You probably cannot register a DBA in South Carolina, because the Secretary of State 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 only entity that files an assumed name at the state level is a limited partnership. Everyone else records a trade name through the local business license process in the county or city where they operate.
Who Can File at the State Level
South Carolina has no general DBA registration system. If you run a sole proprietorship, a general partnership, an LLC, or a corporation, the Secretary of State will not accept a DBA filing from you. There is no statewide form, no database entry, and no certificate to obtain.2South Carolina Business One Stop. Registering with the Secretary of State – Section: Secretary of State Registration FAQs
Limited partnerships are the exception. 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 forms page describes limited partnerships as “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
Because the state does not register DBAs for most entity types, local government is where trade name recognition happens in practice. 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 that local license application. South Carolina Business One Stop also recommends contacting 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
Requirements vary. Some jurisdictions ask for notarization, and fees differ from one location to the next. Call the clerk’s office in the county where your business is located before you start using the name commercially. For sole proprietors, LLCs, and corporations, this local step is the closest thing to a DBA registration you will find in South Carolina.
Assumed Name Certificate for a Limited Partnership
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 rule covers foreign limited partnerships 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 South Carolina, or to any name reserved through the state’s name-reservation process.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name Search the Business Entities Online database before filing to confirm your name is available.
What Goes on the Form
The certificate requires the name on your certificate of limited partnership (or certificate of registration, for a foreign LP), the assumed name you plan to use, and the address of your registered office in South Carolina. The 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 is 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 period expires.3South Carolina Legislature. South Carolina Code 33-42-45 – Assumed Name
Foreign Entities With Unavailable Legal Names
A separate process sometimes gets mistaken for DBA registration. If a foreign corporation, LLC, or nonprofit has a legal name that does not meet South Carolina’s naming requirements or is already taken, it may need to adopt a fictitious name to obtain or keep its certificate of authority. The Secretary of State’s office states plainly that this is not a DBA or trade name registration; it applies only to foreign entities whose legal names are unavailable for use in the state.4South Carolina Secretary of State. Downloadable Paper Forms
A foreign corporation adopts its fictitious name by board resolution and delivers a certified copy to the Secretary of State; the name 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 A foreign LLC follows a parallel process by manager or member resolution.6South Carolina Legislature. South Carolina Code 33-44-1005 – Name of Foreign Limited Liability Company In either case, the fictitious name must be distinguishable from other entities already on file.
What a DBA Will Not Do
A DBA is public notice, not intellectual property protection. Filing an assumed name certificate, or recording a trade name on your local business license, does not stop another business from using the same name or something confusingly similar. If you want legal protection for your business name, you need a federal trademark registration through the U.S. Patent and Trademark Office, which gives you exclusive rights to a name, logo, or slogan in connection with specific goods or services nationwide, and standing to act against infringement. A DBA gives you neither.
Banking and Your EIN
Opening a business bank account under a trade name can be awkward in South Carolina because the state does not issue DBA certificates for most entity types. Banks want documentation of your right to use the name. Limited partnerships can produce their assumed name certificate. Sole proprietors and LLCs generally rely on a local business license showing the trade name, along with formation documents and a government-issued ID.
On taxes, 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 it.