South Dakota LLC Name Search
One of the first steps to the formation of a South Dakota LLC is to search for the specific LLC name and ensure that is available for use.
It is possible to browse all of the existing business names that are found in South Dakota through the use of the link below. However, it is recommended that you read through this full lesson as there are a number of requirements and restrictions that you should come to an understanding of before you try to form a South Dakota LLC
South Dakota Secretary of State Business Name and LLC Search:
When reviewing the various options, be sure to click on “Contains” when researching through the South Dakota name database. This one step will ensure that more business names that are similar to your desired LLC appear in the search results.
Statute: The rules and regulations for a South Dakota LLC are governed through the South Dakota Uniform LLC Act, Section 47-34A-105.
How To Search For A South Dakota LLC Name
1) It is best to begin the process by only searching for a section of the name to find anything that is similar. If you are looking to create a name under “Organic Farm Market LLC”, you should just start out with “Organic Farm”.
There is a reason for this type of thinking. If there are businesses with very similar names, you are going to see them all as you do not want any confusion with your LLC filing or name.
2) When searching you will want to do it without the LLC.
3) During the search process, you will want to leave out all punctuation including periods, quotes, and hyphens.
4) The South Dakota name database will also ignore any form of capitalization meaning you can use any form you prefer.
5) Use the “Contain” parameter as opposed to the “Starts With” to help broaden the search criteria and see names that are similar to your own.
How To Understand The Search Results
– If the results contain names that are not too close to your own desired name, your South Dakato LLC is available to use.
If you come up with a message stating that “No Records Found”, it means your name is completely unique and can be used.
If your desired name appears on the list already as you preferred, the South Dakota LLC is not available for use. At this stage, you will be required to come up with a unique name or some variation of the previous name that will help distinguish it.
If there is a name that is deceptively similar to your own, South Dakota LLC will more than likely be rejected.
Statuses in the Secretary of State’s Database
You will be able to witness the various statuses while researching businesses that are in the database of the Secretary of State.
If the name you were wanting to use has any of the following statuses, you will not be able to use it.
– Good Standing
If the name has any of the following statuses, it will be available to use
– Revoked (Administrative)
However, it is important to realize that the prior owners of these specific names can make a claim against your business. In addition, it is possible for collection agencies and courts to mistake your new business for the old one. In order to avoid all of the stress, headaches, and potential lawsuits, it is recommended that you choose an LLC name that is totally unique.
South Dakota LLC Name Requirements & Restrictions
Before you are able to finalize your LLC name, it is essential to fully understand all of the requirements in South Dakota.
Below is a simple overview:
– Restricted Designators – You are not allowed to make your LLC sound as if it is a corporation.
– LLC Designoators – You are required to use a proper designator at the end of the LLC name.
– Restricted Wording – There are specific words that may only be used in your LLC name with express permission.
Comma – A comma within the LLC may be used prior to the designator or it may be left out.
Your LLC in South Dakota must contain one of the following
– Ltd. Liability Company
– Ltd. Liability Co.
– Limited Liability Company
– Limited Liability Co.
For example, if you are planning on creating the name Green’s Beans Farm, it will need to be filed as Green’s Beans Farm LLC or Green’s Beans Farm L.L.C.
If you are unsure of the proper designator to use, simply use LLC, as it is the most common.
A South Dakota LLC may not under any circumstances imply that it is any type of Limited Partnership, Corporation, or Other business entity.
The following Designators can not be used anywhere within your LLC name:
– Limited Partnership
– Limited Liability Partnership
Comma Within The LLC Name
It is possible to file your LLC name with or without a comma placed before the designator. Both forms are considered acceptable within the state of South Dakota.
You could either file as Eugene’s Auto Parts, LLC or Eugenes Auto Parts LLC. This is one of those aspects that is solely up to personal preference.
There is some restricted wording that must gain approval from specific institutions such as insurance, education, banking departments, and other professional organizations. There are also prohibited words that are never allowed.
Restricted wording can include Olympic, University, Mortgage, College, Redevelopment, Bank, Credit Union, Banking, Trust, and Insurance.
Unless you have plans to form a Professional LLC or PLLC, you will not be able to use the words Appraiser, Land Surveyor, Doctor, Dentists, Architect, Lawyer, Attorney, Engineering, Engineer, etc.
Prohibited words include Government, FBI, United States, City, Township, County, Borough, United States of America, and Federal. Additionally, one is not allowed to use vulgar or curse words. Wording cannot imply that your business is part of the local, state, or federal government, leads to the belief that it is a public institution, or it is some form of illegal entity,
Important Final Reminder
It is important that you do not file for an EIN before your South Dakota LLC has been fully approved.
Additionally, it is best to wait before you filly purchase any marketing materials such as business cards, signs, letterhead until your name has been approved by the South Dakota Secretary of State.
South Dakota Secretary of State Contact Info
If you have any questions regarding an LLC name, the Secretary of State is available Monday through Friday, 8:00 am – 5:00 pm Central Time at 605-773-4845.