Register a DBA in South Dakota
Filed with the state
A DBA (fictitious or assumed business name) lets you operate, bank, and advertise under a trade name. Below: who must file in South Dakota, where, for how long, and what happens if you don't — quoted from the statutes.
Filing office
The registry is the Secretary of State's electronic filing system: statements are filed electronically with the Secretary of State, or in paper form with any county register of deeds - and the register of deeds must, within seven days, record paper filings on the Secretary of State's electronic filing system, so all filings land in the state system.
Term & renewal
Five years - the filing must be renewed every fifth year.
Publication
Not addressed in the act.
Exclusive rights?
Registration generally does not create exclusive name rights.
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Fictitious name statement - new filing or five-year renewal
SDCL § 37-11-1 ('A fee of ten dollars shall be paid with each new filing and renewal.')
$10
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Statement on change of 25% or more of the ownership interest in the business
SDCL § 37-11-2 ('A fee of ten dollars shall be paid with each filing under this section.')
$10
Statutory amounts are as printed in the statute; agencies may adjust them by fee schedule.
State and county fees are set by law, never discounted, and collected with your order.
Who must file in South Dakota
| Business type | Required? | Where |
|---|---|---|
| Sole proprietors doing business under a name not plainly showing their true surname | Yes | Secretary of State (electronic) or any register of deeds (paper) |
| General partnerships whose business name does not plainly show each partner's true surname | Yes | Secretary of State (electronic) or any register of deeds (paper) |
| Registered entities (corporations, LLCs, etc.) operating under their registered name | No | Exempt - their name is already on file with the Secretary of State in a required business filing |
The law behind it
Quoted verbatim from Registration of Business Names (fictitious name statement) (S.D. Codified Laws ch. 37-11 (§§ 37-11-1 to 37-11-5)).
What the law requires
South Dakota requires any person regularly engaging in or conducting a business in the state to file a fictitious name statement unless the business name plainly shows the true surname of each person interested in the business, or the name is already on file with the Secretary of State in a required business filing (which covers registered entities operating under their true names). The statement is filed electronically with the Secretary of State, or in paper form with any register of deeds, and is renewed every fifth year for a $10 fee.
"Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply: (1) The name of the business plainly shows the true surname of each person interested in the business; or (2) The name of the business is on file with the secretary of state in a required business filing. The fictitious name statement shall include the name, post office address, and residence address of each person interested in the business and the address where the main office of the business is to be maintained. The fictitious name statement shall be electronically filed with the secretary of state, or filed in paper form with any register of deeds in the state." — SDCL § 37-11-1
Where filings go
The registry is the Secretary of State's electronic filing system: statements are filed electronically with the Secretary of State, or in paper form with any county register of deeds - and the register of deeds must, within seven days, record paper filings on the Secretary of State's electronic filing system, so all filings land in the state system.
"The register of deeds shall, within seven days, electronically record, on the electronic filing system maintained by the secretary of state, the information collected on paper forms filed with the register of deeds pursuant to §§ 37-11-1 and 37-11-2." — SDCL §§ 37-11-1, 37-11-3
How long it lasts
Five years - the filing must be renewed every fifth year. Renewal: Renewal every fifth year, with a $10 fee paid with each new filing and renewal.
"The filing shall be renewed every fifth year thereafter. A fee of ten dollars shall be paid with each new filing and renewal." — SDCL § 37-11-1
Entities and assumed names
South Dakota's entity codes provide the name-conflict mechanism: a foreign corporation whose corporate name does not satisfy the state's distinguishability requirements may either add a corporate indicator (corporation, incorporated, company, limited or an abbreviation) or use a fictitious name by delivering a certified board resolution to the Secretary of State for filing (SDCL 47-1A-1506); the fictitious name itself must be distinguishable on the Secretary of State's records (47-1A-1506.1). A parallel fictitious-name approval for foreign LLCs is referenced at SDCL 47-34A-1005 (via 47-34A-105(b)(3)). Domestic-name conflicts are governed by SDCL 47-1A-401.1, which notes 'This chapter does not control the use of fictitious names' (47-1A-401.3).
"May use a fictitious name to transact business in this state if its real name is unavailable and it delivers to the secretary of state for filing a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name." — SDCL § 47-1A-1506(2); see also §§ 47-1A-1506.1, 47-1A-401.1, 47-34A-105(b)(3)
Statutory text quoted from the official published statutes; dataset last regenerated 2026-09-09. Read the full code at the South Dakota statutes. This is information, not legal advice — laws change.
If you skip it
A non-compliant person or firm may not maintain a legal action in the business name, and may not recover anything or enforce any right arising out of the business, until the required statement is filed. (SDCL § 37-11-5)
All persons interested in the business at any time remain liable at all times for contracts or obligations incurred while they were so interested. (SDCL § 37-11-4)
South Dakota DBA FAQs
Who has to file a fictitious name statement in South Dakota?
Where is a South Dakota fictitious name statement filed, and what does it cost?
How long does a South Dakota fictitious name filing last?
What happens if a business skips the South Dakota fictitious name filing?
Related services
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