How to Register a Business Name in South Carolina
Read more
There are 2 primary ways you can register a business name in South Carolina: by starting your business as a South Carolina LLC or Corporation. If you operate as a sole proprietor or general partnership, you don’t need to register your business name because South Carolina doesn’t have a process for registration of a “doing business as” (DBA) names. However, if you want legal protection of your business name, you can file a federal trademark.
You’ll want to finalize and register your business name before completing other registrations required to legally start your business in South Carolina, such as:
- Complete the MyDORWAY Business Tax Application to register for a Retail License to collect Sales and Use Tax from your customers to remit to the SC Department of Revenue and register to collect SC Withholding Tax if you have employees
- Obtain required local business licenses from your town, city, or county clerk
- Get an EIN from the IRS
- Create a separate Business Bank Account
How much does it cost to Register a Business Name in South Carolina?
The cost to register a South Carolina business name varies depending on the type of registration:
- South Carolina LLC cost: $110
- South Carolina Corporation cost: $235
Steps to Registering a Business Name in South Carolina:
1. Check Business Name Availability
Once you’ve developed a good business name, you’ll need to verify that it’s available. You’ll want to ensure that there isn’t another business in South Carolina using that business name or has a similar name. There are three types of searches we recommended to verify that your desired name is available:
Get help from the pros at ZenBusiness
Start your South Carolina business name search with the help of professionals.
Trademark Search
The first type of search you’ll want to do is a federal trademark search. As a federal-level registration, a trademark is the ultimate form of business name protection. They supersede any local or state-level registration, so you want to verify that the name isn’t trademarked. While trademarks have limitations, if the name is the same or similar to an existing trademark, you’ll want to create a new name.
You can search the U.S. Patent and Trademark Office (USPTO) database by visiting the Trademark Electronic Search System (TESS) page. Be advised that the results provided by the TESS system can be challenging to read and interpret. Alternatively, you can use the Free Trademark Search from Trademark Engine, which provides a more accessible user interface.
South Carolina Business Name Search
Once you’ve verified that your business name isn’t trademarked, it’s time to verify it’s not registered in South Carolina. You can complete your search using the South Carolina Secretary of State – Business Entities Online Business Name Search.
Complete a few searches using wildcard characters or parts of your business name to find any close matches. This is important because if your business name matches another South Carolina business too closely, it can result in your business name filing being rejected.
Pro Tip: You might see that your name was registered in the past but is now available because the previous business closed or let their name lapse. Even if the name is available now, it’s highly recommended that you choose a new name if it was registered in the past.
This is because the IRS system that issues EINs often has problems with previously issued names that result in what’s known as “EIN Reference Number 101 error”. While you can still get an EIN after this error, it’s a cumbersome process requiring you to call the IRS and fax them paperwork to get your EIN issued. Unless using that name is absolutely necessary for you and you don’t mind the headache it could cause, we recommend generating a new business name.
Website Domain Search
After confirming there’s no trademark issues and you can register your business name in South Carolina, you should verify that your domain name is available. Even if you don’t have plans to build a website any time soon, you should register your domain name to block competitors from using it. At a minimum, having a domain name will make your business more credible by allowing you to use an email that has your business name.
Domain Name and Business Email
You can use Namecheap to verify if your domain name is available. They also offer a business email service that’s free to try for the first 60 days when you purchase a domain.
2. Choose a Business Structure
The next step in the South Carolina business name registration process is to choose the legal structure your business will use. The business structure will determine how your business name is registered. When choosing a business structure, you should consider the number of owners your business will have, what type of financing you’ll need, how much personal liability you’re comfortable with, and how your business will be taxed. You can use our guide on How to Choose a Business Structure for more detailed information on making the best choice for your business.
Recommended Business Structure:
We recommend starting as an LLC for most new businesses. LLCs are easy to maintain and have benefits that other structures don’t. They provide liability protection that a sole proprietorship and general partnership don’t and aren’t subject to double taxation like a corporation.
If you’re interested in starting an LLC, check out our list of the best LLC formation services to find the best service for your needs.
LLC
An LLC (Limited Liability Company) is a flexible business structure created under South Carolina law (S.C. Code § 33-44), that combines the limited liability protection of a corporation with the simplicity and tax benefits of a partnership or sole proprietorship.
Learn More: What is an LLC
LLC Pros
- Personal liability protection
- Legally separate entity
- Default pass-through taxation (business income taxed once)
- Unlimited number of owners (members)
- Flexible management – can be run by members or non-owner managers
- Option for S-Corp tax status
LLC Cons
- Upfront filing costs
- Ongoing cost and filings to stay compliant
- Unable to go public
Do you need to register to be an LLC in South Carolina?
Yes, if you want to have your business legally recognized as an LLC in South Carolina you need to register with the South Carolina Secretary of State.
Corporation
A corporation is a legally separate business from its owners under South Carolina law (S.C. Code § 33-2). Owners, called stockholders, enjoy limited liability. It’s great for raising funds from investors and offers protection.
Learn More: What is a Corporation
Corporation Pros
- Personal liability protection
- Legally separate entity
- Unlimited number of owners (shareholders)
- Easier to raise capital by selling stock
- Able to go public
- Option for S-Corp tax status
Corporation Cons
- Default double taxation
- Upfront filing costs
- Ongoing costs and filings to stay compliant
- Increased record keeping requirements
- Strict management structures set by law
Do you need to register to be a Corporation in South Carolina?
Yes, if you want to have your business legally recognized as a Corporation in South Carolina you need to register with the South Carolina Secretary of State.
Sole Proprietor
A sole proprietorship is a basic, single-owner business. It’s easy to start with minimal paperwork. The owner and business are legally the same, leading to unlimited personal liability.
Learn More: What is a Sole Proprietorship
Sole Proprietor Pros
- Easy and inexpensive to start
- Simple taxes (business income taxed once)
- Easy to maintain
- Complete control for owner
Sole Proprietor Cons
- Unlimited Liability Risk
- Hard to raise money and get loans
- Not separate from owner
- Difficult to sell business
- No other tax status options
Do you need to register your sole proprietor business name in South Carolina?
No, you are required to register a business name as a sole proprietor in South Carolina because there isn’t a formal process to register “doing business as” (DBA) names. You can record a DBA name you want to use when you file for a business license with your local city or county clerk’s office. If you want to protect your business name, you can register a trademark to have the name legally recognized and prevent others from using it.
Partnership
A partnership involves 2 or more owners who agree to share in all responsibilities including having unlimited liability. Profits or losses flow directly to owners’ personal taxes.
Learn More: What is a Partnership
Partnership Pros
- Easy and inexpensive to start
- Pass-through taxation (business income taxed once)
- Unlimited number of owners (partners)
- Shared business responsibilities
Partnership Cons
- Unlimited Liability Risk
- Responsible for partners’ actions
- Hard to raise outside capital
- Not separate from partners
- Difficult to sell business
- No other tax status options
Do you need to register your partnership business name in South Carolina?
You don’t need to register your South Carolina business name if you operate as a partnership because there isn’t a formal process for registering “doing business as” (DBA) names. You can record the DBA name you’ll use when you submit your business license application with your local city or county clerk’s office. If you want to protect your business name, you can register a trademark to have the name legally recognized and prevent others from using it.
3. File your South Carolina Business Name Registration
Now that you’ve verified your business name’s availability and chosen a business structure, it’s time to get down to business and complete the filing to officially register your South Carolina business name. Pick the process that corresponds to the business structure you have picked out in the previous step.
Register a South Carolina LLC Name
To register your South Carolina LLC you’ll need file Articles of Organization with the South Carolina Secretary of State, which has a filing fee of $110. In your Articles of Organization filing, you’ll need to provide information about your business, including:
- LLC Name
- Information about the LLC members (owners) and managers (if applicable)
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
South Carolina LLC Name Requirements
South Carolina LLCs must use a name that follows the naming rules outlined in South Carolina law (S.C. Code § 33-44-1205):
- Must be distinguishable (unique) from all others businesses registered with the South Carolina Secretary of State
- Must clearly denote the business is legally structured as an LLC by including the words “limited liability company” or an abbreviation such as “LLC”
- Cannot use words or designators associated with Corporations such as “Corporation” “Incorporated” “Corp” or “Inc”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Bank
For more in-depth information check out our How to Start an LLC in South Carolina guide, where we cover all the steps needed to form an LLC in full detail.
Want Help Starting a South Carolina LLC?
Use a professional filing service like Northwest Registered Agent ($39 +state fees), which can save you $210 vs LegalZoom when forming a South Carolina LLC.
Register a South Carolina Corporation Name
To register your South Carolina Corporation you’ll need file Articles of Incorporation with the South Carolina Secretary of State, which costs $235. In your Articles of Incorporation filing you’ll need to provide information about your business, including:
- Corporation Name
- Names and addresses of the board of the directors
- Number and type of authorized shares
- Business Address (Must be a physical address – PO Boxes not allowed)
- Name and Address of your Registered Agent
South Carolina Corporation Name Requirements
Corporations in South Carolina are required to use a name that follows the rules detailed under South Carolina law (S.C. Code § 33-4-101):
- Must be distinguishable (unique) from all others businesses registered with the South Carolina Secretary of State
- Clearly indicate the business is legally structured as a corporation by including the words “Corporation” or “Incorporated” or use an abbreviation such as “Corp” or “Inc”
- Cannot use words or designators associated with LLCs such as “limited liability company” or “LLC”
- Cannot contain words that imply association with a government entity
- Cannot contain words that are prohibited or require prior approval such as Bank
Want to Incorporate in South Carolina?
If you’re interested in incorporating, you can learn more with the ZenBusiness guide on How to Start a Corporation in South Carolina, which covers each step you’ll need to complete to start a South Carolina corporation.
4. File a Trademark (Optional)
Consider filing a trademark to own and control your business name. Trademarking your business name is a great way to protect your brand. A trademark is a federal registration, providing nationwide protection beyond just registering in South Carolina.
You can apply for a trademark online, but the trademark registration process can be complicated and lengthy. On average, it takes around 7-9 months before a USPTO examining attorney initially reviews an application. As a result, it’s crucial for your initial application to be prepared correctly.
Consider getting assistance from a qualified attorney or a trademark filing service to ensure your application is prepared correctly. This can save you time and the headache of dealing with the filing and response process required to register a trademark.
Trademark Filing Assistance
Ensure your trademark is filed properly with the help of the experts at Trademark Engine, who’ve helped file over 120,000 trademarks since 2016. Packages start at $99 (+USPTO fees).
Additional Business Resources in South Carolina
For more help, check out our How to Start a Business in South Carolina guide, or use these resources:
- South Carolina Secretary of State – The official government agency responsible for business registrations, providing information and forms for registering a business name and other legal requirements.
- South Carolina Department of Revenue – This department handles state taxes, including sales tax and income tax. They offer guidance on tax registration and filing requirements for businesses.
- South Carolina Chamber of Commerce – A business advocacy organization that offers resources, networking opportunities, and information on economic development in the state.
- South Carolina SBDC – The Small Business Development Center offers free consulting and resources to help entrepreneurs start, grow, and manage their businesses effectively.
- SCORE South Carolina – A nonprofit organization that provides free mentoring, workshops, and resources from experienced business professionals to help startups and small businesses succeed.
- South Carolina Community Loan Fund – A nonprofit organization that provides financing, technical assistance, and advocacy to support community development, small businesses, and affordable housing in South Carolina.