How to Register a DBA in South Carolina (Step-by-Step Guide)

First, think of a name for your business. It is important to keep in mind some key rules as you come up with your business name:

1. No two DBAs in South Carolina can be the same or deceptively similar.
2. A DBA cannot have any business entity suffix like Corp or LLC unless that business has been incorporated as an LLC or corporation.
3. Certain financial terms related to the banking sector are prohibited from being used.

Filing for a DBA is completed either with your local county clerk or through the South Carolina Secretary of State.

The following businesses will file with the Secretary of State:

• Corporation (Foreign)
• Limited Liability Company (Foreign)
• Limited Partnership (Foreign)
• Nonprofit (Foreign)
• Limited Partnership (Domestic)

Foreign businesses

• Foreign businesses (businesses formed outside of South Carolina) file their fictitious names with the secretary of state. This would be applicable if a foreign business’s name is already being used in South Carolina and its legal name is unavailable.
  • The forms can be filed online, or they can be downloaded.
• The forms will ask for the following:
  • Applicants name
  • The legal name of the company
  • The date the fictitious name is adopted.
  • The fictitious name to be adopted

Limited Partnerships

• Limited partnerships are the only entity that registers its new name with the Secretary of State.
  • The forms can be filled in online, or they can be downloaded.
• The assumed name certificate form will ask for the following:
  • Name of limited partnership
  • Assumed name for transaction
  • Date filed
  • Date and state of organization
  • Address and name of registered agent

Domestic businesses (besides limited partnerships)

Domestic-based LLCs, Corporations, general partnerships, and sole proprietors will file with their local county clerk.

A full list of counties in South Carolina can be found in the South Carolina Association of Counties directory.

Each form is different based on the municipality and county. Some counties may leave a space where you can write your DBA name on local business license registrations; examples are from the City of Columbia Application for a New Business License and the Charleston County Business License Application.

The forms can be quite detailed and ask for the following information:

• The name of the DBA
• The registry number of the DBA (if applicable)
• The principal business address
• Names and contact information of individuals with an interest in the business
• Names and addresses of legal entities with interest in the business
• Counties in which business is conducted
• Contact information
• Signature
• Filing fee (which may vary by county)

It’s also important to note that the DBA form must be notarized before it can be submitted to the Clerk.

The DBA filing fees are dependent on the type of business you have.

• If you file with the secretary of state, the fees are:
  • Corporation (Foreign) – $10
  • Limited Liability Company (Foreign) – $2
  • Limited Partnership (Foreign) – $10
  • Nonprofit (Foreign) – $10
  • Limited Partnership (Domestic) – $10
• If you are filing on a local level, the cost varies by county but generally costs $10-$20.

• If you have filed with the secretary of state, your DBA is valid for five years.
  • It must be renewed before December 31 of your fifth year.
  • It can be renewed online.
  • The costs vary depending on your business entity.
  • To amend or withdraw your DBA, contact the South Carolina Business One Stop at 1-803-898-5690.
• If you have filed with your county, contact them to find out information about your DBA name’s renewal, amendment, or withdrawal.

• South Carolina business name search
• South Carolina trademark filings 
• United States Patent and Trademark Office
• South Carolina Association of Counties directory
• EIN application

There are many advantages to registering a DBA: 

• Enhanced flexibility: A DBA name can be altered or updated more quickly and efficiently than a legal business name, which allows business owners to adapt to shifts in their products, services, or market conditions with greater flexibility. Business owners can use various DBA names to cater to different markets or products, broadening their scope and client base.
• Segregation of personal assets and business finances: Registering for a DBA allows a business bank account to be opened, allowing for using the business name on financial transactions instead of the account holder’s name. This permits the receipt and issuance of checks using the new name.
• Increased branding opportunities: A well-crafted name can be more descriptive and memorable than a legal name. This alias can help increase brand recognition and improve marketing and advertising opportunities. Filing for a DBA protects brands by prohibiting others from using the same name in certain states and counties.
• Cost-effective solution: Compared to other business structures, such as Corporations or Limited Liability Companies (LLCs), registering for a DBA is generally less expensive and less complex, making it a cost-effective alternative for small businesses and startups. 

There are a few drawbacks to registering for a DBA, such as:

• Limited legal protection: Unlike other business structures, such as LLCs, DBAs do not offer personal liability protection. This can mean that the owner is personally responsible for all debts, obligations, and lawsuits related to the business.

• Sole proprietors: These individuals own businesses without creating a separate legal entity. A DBA can help them use a different name for marketing their products or services and provide them with more flexibility to adapt to market changes.
• Partnerships: Joint ventures between two or more individuals who want to operate under a different name than their names. Filing a DBA allows partners to enhance brand recognition.
• Corporations: Business entities that want to use a name different from their legal name or conduct business activities under multiple names. For instance, a corporation with a subsidiary that sells software named “Tech Solutions LLC” but wants to sell hardware can file a DBA for “Tech Hardware” to distinguish the two business activities.
• Limited Liability Companies (LLCs): These flexible business structures allow owners to limit personal liability and protect their assets. LLCs can also register a DBA to conduct business under a different name or brand.

You would need a DBA if:

• Operating under a different name: If you plan to use a name that differs from your legal or company name, then a DBA may be necessary.
• Multiple business names: Corporations, LLCs, sole proprietorships, and partnerships that operate under numerous business names may need a DBA to keep their branding and legal structures distinct.
• Test new products or markets: A DBA can be useful for testing new products or entering new markets without changing your legal name.

A DBA may not be necessary if:

• Operating under the legal or personal name: A DBA may not be necessary if you operate under your or your company’s legal name.