DBA · South Dakota

How to File a Fictitious Name for an LLC in South Dakota

By Edmond Hui · Last updated October 6, 2026

Short answer

South Dakota requires an LLC that does business under a name other than its own to register a fictitious name. An LLC or corporation must file for each name it trades under other than the name on file with the Secretary of State. A name that is already on file in the entity's own required filing needs no statement.

South Dakota Fictitious Name at a Glance

Requirement: Required
Where to file: Secretary of State
Fee: $10.00
How long it lasts: 5 years
Newspaper notice: None found
File online: Yes

How an LLC Files

An LLC files the Fictitious Name Statement with the Secretary of State.

You can file online.

South Dakota lets you file online with the Secretary of State or on paper at any county register of deeds, and either way the name lands in the same statewide database. A renewal can be filed only within 90 days before the expiration date, and an expired name must be filed again as a new registration.

Open the filing office's site · Open the filing page

Cost and Renewal

The filing fee is $10.00.

The registration has a 5-year term.

Renewal costs $10.00.

Publication

We found no publication step for an LLC's fictitious name filing in South Dakota.

If you skip it

A business that has not filed its fictitious name statement cannot bring a lawsuit in the business name, or recover anything arising out of the business, until the statement is filed.

Sole proprietors

South Dakota requires a sole proprietor whose business name leaves out their surname to register a fictitious name. A sole proprietor or partnership must file unless the business name plainly shows the true surname of each owner.

A sole proprietor files the Fictitious Name Statement with the Secretary of State.

The filing fee is $10.00.

The registration has a 5-year term.

Renewal costs $10.00.

We found no publication step for a sole proprietor's fictitious name filing in South Dakota.

A business that has not filed its fictitious name statement cannot bring a lawsuit in the business name, or recover anything arising out of the business, until the statement is filed.

Requirement	Required
Where to file	Secretary of State
Fee	$10.00
How long it lasts	5 years
Newspaper notice	None found
File online	Yes

Next steps

Frequently Asked Questions

: South Dakota requires an LLC that does business under a name other than its own to register a fictitious name. An LLC or corporation must file for each name it trades under other than the name on file with the Secretary of State. A name that is already on file in the entity's own required filing needs no statement.
: An LLC files the Fictitious Name Statement with the Secretary of State.
: The filing fee is $10.00.
: The registration has a 5-year term. Renewal costs $10.00.
: We found no publication step for an LLC's fictitious name filing in South Dakota.
: A business that has not filed its fictitious name statement cannot bring a lawsuit in the business name, or recover anything arising out of the business, until the statement is filed.
: South Dakota requires a sole proprietor whose business name leaves out their surname to register a fictitious name. A sole proprietor or partnership must file unless the business name plainly shows the true surname of each owner. A sole proprietor files the Fictitious Name Statement with the Secretary of State.

This guide is general information, not legal or tax advice, and reading it does not create an attorney-client relationship. It reports what each state's filing office publishes about registering a business name, with the sources this page cites. A filing here does not register a federal trademark, and fees and forms change between our reviews. Confirm with the office named on this page before you file.

Sources

Each entry below is a document recorded in our verified South Dakota sources, and each entry says what the document is. Some statutory text is read from an accurate mirror rather than from the state's own host, and those say so.

sdlegislature.gov/api/Statutes/37-11-1.htmlSouth Dakota Codified Laws 37-11-1, Filing of fictitious name statement required
sdlegislature.gov/api/Statutes/37-11-3.htmlSouth Dakota Codified Laws 37-11-3, Information recorded by secretary of state and register of deeds
sdlegislature.gov/api/Statutes/2-14-2.htmlSouth Dakota Codified Laws 2-14-2, Definitions
sdlegislature.gov/api/Statutes/37-11-5.htmlSouth Dakota Codified Laws 37-11-5, Filing of statements prerequisite to bringing legal action
sdsos.gov/general-information/filing-fees.aspxSouth Dakota Secretary of State, Fee Schedule
sosenterprise.sd.gov/BusinessServices/Business/UnregisteredOwnersInstr.aspxSouth Dakota Secretary of State, Register a DBA - Business Name Instructions
sosenterprise.sd.gov/BusinessServices/Business/FBNRenewalInstr.aspxSouth Dakota Secretary of State, DBA - Business Name Renewal Instructions
sosenterprise.sd.gov/BusinessServices/Fictitious/FictitiousHome.aspxSouth Dakota Secretary of State, Doing Business As (DBA) - Business Name Services
sosenterprise.sd.gov/BusinessServices/Business/FictitiousSearch.aspxSouth Dakota Secretary of State, Search For A DBA - Business Name
sdsos.gov/business-services/fictitious-business-name-registration.aspxSouth Dakota Secretary of State, Fictitious Business Name (DBA) Registration (former page) (archived page the state has since removed)

Edmond Hui · Founder, MyStateLLC

Edmond Hui is a software engineer and serial entrepreneur based in New York who has founded multiple online businesses across e-commerce, media, and information publishing. Before transitioning into tech, he spent years as a commercial real estate professional closing deals totaling over 100,000 square feet, giving him firsthand experience with business formation and entity structuring. He built MyStateLLC to provide the free, state-specific LLC guidance he wished existed when forming his own companies.