Changing Your Business Name in South Dakota | A Step-by-Step Guide

by
Change South Dakota Business Name

In South Dakota, change is inevitable in today’s dynamic business environment. One such change that a business may undergo is a change in its name. A business owner might change their name for numerous reasons, even when starting an LLC in South Dakota. Whatever the reason, changing a business name in South Dakota can be a complicated process. Still, it’s essential to do it right to avoid potential legal issues and ensure a smooth transition. This comprehensive guide will walk you through the steps to successfully Change a Business Name in South Dakota.

Webinarcare Editorial Team will help you change your business name when necessary. You must be guided by all the factors gathered in this article.

How to Change a Business Name in South Dakota

Before Changing Your Business Name in South Dakota

Before you embark on the process of changing your business name, there are several considerations to keep in mind:

  • Research: Ensure that your new business name in South Dakota is unique and not already in use by another company in South Dakota. To avoid potential trademark infringement, you can conduct a preliminary search using the United States Patent and Trademark Office (USPTO) database.
  • Notify Stakeholders: Inform your employees, customers, suppliers, and other stakeholders about the upcoming name change to avoid confusion and ensure a smooth transition.
  • Update Marketing Materials: Revise your marketing materials, such as your website, business cards, signage, and social media profiles, to reflect the new South Dakota business name.
  • Consider the Impact on Existing Contracts and Agreements: Review your existing contracts and agreements to determine if they will be affected by the name change. You may need to renegotiate these contracts or obtain new ones under the new South Dakota business name.

You should also amend the South Dakota Articles of Organization and the operating agreement once you have changed your business name. The information should be up to date so your South Dakota business won’t have any legal problems in the future. Check out the Best Trademark Services in South Dakota to know whether your desired business name is available.

LLC Service

Rating & Price

Top Features

Learn More

#1 Recommendation

$599 + Federal Fee

  • Trademark Search

  • Trademark Registration

  • Trademark monitoring

Learn More

$239.99/year

  • Single Subscription

  • Trademark Registration

  • Attorney service for Trademark

Learn More

How to Change a Business Name in South Dakota

Depending on the kind of business entity you have, several processes may be involved in changing your business name in the South Dakota. Here is a detailed explanation of each business structure:

Changing your company name in South Dakota is relatively easy. Before we go into the steps, you should know that some rules must be followed when naming a business in South Dakota. The name conventions may change depending on the type of corporate structure. The business must adhere to the following rules while changing the company name:

  • It should be possible to utilize the name.
  • Any other businesses do not use the name.
  • If the new entity is a limited liability company, the name must include “LLC.“
  • The name should be distinct from any governmental agency or institution, including banks and treasuries.

If you decide to start an LLC, read about the South Dakota Business Name Search to check if your desired business name is available. Let’s now examine the procedures for changing the company name:

It is suggested that you speak with a legal professional before you begin changing your business name. They’ll understand what’s best for you and your company. To have an easy process for naming your LLC, you can alwasy hire the Best LLC Services for your business.

– WEBINARCARE EDITORIAL TEAM

Step 1: Choose a New Name For Your Business

You must decide on a new name before officially changing your business name in South Dakota. Conduct thorough research to ensure the new name is unique, memorable, and represents your company’s values and services. You should also ensure that another business in South Dakota does not already use the new name to avoid legal issues and customer confusion.

Some tips for choosing a new business name include:

  • Brainstorm a list of potential names and ask for feedback from friends, family, employees, and customers.
  • Consider the potential impact of the new name on your existing customers, partners, and vendors.
  • Research the availability of relevant domain names and social media handles to ensure a consistent online presence.

Before proceeding with the name change process, ensuring your chosen name is available in South Dakota is essential. You must conduct a name search through the South Carolina Secretary of State Business Filings Search to do this.

If your desired name is already in use or too similar to an existing business name in South Dakota, you must choose another name and repeat the search process. However, you can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for a DBA (doing business as) in South Dakota. In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person.

However, before filing a DBA, you should know that you need to renew your DBA for up to five years, which costs $10.

In South Dakota, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application with the South Dakota Secretary of State to keep the name. 

Recommended: Embark on your entrepreneurial journey confidently and affordably with LegalZoom’s DBA service, the beacon that guides businesses to credible branding and comprehensive compliance. Discover how effortless success can truly be!

– LegalZoom – ($99 + Filling Fees)

Step 2: Prepare Documents to File the Amended Articles of Organization

After choosing a new business name in South Dakota, you must begin putting together the Amended Articles of Organization as soon as you are prepared with the new South Dakota business name. You must send the following information with the name change form: 

  • Current company name
  • New company name
  • Members’ (LLC) or Shareholders’ signatures (Corporation)
  • South Dakota filing fee for amendments
  • The business’s entity number, as provided by the state of South Dakota
  • Board of Directors expression of approval (for corporations)
  • Details about shares (if applicable)

When registering a new business name with the South Dakota Secretary of State, you must provide the list of information indicated above. Ensure the information you offer for the Amendment corresponds to the initial filing materials. Please do so to avoid the registration being canceled.

Step 3: File the Amended Articles of Organization

Once you’ve confirmed that your new business name is available, you must file the necessary paperwork with the South Dakota Secretary of State’s office to change your business name officially. This process typically involves filing an amendment to your company’s Articles of Incorporation for a corporation or Articles of Organization for an LLC, depending on your business structure.

To file the amendment, you’ll need to:

  1. Obtain the appropriate amendment form from the South Dakota Secretary of State.
  2. Fill out the form with the required information, including your current business name, new business name, and any other required details.
  3. Pay the filing fee, which may vary depending on your business structure and South Dakota regulations. In South Dakota, amendment cost is $60.
  4. Submit the completed form and payment to the South Dakota Secretary of State’s office, either by mail or online, depending on your South Dakota’s filing options.

Once your amendment has been processed and approved, your business name will officially be changed in South Dakota.

Things to do After Filing the Amended Articles of Organization

Additional considerations in filing the Amended Articles of Organization in South Dakota.

After changing your business name, there are a few additional steps you may need to take:

  • Update your EIN: If your business has an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), you may need to notify the IRS of the name change. You can do this by writing a letter to the IRS or completing and submitting Form 8822-B.
  • Update your Business License: If your business operates with a business license, you must update the license with the new business name. You can do this by filing South Dakota business license and paying an application fee ranging from $50 – $300.
  • Notify the South Dakota Department of Labor and Workforce Development: If your business has employees, you will need to notify the South Dakota Department of Labor and Workforce Development of the name change.
  • Update your Local Tax and Business Registrations: Depending on your local jurisdiction, you may need to update your local tax and business registrations with the new business name.

Why Change Your Business Name?

There are various reasons why a  business owner might want to change their business name. These can include:

  • Rebranding: If your current South Dakota business name no longer reflects your products or services, rebranding can help revitalize your company’s image and attract new customers.
  • Expanding or Refocusing: Your business may have evolved over time, and the original name may no longer accurately represent the scope of your operations.
  • Merger or Acquisition: If your business merges with another company or is acquired, a name change might be necessary to reflect the new owner or combined services.
  • Legal Issues: If your business name infringes on a trademark or is too similar to another company’s name, you may need to change it to avoid legal disputes.
  • Improved Marketability: A new business name in South Dakota can be more memorable, easier to pronounce, or better suited to your target audience.

How Long Does Changing The Business Name Take?

The time it takes to change a business name can vary depending on factors such as the South Dakota’s processing times, the method of submission (online or by mail), and whether all necessary information and fees have been submitted correctly. Generally, once you have submitted the required paperwork and fees to the South Dakota Secretary of State, it can take a few days to several weeks for the name change to be processed and approved.

What Happens If I Don’t Update the Website or Stationery?

If you change your business name in South Dakota but do not update your website, stationery, or other marketing materials, you may face several potential issues:

  • Customer Confusion: Your customers may need clarification about the change in the business name and may not recognize that your company is the same one they have previously done business with. This confusion could lead to a loss of trust and potentially a loss of customers.
  • Inconsistency in Branding: When your business name is inconsistent across all platforms, including your website and stationery, it can negatively impact your brand image. Not updating your marketing materials may make your company appear unprofessional or disorganized, which could harm your reputation.
  • Legal Issues: Depending on South Dakota regulations, you may be legally required to update your marketing materials with your new business name. Failure to do so could result in penalties or fines. Additionally, if you use a trading name or DBA (Doing Business As) name, you may need to register that name separately with the appropriate government authority to avoid legal issues.
  • Communication Problems: Please update your website and stationery with your new South Dakota business name to avoid issues. Clients, vendors, and other partners may not recognize the new name and may not associate it with your company, leading to missed opportunities and potential misunderstandings.

To avoid these potential issues, updating your website, stationery, and all other marketing materials as soon as possible after changing your South Dakota business name is essential. This ensures that your customers know the change, maintains consistency in your branding, and helps prevent legal or communication.

If I Have a Foreign LLC, Can I Change the Name Aside from the Original Name?

Yes, if you have a foreign LLC in South Dakota (a limited liability company formed in one state but doing business in another state), you can change the name of the foreign LLC. 

FAQs

How do I change my business name in South Dakota?
In South Dakota, you can change your business name by filing a Business Name Amendment with the Secretary of State.
How much will it cost to change my business name in South Dakota?
The fee for filing a Business Name Amendment in South Dakota is $10.
Can I change the structure of my business at the same time I change the name in South Dakota?
Yes, you can change the structure of your business when changing the name by filing appropriate amendments.
Are there any restrictions on changing my business name in South Dakota?
Yes, the new name must meet South Dakota’s naming requirements and must not conflict with or confuse the public about existing business names.
How long does it take to change a business name in South Dakota?
It typically takes 1-2 business days for the state to process your Business Name Amendment and update your registration.
Do I need to update my business name with the IRS if I change it in South Dakota?
Yes, you will need to notify the IRS and update any necessary tax forms once your South Dakota Business Name Amendment is approved.
Do I need to submit a new business license application if I change my business name in South Dakota?
Yes, you will likely need to update your local business licenses and permits after changing your business name in South Dakota.
Do I need to update my existing contracts if I change my business name in South Dakota?
Yes, you will need to update any contracts or legal documents where your old business name was used to reflect the new one.
Will changing my business name affect my business credit score in South Dakota?
Not necessarily, but creditors and lenders will need to be notified of the name change to properly report.
Can I reserve a new business name before I formally change my name in South Dakota?
Yes, you can reserve a new business name before actually changing your name in South Dakota.
Is a DBA required to change my business name in South Dakota?
No, a DBA is not required to change your business name in South Dakota; rather, a Business Name Amendment must be filed with the Secretary of State.
Can I change my business name online in South Dakota?
Yes, you can file a Business Name Amendment online through the South Dakota Secretary of State’s website.
Can I change my business name if it’s been suspended or involuntarily dissolved in South Dakota?
Typically, you cannot change your business name in South Dakota if it is suspended or involuntarily dissolved; you must first restore your entity.
Can I change my business name to the same name as another business in South Dakota?
No, your new business name cannot be the same as another business in South Dakota.
What documents will I need to change my business name in South Dakota?
You will need to file a Business Name Amendment along with any required documentation from your business structure.
How will I know if my business name change has been approved in South Dakota?
You will receive an approval notice in the mail from the South Dakota Secretary of State’s office.
Do I need to get a new EIN if I change my business name in South Dakota?
No, you can keep your existing EIN; however, you will need to notify the IRS of your name change.
Can I change my business name if I have pending legal actions or judgments in South Dakota?
Typically, you cannot change your business name if you have pending legal actions or judgments; these must be resolved first.
How long does it take for my business name change to be effective in South Dakota?
Your business name change is effective once it is approved by the South Dakota Secretary of State.
Is changing my business name different for a sole proprietorship in South Dakota?
No, changing a business name for a sole proprietorship in South Dakota is the same as any other business entity –- by filing a Business Name Amendment with the Secretary of State.
Do I need to file a state tax form if I change my business name in South Dakota?
It is not required to file a state tax form when you change your business name in South Dakota, but it may be necessary to update some tax forms.
Should I notify my customers when I change my business name in South Dakota?
Yes, it would be best to notify your customers of the name change to avoid confusion and any misunderstandings about your business.
Can I change my business name if I am a foreign entity doing business in South Dakota?
Yes, you can change your business name as long as you continue to meet the qualifications necessary to operate in South Dakota.
How often can I change my business name in South Dakota?
You can change your business name in South Dakota as often as necessary to meet your business goals or requirements.
How can I avoid repaying filing fees if my Business Name Amendment is rejected in South Dakota?
To avoid repaying filing fees, be sure to thoroughly review South Dakota’s business naming guidelines and ensure that you meet all requirements before filing.
Can I change my business name if I have not filed my annual report in South Dakota?
You must have an active and current business registration in good standing before you can change your name in South Dakota.
Can I change my business name if I haven’t yet launched my business in South Dakota?
Yes, you can change your business name as long as you have not yet conducted any business in South Dakota.
What happens to my previous business name when I change it in South Dakota?
When you change your business name in South Dakota, your previous business name will be released and can be used by another entity.
What is the process for changing a business name in South Dakota?
The process for changing a business name in South Dakota involves filing certain paperwork with the Secretary of State’s Office.
Do I need a new business license if I change my business name in South Dakota?
As long as you are not making any other major changes, you do not need a new business license if you change your business name in South Dakota.
What forms do I need to file to change my business name in South Dakota?
You will need to file a Form LLC-10, Form LP-3, or Form COR-7 with the Secretary of State’s Office in South Dakota to change your business name.
How much does it cost to change a business name in South Dakota?
The cost to change a business name in South Dakota is typically $10-$25, depending on the type of business.
Can I change the name of my South Dakota nonprofit organization?
Yes, you can change the name of your South Dakota nonprofit organization by filing the appropriate paperwork with the Secretary of State’s Office.
Do I need to notify my customers if I change my business name in South Dakota?
Although not required by law, it is a good idea to inform your customers if you change your business name in South Dakota.
Will changing my business name affect my tax filings in South Dakota?
Changing your business name may require you to update your tax filings with the state of South Dakota.
Can I change my South Dakota corporation’s name online?
Yes, you can change your South Dakota corporation’s name online by using the Secretary of State’s web portal.
How long does it take for a name change certificate to be processed in South Dakota?
The processing time for a name change certificate in South Dakota can vary, but it typically takes several weeks.
What types of businesses can change their name in South Dakota?
All types of businesses, including corporations, LLCs, and partnerships, can change their name in South Dakota.
What if my proposed business name is already in use in South Dakota?
If your proposed business name is already in use in South Dakota, you will need to select a different name.
Can I change my business name to anything I want in South Dakota?
As long as the name you choose is not already in use and meets other requirements, you can change your business name to anything you want in South Dakota.
Can I change my business name as part of a merger in South Dakota?
Yes, you can change your business name as part of a merger in South Dakota.
Do I need to get shareholder approval to change my South Dakota corporation’s name?
Yes, you will generally need shareholder approval to change your South Dakota corporation’s name.
Can I change my business name through my registered agent in South Dakota?
You may be able to change your business name through your registered agent in South Dakota, depending on the circumstances.
Can I change my business name and my business structure at the same time in South Dakota?
While it is possible to change your business name and your business structure at the same time in South Dakota, it can be a more complex process.
Can I change my South Dakota DBA name without filing paperwork?
No, you will need to file certain paperwork with the county where your business is located to change your South Dakota DBA name.
Can I change my business name if I am in the process of filing for bankruptcy in South Dakota?
The ability to change your business name while in the process of filing for bankruptcy in South Dakota will depend on the specifics of your case.
Can I use a name that seems to be trademarked in South Dakota?
You should consult a trademark attorney to determine whether it is legal to use a certain name in South Dakota.
Can I change my South Dakota LLC’s name on the state’s database if my Articles of Organization already list a different name?
To change your South Dakota LLC’s name on the state’s database, you will need to file the relevant paperwork to update your Articles of Organization.
What happens to my South Dakota trade name if I change my business name?
Your South Dakota trade name will need to be updated if you change your business name.
Do I need to have a reason to change my business name in South Dakota?
As long as you are not attempting to commit fraud or other illegal activity, you can generally change your business name for any reason in South Dakota.
How can I make sure my chosen business name is available in South Dakota?
You can search the South Dakota Secretary of State’s records to see whether your chosen business name is available before submitting paperwork.
Does my business name need to be unique in South Dakota?
While uniqueness is not required, it is generally a good idea to choose a business name that is not already in use in South Dakota.
Can I use an alternate name for my South Dakota corporation in addition to the legal name?
Yes, you may be able to use an alternate or assumed name for your South Dakota corporation in addition to the legal name.
Will I need to update my business registration paperwork after I change my business name in South Dakota?
Yes, you will generally need to update your business registration paperwork after changing your business name in South Dakota.
Can I change my business name more than once in South Dakota?
Generally, you can change your business name as often as you wish in South Dakota, although doing so frequently may cause confusion for customers.

Also Read

Conclusion

Changing your business name in South Dakota can be a strategic decision that helps your company evolve and remain competitive. By following the steps outlined in this guide and conducting thorough research, you can ensure that your business name change is completed legally and efficiently. Remember to notify all relevant stakeholders, update your marketing materials, and revise any contracts or agreements to reflect the new business name.

Leave a Comment