Individuals in the State of South Dakota have the ability to register a domestic or foreign corporation by filing either the Articles of Incorporation, or the Application for Certificate of Authority, and submitting them to the Secretary of State. This filing must be submitted through the mail as there is currently no online method of application. Regardless of what type of corporation you are filing for, a fee will be required in order to register. Domestic profit corporations will be required to pay $150, while non-profits need only pay $30. On the other hand, foreign profit corporations must pay the sum of $750, and non-profits $125. This fee is payable by check made out to the Secretary of State. All foreign entities must also attach a certificate of good standing with their application.

How to File

Step 1- The first step we usually recommend that filers take is to perform a Business Entity Search of the Secretary of State’s database to check the availability of their desired entity name. Every business in the state must use a unique name in order for their registration to be accepted. Filers may also wish to reserve a business name by utilizing the Name Reservation application. Submitting this application will allow you to reserve a name for up to 120 days prior to filing your application.

Step 2- Registration can be accomplished by filing the PDF applications supplied within the tutorials linked below. The required info varies between each application; to find out more about what exactly is needed in order to file your corporation, click the link below that corresponds with your entity type.

Step 3- Once all the forms have been completed correctly, you must gather all additional certificates. Foreign entities will be required to supply a certificate of good standing/certificate of existence from their state of initial incorporation.

Step 4- Lastly, a filing fee must be made in the form of a check made payable to the Secretary or State. The fees differ from corporation to corporation. Domestic profit corporations must pay $150 while non-profits need only pay $30. Foreign profits need to supply a total of $750 and non-profits must pay $125. Gather all documents, and the correct filing fee and forward them to the address below.

Secretary of State Office

500 E Capitol Ave

Pierre, SD 57501

Tips

EIN – After applying for registration for your corporation, an Employer Identification Number given by the IRS must be obtained. The EIN is a unique identification tool similar in nature to the social security number, viewable by the government for tax purposes. Once acquired, an EIN will provide you with the availability to hire employees, apply for bank accounts, register for loans, and much more. Filing can be done directly Online, or through the mail with the PDF Form SS-4. For those having difficulty filing, click the link at the heading of this paragraph to gain more information on the correct filing procedure.

Corporate Bylaws –  A set of corporate bylaws, when implemented correctly, can be a great tool when used to assist managing members with the organization of their internal affairs. A corporate bylaw is an agreement between the individuals of any given corporation, providing them with the ability to standardize the rules and regulations of the entity. Though not legally required, we highly recommend the implementation of this document within your organization. If you would like to view our free template, click the link at the heading of this paragraph.

Renewal – Each corporation in South Dakota, regardless of type, must submit a renewal report annually to remain in good standing with the state. This renewal is mandatory in order for your corporation to continue operating normally. To renew, click the link here to gain access to the online filing system that the state has provided. A fee will then be required in the amount of $50 for profit corporations and $10 for non-profits. Filers may choose to file through the mail by navigating to this website, followed by downloading the renewal application that corresponds with their entity type.  Both the filing fee and the application must then be forwarded to the address below.

Secretary of State Office

500 E Capitol Ave

Pierre, SD 57501

How to (Video)