Welcome to the Start a Business webpage committed to providing you with all the information you need to form an LLC in the State of South Dakota. The filing process has been made quite simple and can be completed from start to finish in a matter of minutes. As there is currently no online registration system available, filing your application must be done through the mail. Filers will begin by downloading the Articles  of Organization document supplied by the Secretary of State. With this document completed in duplicate, a filing fee must then be included in the amount of $150 (payable by check made out to the Secretary of State). For more information on what specific details are required in order to complete registration, scroll down to the tutorial below and get started with your new entity!

Before starting the registration process, we recommend that all filers take a moment to perform a preliminary check to ensure the availability of their desired entity name. You may also wish to file the Application for Name Reservation in order to reserve your business name. In South Dakota, these reservations last for 120 days and cost $25.

How to File

Step 1- Filers may begin by downloading the Articles of Organization document that the state has provided.

Step 2- Continue by submitting the following information:

Page 1

  • Telephone #
  • FAX #
  • Name of LLC
  • Duration of business
  • Address of initial office in or out of South Dakota
  • Registered agent’s name
  • Registered agent’s address
  • CRA # (if applicable)

SD-LLC

Page 2

  • Name and address of each organizer
  • Choose whether your LLC will be managed by a member or a manager
  • If the company is manager managed, state the name and address of each manager
  • Whether one of more members are liable for debts and obligations

SD-LLC-2Page 3

  • Other provisions you wish to set forth
  • Date, signature, and printed name of organizers

SD-LLC-3

Step 3- Upon completion of this document in duplicate,  a filing fee in the amount of $150 must be attached to your application (payable by check made out to the Secretary of State). Have all articles mailed to the address below.

Secretary of State Office

500 E Capitol Ave

Pierre, SD 57501

Tips

EIN – Most businesses are required to apply for an Employer Identification Number upon registration in the United States. An EIN is tool used by the IRS to identify tax withholding entities and is often essential to operate legally in the country. Once obtained, your entity will be eligible to hire employees, apply for loans, register for bank accounts, and perform a number of other business transactions. If you are having difficulty obtaining an EIN, we have supplied a tutorial linked to the heading of this paragraph. You may also apply directly Online or through the mail by filing the PDF form Form SS-4.

Operating Agreement– An operating agreement, though not legally required in South Dakota, is a useful organizational tool used to relay the various rules and regulations of any particular entity.  Within this document a number of business details are covered, from day-to-day operations, to interest percentages and stock values. Each managing members of your entity will have their roles and responsibilities defined, providing you with a clear view of how your business is meant to be run. We recommend taking a moment to view our free template, to consider the benefits of drafting an agreement of your own. To download the template (available in MS Word and Adobe PDF), click the link at the heading of this paragraph.

Renewal – All limited liability companies are required to renew their registration annually with the Secretary of State to remain in good standing. Renewal can be accomplished by navigating to this website and submitting your business ID. If you are unaware of your business ID, you may perform a business entity search to view the details of your organization. The filing fee for the renewal should be provided in the amount of $50. Note that all delinquent accounts will incur an additional $50 fee if your renewal is not submitted in time. To file through the mail, access this website and download the renewal file corresponding to your entity type. Both the filing fee and the application must be forwarded to the address below.

Secretary of State Office

500 E Capitol Ave

Pierre, SD 57501