South Carolina assumed name filing guide

South Carolina is one of the states with no general DBA registration.

The state's own business portal, SC Business One Stop, says plainly that the state of South Carolina does not register DBAs, and the Secretary of State's FAQ confirms that the office does not register DBA or trade names.

A person or company doing business under a name different from its legal name instead documents that name locally: the state portal directs businesses to the municipality or county where the business operates, notes that a DBA can typically be recorded on a local business license, and suggests checking with the county clerk's office for any other registration requirements.

There are two narrow exceptions handled at the state level.

First, a domestic or foreign limited partnership that conducts or intends to conduct business under a name other than the name on its certificate must file an assumed name certificate with the Secretary of State under S.C.

Code § 33-42-45 — the Secretary of State's forms listing says this is the only entity for which the office registers assumed names.

Second, foreign corporations and foreign LLCs whose legal names are unavailable in South Carolina adopt a fictitious name as part of qualifying to transact business, under § 33-15-106 and § 33-44-1005; the Secretary of State stresses that those forms are not the registration of a DBA or trade name.

Because South Carolina has no statewide DBA filing, the practical path depends on the business.

A sole proprietor or general partnership files nothing with the Secretary of State — the office states that sole proprietorships and general partnerships do not file there.

Instead, SC Business One Stop recommends checking the Secretary of State's Business Name Search to make sure the name is not already in use, then recording the DBA on the local business license from the municipality or county, asking the county clerk's office about any other DBA registration requirements, listing the DBA on the SC Department of Revenue Business Tax Application so the retail license shows both names, and listing the DBA as the trade name on the IRS employer identification number application.

A limited partnership using an assumed name files the Secretary of State's Assumed Name Certificate of Limited Partnership form under § 33-42-45, signed by a general partner, with a $10.00 filing fee payable to the Secretary of State, returned to Corporate Filings at 1205 Pendleton Street, Suite 525, Columbia, SC 29201.

A foreign corporation whose real name is unavailable files Form F0020 ($10.00) and a foreign LLC files Form F0022 ($2.00), both adoption-of-fictitious-name forms available as downloadable paper forms in the Secretary of State's Business Entities Online system, which also accepts online filings.

Because South Carolina does not register DBAs generally, there is no statewide DBA renewal, amendment, or cancellation process for sole proprietorships, general partnerships, LLCs, or corporations; keeping a locally documented name current is a matter for the municipality or county that recorded it.

The one filing with a built-in term is the limited partnership assumed name certificate. Under S.C.

Code § 33-42-45, the filing is effective, unless sooner terminated by the filing of a certificate of termination or by cancellation of the certificate of limited partnership or registration, for a period expiring on December thirty-first of the fifth full calendar year following the year in which it is filed.

It may be extended for additional consecutive periods of five full calendar years each by filing a new assumed name certificate not earlier than ninety days preceding the expiration of any period, and the Secretary of State must mail notice of the impending expiration to the partnership's registered office no later than three calendar months before the five-year period expires.

The same statute provides that failing to file the assumed name certificate does not impair the validity of the partnership's contracts or acts, does not prevent it from maintaining or defending court actions, and does not make a limited partner liable as a general partner.

The fictitious name forms for foreign corporations and foreign LLCs state no separate duration; the consulted statutes and forms do not describe an amendment procedure for these name filings.

Start with the free official source.

If you run a sole proprietorship or general partnership, you do not file anything with the Secretary of State — contact your municipality or county about recording the name on your local business license, check the county clerk's office for other requirements, and use the Secretary of State's free Business Name Search to see whether the name is already in use.

You can also list the DBA on the free SC Department of Revenue Business Tax Application and as the trade name on the IRS EIN application.

If you operate a limited partnership under an assumed name, download the Assumed Name Certificate form from the Secretary of State's Business Entities Online system and file it with the stated $10.00 fee; foreign corporations and foreign LLCs with unavailable names use the fictitious name forms ($10.00 and $2.00 respectively).

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