FICTITIOUS BUSINESS NAME (D/B/A)
REGISTRATION & PUBLICATION NOTICE
(State of South Carolina)
[// GUIDANCE: This template is intended for county-level fictitious/assumed business-name (“DBA”) filings in South Carolina. South Carolina has no uniform, statewide DBA statute. Instead, several counties (e.g., Charleston, Greenville, Horry, Lexington, Richland, Spartanburg) impose local registration and/or publication requirements by ordinance or clerk policy. ALWAYS confirm the current rules, fees, and form numbers with the specific county Register of Deeds/Clerk of Court before finalizing or filing this Notice.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Continuing Obligations
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
- Form of Newspaper Publication Notice (Exhibit A)
1. DOCUMENT HEADER
1.1 Title. FICTITIOUS BUSINESS NAME (D/B/A) REGISTRATION AND PUBLICATION NOTICE (this “Notice”).
1.2 Applicant(s). [LEGAL NAME OF INDIVIDUAL OR ENTITY] (the “Applicant”).
a. Entity Type: [SOLE PROPRIETORSHIP / LLC / CORPORATION / PARTNERSHIP]
b. State/Country of Formation (if entity): [__]
c. Principal Business Address: [STREET, CITY, STATE, ZIP]
1.3 Fictitious Business Name. [EXACT NAME TO BE USED IN COMMERCE] (the “Fictitious Business Name”).
1.4 Filing Authority. [Register of Deeds / Clerk of Court] for [__] County, South Carolina (the “Clerk”).
1.5 Effective Date. The later of (i) the date accepted and file-stamped by the Clerk or (ii) [DATE] (“Effective Date”).
1.6 Governing Law. This Notice is governed by the laws of the State of South Carolina and applicable county ordinances (collectively, “State Business Law”).
2. DEFINITIONS
Unless the context otherwise requires, capitalized terms have the meanings set forth below. Alphabetical listing provided for ease of reference.
“Applicant” – Each person or entity executing this Notice and claiming use of the Fictitious Business Name.
“Clerk” – The county official designated to receive fictitious-name filings (Register of Deeds, Clerk of Court, or functional equivalent).
“County Ordinance” – Any local rule, regulation, or ordinance requiring registration, publication, or renewal of fictitious business names within the relevant county.
“Fictitious Business Name” – The trade, assumed, or “doing business as” name identified in Section 1.3.
“Notice” – This Fictitious Business Name Registration & Publication Notice, together with all exhibits and schedules.
“Publication Requirement” – The obligation, if any, to publish notice of the Fictitious Business Name in a newspaper of general circulation pursuant to County Ordinance.
“Renewal Deadline” – The date by which the Applicant must file a renewal or re-registration under the applicable County Ordinance (commonly every five (5) years, but subject to county variation).
3. OPERATIVE PROVISIONS
3.1 Registration Statement. The Applicant hereby registers the Fictitious Business Name with the Clerk as required by State Business Law and any applicable County Ordinance.
3.2 Business Conducted. The Applicant will conduct the following business activities under the Fictitious Business Name:
[BRIEF DESCRIPTION OF GOODS/SERVICES].
3.3 Applicant Information. For each Applicant, attach Schedule 1 setting forth:
(a) full legal name; (b) residence or business address; (c) phone/email; and
(d) entity charter number (if applicable).
3.4 Publication Requirement. If mandated by County Ordinance, the Applicant shall:
(a) publish the form of notice attached as Exhibit A in a newspaper of general circulation in the county;
(b) ensure publication occurs once each week for [ONE / TWO / THREE] consecutive week(s) within thirty (30) days after the Effective Date; and
(c) file proof of publication (Affidavit of Publication) with the Clerk within fifteen (15) days after the final publication date.
3.5 Renewal. The Applicant shall file a renewal of the Fictitious Business Name registration with the Clerk on or before the Renewal Deadline and every Renewal Deadline thereafter, unless the Fictitious Business Name is abandoned sooner.
3.6 Abandonment. The Applicant shall file a notice of abandonment or withdrawal within thirty (30) days after discontinuing use of the Fictitious Business Name in the county.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Each Applicant has full legal right, power, and authority to submit this Notice and to conduct business under the Fictitious Business Name.
4.2 Accuracy. All information provided in this Notice (including schedules and exhibits) is true, correct, and complete as of the Effective Date.
4.3 Name Availability. To the best of the Applicant’s knowledge, the Fictitious Business Name is not identical or confusingly similar to any name already registered or prohibited under State Business Law.
4.4 No Infringement. Use of the Fictitious Business Name does not knowingly infringe the intellectual-property rights of any third party.
4.5 Survival. The representations and warranties in this Section 4 survive the filing of this Notice for a period of five (5) years.
5. COVENANTS & CONTINUING OBLIGATIONS
5.1 Compliance. The Applicant shall comply with all State Business Law, County Ordinances, and any other applicable federal, state, or local regulations governing the use of the Fictitious Business Name.
5.2 Updates. The Applicant shall promptly (and in any event within thirty (30) days) file an amended notice with the Clerk upon any change to:
(a) the Applicant’s legal name, entity status, or principal business address;
(b) ownership of the business; or
(c) the nature of the business conducted.
5.3 Records. The Applicant shall maintain accurate books and records evidencing use of the Fictitious Business Name for at least five (5) years after abandonment or withdrawal.
6. DEFAULT & REMEDIES
6.1 Events of Default. An “Event of Default” occurs if the Applicant:
(a) fails to publish as required under Section 3.4;
(b) fails to renew by the Renewal Deadline; or
(c) submits materially false or misleading information in this Notice.
6.2 Cure Period. Upon written notice from any interested party or governmental authority, the Applicant has fifteen (15) days to cure an Event of Default before penalties attach, unless a different period is mandated by County Ordinance.
6.3 Remedies. Remedies for an uncured Event of Default may include, without limitation:
(a) administrative fines imposed by the Clerk;
(b) refusal of the Clerk to issue certified copies of the Notice;
(c) civil liability to aggrieved parties under South Carolina common law for unfair trade practices or misrepresentation; and
(d) invalidation of contracts executed under the unregistered name, to the extent permitted by law.
6.4 Attorneys’ Fees. In any action to enforce this Notice or related obligations, the prevailing party is entitled to reasonable attorneys’ fees and costs, if and to the extent allowed by statute or court order.
7. DISPUTE RESOLUTION
7.1 Governing Law. This Notice is governed by the laws of the State of South Carolina without regard to conflict-of-law principles.
7.2 Venue. Any dispute arising out of or relating to this Notice is subject to the exclusive jurisdiction of the state courts located in the county identified in Section 1.4.
7.3 Arbitration; Jury Waiver. Not applicable.
8. GENERAL PROVISIONS
8.1 Amendments. This Notice may be amended only by a writing signed by all Applicants and accepted for filing by the Clerk.
8.2 Assignment. The rights and obligations under this Notice may not be assigned or delegated except in connection with a bona fide transfer of the underlying business and only after compliance with Section 5.2.
8.3 Severability. If any provision of this Notice is held invalid or unenforceable, the remaining provisions remain in full force and effect.
8.4 Integration. This Notice, together with all exhibits and schedules, constitutes the entire agreement among the Applicants regarding the subject matter and supersedes all prior oral or written statements.
8.5 Electronic Signatures & Filing. Facsimile, PDF, and electronic signatures are deemed original for all purposes, and electronic filing with the Clerk is permitted where available.
8.6 Counterparts. This Notice may be executed in any number of counterparts, each of which is deemed an original and all of which together constitute one instrument.
9. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Applicant(s) execute(s) this Fictitious Business Name Registration & Publication Notice as of the Effective Date.
| Applicant Legal Name | Signature | Printed Name & Title | Date |
|---|---|---|---|
| [APPLICANT #1] | ____ | ____ | ____ |
| [APPLICANT #2] (if any) | ____ | ____ | ____ |
[Add additional signature lines as needed]
NOTARY ACKNOWLEDGMENT
[Include standard South Carolina individual or corporate acknowledgment in the form required by S.C. Code Ann. § 30-5-230 et seq., or by county recording standards.]
10. EXHIBIT A – FORM OF NEWSPAPER PUBLICATION NOTICE
[// GUIDANCE: Confirm exact wording, size, and run-frequency with the chosen newspaper and County Ordinance.]
NOTICE OF FICTITIOUS BUSINESS NAME
NOTICE IS HEREBY GIVEN that the undersigned, desiring to engage in business in [__] County, South Carolina, under the fictitious name of:
[FICTITIOUS BUSINESS NAME]
intends to register said name with the [Register of Deeds/Clerk of Court] of [__] County, South Carolina, in accordance with [cite specific county ordinance or “applicable law”].
Name of Applicant: [LEGAL NAME]
Principal Address: [STREET, CITY, STATE ZIP]
The nature of the business to be conducted is: [BRIEF DESCRIPTION].
Dated: [DATE]
[LEGAL NAME OF APPLICANT]
By: _____
Name: _____
Title (if entity): __
SCHEDULE 1 – APPLICANT INFORMATION
(attach additional sheets if necessary)
| # | Applicant Legal Name | Entity Type | Address | Contact Email | Phone |
|---|---|---|---|---|---|
| 1 | |||||
| 2 |
[// GUIDANCE:
1. Registration Requirements – Some SC counties require filing on a county-specific form. Attach the completed county form as an additional exhibit when submitting this Notice.
2. Publication Requirements – Verify (a) whether publication is mandatory, (b) which newspapers are approved, and (c) affidavit-of-publication procedures.
3. Renewal Deadlines – Many counties require renewal every five (5) years; others require renewal only upon material change. Enter the Renewal Deadline in Section 3.5 once confirmed.
4. State-Level Trademarks – Filing this Notice does not protect the name at the state or federal trademark level. Consider separate trademark registration if exclusivity is desired.]
END OF DOCUMENT