Fictitious or Business Name Filing

Forms to Download

• BUSINESS-NAME-FORM-AMENDMENT
• BUSINESS-NAME-FORM-RENEWAL
• BUSINESS-NAME-FORM-TERMINATION
• BUSINESS-NAME-FORM

These forms may be used but is not required, however, all information required to effectuate notice of this business is required in writing duly verified and notarized.   

Pursuant to SDCL 37-11 

“Any person regularly engaging in or conducting a business in this state shall file a fictitious name statement unless one of the following apply:

1. The name of the business plainly shows the true surname of each person interested in the business; or
2. The name of the business is on file with the secretary of state in a required business filing.”
   ——————————————————————————————————————–(Corporations, partnerships, associations, cooperatives, and limited liability companies that are conducting business in South Dakota under any name other than their presently filed corporate name are also required to file a DBA – Business Name.  For example, if your  partnership name is INDEPENDENT PAPER COMPANY PARTNERSHIP but your place of business is known as “THE SCRAP BOOK CLUB”, you need to file a DBA – Business Name or if your corporate name is INDEPENDENT PAPER COMPANY INC., but your place of business is known as “THE SCRAP BOOK CLUB, you need to file a DBA- Business name …. etc.)

(See  SDCL 37-11 and 2-14-2)

To file a DBA – Business name with the Register of Deeds,

you can either obtain a form from the Register of Deeds’  office or download the form from this website.   All parties that own the business will need to sign the form in front of A NOTARY PUBLIC. THIS IS A VERIFIED STATEMENT AND, THEREFORE, IT REQUIRES EACH OWNER TO SIGN THE DOCUMENT TWICE.

As long as you are doing business in the State of South Dakota, the information may be filed in paper-form at this office.  The data will be entered electronically by the Register of Deeds within seven days on the electronic filing system maintained by the Secretary of State’s Office.

The fee for filing a Business Name is $10.00.   The Business name expires in 5 years.  If you provide us with an email address, you will receive notification of the expiring DBA-Business Name.   Filing of a Business Name is required by law, however, it is NOT A TRADENAME.

A Business Name may be filed directly with the Secretary of State. 

Contact Us

Davison County, Register of Deeds
Danna Kolbeck
200 East 4th Ave.
Mitchell, SD 57301

Phone: 605-995-8616
Fax: 605-995-8648
Email: [email protected]