When you register your business, you’ll need to choose a business name and register it with the state. But the name you choose for registration may not be the one you want to operate under in South Carolina. If this is the case, you’re free to choose an assumed or fictitious name as long as it’s not currently used by another company. In other states, this is referred to as “doing business as” or a DBA.
What is a DBA?
A DBA is an assumed name that a business uses instead of its official legal name. For example, a business legally registered as “Smith Enterprises, LLC” might operate under the name “Smith Landscaping.” The DBA allows the business to market itself under a name that’s more descriptive, memorable, or customer-friendly.
South Carolina business owners often use DBAs when launching a new product line, opening a new location, or rebranding without forming a new legal entity. DBAs are also useful for sole proprietors and partnerships that want a professional business name that doesn’t include the owner’s personal name.
When a DBA is required in South Carolina
Unlike many states, South Carolina does not have a general statewide DBA filing requirement for sole proprietors, LLCs, or corporations operating under an assumed name. That means most businesses will be able to use their DBA without registering it with the state.
However, there are specific situations where registering a DBA is required. These situations typically involve certain entity types or out-of-state businesses.
You form a limited partnership
If you form a limited partnership (LP) in South Carolina and plan to operate under a trade name that is different from the name listed in your formation documents, you must register that assumed name with the South Carolina Secretary of State. This ensures the public can identify the legal entity behind the business name being used.
Limited partnerships are one of the few entity types in South Carolina that are explicitly required to register an assumed name when using a different operating name.
You’re based out of state, and your name is taken
Out-of-state (foreign) businesses registering to do business in South Carolina may need to register a DBA if their legal business name is already in use by another entity in the state. In this case, the business must adopt a distinguishable assumed name to operate legally in South Carolina.
This allows the foreign company to conduct business in the state without infringing on an existing business name, even though its legal name remains unchanged in its home state.
DBA vs. LLC vs. trademark in South Carolina
The following chart explains the main differences between DBAs, LLCs, and trademarks.
| DBA (assumed name) | LLC (legal entity) | Trademark | |
| Purpose | A "nickname" for your business | A formal legal structure | Legal ownership of a brand |
| Liability protection | None | Protects personal assets | None |
| Registration | Generally not registered with the state | Filed with the Secretary of State ($110+) | Filed with state ($15) or USPTO (Federal) |
| Name protection | None. Others can use the name. | Prevents others from forming an LLC with that name. | Provides the strongest legal right to the name. |
How to file a DBA in South Carolina
For businesses that are required to register an assumed name, the process typically involves filing the appropriate form with the South Carolina Secretary of State. This is most common for limited partnerships and foreign entities whose legal names are unavailable in the state.
The filing includes the business’s legal name, the assumed name being used, and basic identifying information. Once approved, the assumed name becomes part of the public record associated with that business.
How in-state businesses can register a DBA
Most in-state businesses, including sole proprietors, LLCs, and corporations, do not register DBAs at the state level in South Carolina. Instead, you’ll need to file your DBA name with the city or county when applying for business licenses. This will let you start using the assumed name for marketing and operational purposes, as long as it does not mislead the public or violate trademark laws.
In some cases, businesses choose to register a trademark at the state or federal level to gain name protection, even if a DBA filing is not required.
How a DBA works with the SC tax department
The South Carolina Department of Revenue (SCDOR) recognizes DBAs as assumed business names linked to an existing taxpayer account. If a business operates under a DBA, that name may appear on tax registration certificates and related correspondence.
Businesses typically add their DBA when registering for state taxes or by updating their account with SCDOR. This helps ensure that tax filings, licenses, and certificates correctly reflect the business’s operating name.
Let LegalZoom help you set up your South Carolina business
Though you’re not legally required to register a DBA with the state, you’ll still need to register your business with the South Carolina Secretary of State before you can open your doors. LegalZoom’s business registration service makes it easy. Whether you’re forming an LLC, corporation, nonprofit, or need to register a DBA in a different state, LegalZoom can help.
Registering a DBA in South Carolina FAQs
Are businesses required to register a DBA with the state?
Most South Carolina businesses are not required to register a DBA with the state. However, limited partnerships and certain foreign businesses may need to register an assumed name depending on how they operate. Requirements vary based on entity type and business circumstances.
Can I stop someone else from using my DBA in South Carolina?
No, a DBA by itself does not provide name protection. Other businesses may legally use the same assumed name unless you take additional steps, such as registering a trademark. DBAs are primarily for identification, not exclusivity.
Do I need to trademark my DBA?
You are not required to trademark your name, but doing so can provide stronger legal protection for your business name. A trademark helps prevent others from using a confusingly similar name in the same market. This is often recommended for businesses with valuable branding.
How much does it cost to use a DBA in South Carolina?
In many cases, using a DBA in South Carolina costs nothing because no state registration is required. When registration is necessary, such as for limited partnerships or foreign entities, fees vary depending on the filing type. Additional costs may apply if you choose to register a trademark.
Sam Eichner contributed to this article.
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