Jason M. Gant

Secretary of State

Fictitious Name Registration
Frequently Asked Questions
  1. What is a Fictitious Name?
2. Who has to Register Their Fictitious Named Business?
3. Where can I file?
4. When must I file?
5. Why do I have to file?
6. Do I have to Re-Register if changes are made to the Business?
7. How much does it cost to file?

What is a Fictitious Name? If a business is operating with a name that does not plainly show the true surname of each person interested in such business then that business is utilizing a Fictitious Business Name.

Who has to Register Their Fictitious Named Business? The owner or owners of a business with a name that does not contain the last name of each owner interested in the business.

Where can I file? You may file the registration either on-line directly through the Secretary of State's website or by delivering the required information and filing fee to the Register of Deed's Office.

When must I file? Fictitious names must be registered when the business is started and every five years thereafter.

Why do I have to file?  The purpose of the filing is to provide the public with ownership and contact information for businesses not containing the owner(s) name within the business. The filing is required by South Dakota law, specifically § 37-11-1 through § 37-11-5.

Do I have to Re-Register if changes are made to the Business? Yes. The Fictitious Name Registration process is intended to inform the public of the current ownership information. Upon any change of twenty-five percent or more of the ownership interest in the business an amendment must be filed.

How much does it cost to file? The fee for filing a fictitious business name is ten dollars ($10.00) per business. For example, if you are registering two businesses, the fee will be Twenty Dollars ($20.00). If you are registering a single business in the state, the fee will be Ten Dollars ($10.00). The fee is due whether you file it on-line or at the county register's office and is payable whether the registration is for a new business, a renewal, or a change to the business. The filing fee applies to all amendments as well as the original filing.