 39 Chapter 13 – Transacting Business Under Assumed Name Contact your county clerk for specifics on canceling a filing or updating information.
What a DBA Does Not Do
It Does Not Protect the Name
A DBA or assumed name certificate is a disclosure. It tells the government who is operating under a particular business name. It does not give you exclusive rights to the name, and it won’t stop another business from using the same or a similar one. For that, trademark registration is the tool. South Carolina offers state-level trademark registration through the Secretary of State; a mark can be registered for a five-year period if it meets the statutory requirements and is already in use.7South Carolina Secretary of State. Trademarks Federal trademark registration through the USPTO covers you nationwide, with fees starting at $350 per class of goods or services.8United States Patent and Trademark Office. Trademark Fee Information
It Is Not a Business License
Filing a trade name is not a business license. South Carolina has no statewide business license. Licenses come from the county or municipality where your business operates, and not all local governments require one.9South Carolina Business One Stop. Local Business License Check with your local government after completing your name filing.
You Do Not Need a New EIN
Changing or adding a business name does not require a new Employer Identification Number. Sole proprietors, corporations, and partnerships that change their business name keep their existing EIN.10Internal Revenue Service. Do You Need a New Employer Identification Number Notify the IRS of the name change on your next tax return or by writing to the IRS office where you file. Sole proprietors report all income earned under a trade name on Schedule C of their personal Form 1040; there is no separate filing for the DBA itself.11Internal Revenue Service. About Schedule C (Form 1040), Profit or Loss from Business (Sole Proprietorship)
Opening a Bank Account
Most banks require documentation of your business name before opening an account under it. Sole proprietors typically bring the county clerk filing along with a photo ID and EIN. Some banks accept a Social Security number for sole proprietors, but an EIN is strongly recommended so your SSN stays off business paperwork. Limited partnerships should bring a copy of the assumed name certificate filed with the Secretary of State. Requirements vary by bank, so call ahead to confirm.