Filing for an LLC, whether foreign or domestic, is an easy task that can be accomplished by even the most inexperienced individual. While a number of states have an online filing system available, South Dakota requires all entities to register through the mail with an attached filing fee. The fee for a domestic LLC is $150 while foreign LLCs must pay $750. Be sure to pay for the fee by money order or check made out the the Secretary of State. Foreign entities will also be required to submit a certificate of good standing/certificate of existence from the state of initial formation in order to register. To gain access to more info regarding the filing procedure, scroll down to the tutorials below.

How to File

Step 1- We recommend that all filers perform a Business Entity Search prior to registration to ensure that their desired entity name is available for use. Without a unique name, your application is liable to be rejected. Furthermore, entities may reserve a name for up to 120 days prior to filing their registration documents by utilizing the Name Reservation application that the state has provided.

Step 2- The next step is downloading the requisite documents and supplying the required information. More information can be found within the links located below.

Step 3- Once your application is complete, proceed to gather any additional certification demanded by the Secretary of State. Foreign entities must supply a certificate of good standing from their state of initial formation. A filing fee in the form of a check made out to the Secretary of State must then be attached ($150 domestic, $750 foreign). Forward both the documents and the filing fee to the address below to complete your registration.

Secretary of State Office

500 E Capitol Ave

Pierre, SD 57501

Tips

EIN – Once your LLC has been filed and acceptance has been received from the Secretary of State, an Employer Identification Number given by the IRS will most likely be required. The EIN will enable your entity to be recognized as a legitimate tax paying company. With this number you will have the ability to apply for loans, register for bank accounts, hire employees, and perform a number of other essential business transactions. For those having difficulty filing, we have supplied a tutorial on obtaining an EIN linked to the heading of this paragraph. You may also wish to apply directly Online, or through the mail with the PDF Form SS-4.

Operating Agreement – An operating agreement in an internal document specifying the rules and regulations of a particular LLC. Management policies may be decided within this agreement as well as the roles and responsibilities of each individual involved in its organization. Though not legally required by state law, we highly recommend implementing an operating agreement upon formation of your entity. Please take a moment to view our agreement template linked in the heading of this paragraph, available in both MS Word and PDF formats.

Renewal – To remain in good standing with the state and continue conducting business, LLCs must file a renewal application annually. Filing your renewal report is simple and can be accomplished online by first navigating to this website. You must then submit your business ID to access the filing system. If you are unaware of your business ID , performing a business entity search will provide you with this information. A fee of $50 will be required with your report. You may also wish to file your application through the mail; a feat which can be accomplished by accessing this website ad downloading the corresponding application corresponding to your entity type. Both the fee and the renewal application must be forwarded to the address below.

Secretary of State Office

500 E Capitol Ave

Pierre, SD 57501

How to (Video)