Registering a Limited Liability Company Name

Choosing a business name is one of the first steps in the process of forming your South Dakota Limited Liability Company. The name that you choose:

  • Must contain, as the last words of the name, limited liability company, or limited company, or the abbreviation, L.L.C., LLC, L.C., or LC. Limited may be abbreviated as Ltd. and company may be abbreviated as Co.
  • Must be distinguishable from (cannot be the same as or deceptively similar to)
    • The name of any corporation, limited partnership, or company incorporated, organized or authorized to transact business, in this state
    • A name reserved or registered
    • A fictitious name for a foreign company authorized to transact business in this state
  • A South Dakota Limited Liability Company may apply to the secretary of state for authorization to use a name that is not distinguishable if either:
    • The present user, registrant, or owner of a reserved name consents to the use in a record and submits an undertaking in form satisfactory to the secretary of state to change the name to a name that is distinguishable upon the records of the secretary of state from the name applied for
    • The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name applied for in this state
  • A South Dakota Limited Liability Company may use the name, including a fictitious name, of another domestic or foreign company which is used in this state if the other company is organized or authorized to transact business in this state and the company proposing to use the name has:
    • Merged with the other company
    • Been formed by reorganization with the other company
    • Acquired substantially all of the assets, including the name, of the other company

United Agent Services allows you to choose up to 3 names, in order of preference. We will conduct a name check before filing to see which names are available.

Reserving a Limited Liability Company Name

Once you have chosen an available name, United Agent Services can help you register your name with the state.