Start Your South Dakota LLC in just a Few Minutes

For as little as $0 + State Fee

Included In All LLC Packages

  • Verify Company Name Availability
  • Preparation & Filing of Articles
  • Next Business Day Processing
  • Registered Agent Service (1st Year FREE)
  • Lifetime Company Alerts
  • Online Order Status Tracking
  • Free Business Tax Consultation
  • Lifetime Customer Support
  • Online Access to incorporation Documents
Getting Started is Easy

Having Your business up and running in 3 easy steps.

LLC Formations blog

Choose Your South Dakota LLC

Using a professional can ensure you complete the process correctly in just minutes. 100% Satisfaction Guarantee.

LLC Formations website

Paperwork Completed By a Professional

Your documents will be prepared by an industry professional and filed directly with the Secretary of State. Follow the process with an Online Order Tracking System.

LLC Formations reviews

Launch Your Business

With next business day processing you will receive notification your LLC is active as soon as it is approved by the State.

How to Form an LLC in South Dakota: The Benefits of Doing Business as a South Dakota LLC

There are many requirements that go into getting your LLC in South Dakota up and running, some of which can be overwhelming for new business owners.

However, with the right support, you’ll be able to successfully form your South Dakota LLC so you can start doing business as a limited liability company. Below you will find an overview of each step:

The South Dakota LLC formation process has nine easy steps:

1. Choose a Name

2. Select a Registered Agent

3. Create the Articles of Organization

4. Create an LLC Operating Agreement

5. Get an EIN Number

6. Open a Business Bank Account

7. Complete an Annual Report

8. Obtain a Business License

9. File Your LLC Taxes

What is an LLC?

A limited liability company, also known as an LLC, is a business structure that offers many benefits to business owners. One of the most well-known benefits is the asset protection offered to members of the business entity.

When you start an LLC, you are able to offer your business services with the guarantee of your personal assets being protected in the case of debts or lawsuits. This means that any personal bank accounts, properties, or vehicles remain separate from the LLC and cannot be obtained in any case, as long as your LLC is in compliance with the state of South Dakota.

If you need help with the LLC formation process, contact the professionals at LLC Formations. We’re here to help you get your business in South Dakota up and running.

Let Us Help You!

Let Us Help You!

1. Choose an LLC Name for Your South Dakota LLC

South Dakota LLC

Step 1 of opening a South Dakota LLC is to choose a name for your business. There are a few requirements you must keep in mind when choosing your business name. Your name must be available to be used in the state of South Dakota, and your name must end with a proper designator that shows it as being an LLC.

It’s important that you choose a unique and clever name when you start an LLC so it can be approved by the Secretary of State. Your name cannot be similar to any other LLCs in South Dakota.

How to Perform an LLC Name Search

In order to see if your ideal name is available, you can conduct a name search through the Secretary of State website. The search will check each business entity registered in the state of South Dakota to see if your name is available to be used in South Dakota.

If any other business in South Dakota State has a similar name, you will need to choose something different. If it’s available, you can continue forward with the formation process.

Reserve a Domain for Your South Dakota LLC

It’s important that you make sure to reserve a domain name before submitting your LLC application to the Secretary of State. Business is often done online, and missing the opportunity for an online presence can negatively impact your South Dakota business.

Your South Dakota business will benefit from having an online site to attract customers and clients. The domain name of your website should be the same as your company name so your marketing material can remain consistent.

If you need help with reserving a domain for your South Dakota state business, contact the professionals at LLC Formations.

2. Choose a Registered Agent for Your LLC

A registered agent is an individual or an entity who can receive legal documents on behalf of your South Dakota LLC. It is the sole responsibility of the registered agent to review legal documents and send them to designated LLC members.

Who Can Be a Registered Agent?

Your registered agent is required to be at least 18 years old, and he or she must have a street address or office in South Dakota in order to use their services.

You can be your own registered agent, you can have a friend or family member be your registered agent or as many business owners, you can hire a professional registered agent service to work on behalf of your LLC.

Why Should I Hire a Registered Agent Service?

Overall, it is better to assign these responsibilities to a professional company that can become your registered agent at a very nominal cost. Agent services will keep track of your information and other documents. Depending on the level of services, they can also take your calls and provide you an online portal to keep on top of everything.

It’s wise to hire a service because it’s one less thing for you to focus on. Instead of having to sit in the office all day, you can focus on doing what you need to do to grow your South Dakota LLC.

3. Create the Articles of Organization

To register an LLC in South Dakota, you need to file the Articles of Organization with the Secretary of State. Also referred to as the Certificate of Formation, the Articles of Organization is proof that your LLC is officially registered.

The Articles of Organization includes important information about your business in South Dakota. Filing the articles is one of the formation requirements, and there is quite a bit of information to include so you can form a South Dakota LLC.

You must list the business name, the names, and addresses of your LLC members, important information about the business owner and registered agent, and you must also pay the state fee in order to have your articles approved so you can form your LLC.

What is the State Fee for the Articles of Organization?

To file Articles of Organization, you can either file an online form or send the form through registered mail to the Secretary of State. Overall, it will cost a $150 state fee to file the Articles of Organization so you can get your South Dakota LLC up and running.

If you file the articles by mail, you can pay the state filing fee by check or money order. If you file online, you can pay by credit card. Once you receive the approval, many LLCs choose to display their Articles of Organization so people can know that the business is a legitimate LLC.

If you need help with filing your Articles of Organization, contact the professionals at LLC Formations.

4. Create the LLC Operating Agreement

The next step of forming an LLC is to create an Operating Agreement. The Operating Agreement outlines how much of the company each member owns and how the business splits profits. In addition, the Operating Agreement usually details the manager structure of the LLC and defines the key roles of major members.

In South Dakota, your LLC Operating Agreement is an internal document. This means that you or your members do not have to submit your Operating Agreement to the Secretary of State or pay any filing fees.

Some other states require an Operating Agreement, but South Dakota does not state that you must file an agreement. However, it’s very important that all LLCs have an agreement of some sort. The content of the agreement can help if any issues arise in the future, so it’s always best to have agreements signed and saved.

5. Get an Employer Identification Number

An EIN is a number that your business must obtain from the Internal Revenue Service (IRS). This number functions much like a social security number for companies and has a lot of tax-related information tied to it. There are also many benefits offered to businesses that use an EIN.

For example, you will need an EIN for filing federal taxes, opening a bank account, obtaining a business credit card or loan, and applying for a certain types of licenses or permits. If you decide to hire employees as the owner of an LLC, you will also need it for payroll. There is no filing fee required, but you must file through the IRS.

Contact the team at LLC Formations so we can guide you through obtaining your EIN for your South Dakota business.

6. Open a Bank Account for Your LLC

When you form a South Dakota LLC, it’s important for all businesses to keep their personal finances separate from professional finances. In order to do this, LLCs must set up a bank account. Business entities that mix funds could have a lot of issues in the future.

To open a bank account, you will need to bring a few forms with you, your ID, and any relevant formation documents. If you want other members to have access to the account, you will need to bring the names and addresses of each member, or perhaps you may need each member present at the bank.

Although there is no fee for opening the account, be sure to check the requirements as each bank can offer different incentives. The only way to avoid mixing funds is to open a bank account, so be sure to keep all of your reports organized so you can remain in compliance.

7. Complete an Annual Report

All LLCs registered in South Dakota are required to send an annual report at the end of every year. Instead of sending reports at the end of a calendar year, LLCs send the report at the end of the month when you first registered your LLC.

It’s important to be punctual when filing the report with the state. The information is very easy to provide and ensures that your limited liability company has taken the proper steps to remain in compliance. All South Dakota LLCs must complete the annual report, so be sure to mark it on your calendar.

8. Obtain Business Licenses

Depending on the nature of your LLC, your limited liability company may require a license or trade permit from the state authorities. For instance, professional businesses such as lawyers and doctors will require a license from the local health department to run a business. If you’re a doctor or a lawyer, registering your business is not enough without a license.

It’s true that South Dakota offers a very business-friendly environment without strict requirements, but it’s important to make sure that your South Dakota LLC is in compliance or you could be shut down.

Let Us Help You!

Let Us Help You!

How Can LLC Formations Help You?

Starting a South Dakota business isn’t easy, but with the right support, you can be on your way to operating a successful South Dakota LLC.

Check out our Tennessee LLC filing guide to learn about opening businesses in other states.

Additional Resources