Filed with
South Dakota Secretary of State
Document
Articles of Organization
Recurring filing
Every year
- 01
Choose a name for your South Dakota LLC
South Dakota Secretary of State business filings →The name must include "limited liability company", "limited company", "L.L.C.", "LLC", "L.C." or "LC". It also has to be distinguishable from every business already on the South Dakota register.
Search the South Dakota Secretary of State business records before you file.
- 02
Choose a registered agent
Every South Dakota LLC needs a registered agent with a physical address in South Dakota, available in business hours to accept legal papers and state notices.
You can be your own agent, but your address goes on the public record and you need to be there during business hours. A registered agent service keeps your home address off the filing.
- 03
File your Articles of Organization
South Dakota Secretary of State →The Articles of Organization is the document that creates your LLC. It is filed with the South Dakota Secretary of State, which accepts it online.
It names the LLC, its registered agent and address, and whether it is managed by its members or by managers.
- 04
Write an operating agreement
South Dakota operating agreement rules and free generator →The operating agreement sets out who owns the LLC, how profits are shared and how decisions are made. It is not filed with the state, but banks often ask for it, and without one your state’s default rules decide disputes between members.
- 05
Get an EIN
An Employer Identification Number from the IRS is the LLC’s federal tax number. You need it to open a business bank account and to hire, and it is free from the IRS.
- 06
Open a business bank account
Keep the LLC’s money separate from yours from the first day. Mixing them is the most common reason courts set aside an LLC’s liability protection.
- 07
Get the licenses your business needs
South Dakota business license lookup →Forming the LLC is not a business license. Check whether South Dakota requires a state license, what your city or county requires, and whether your trade is licensed. If you sell taxable goods or services, register for South Dakota sales tax too.
- 08
Keep your South Dakota LLC in good standing
Compliance deadline tracker →South Dakota LLCs file an Annual Report every year. It is due by the first day of the anniversary month of the original filing each year, starting the year after formation.
Worth knowing in South Dakota
- The annual report can be filed starting two months before its due date.
- If the report is still not filed two months after the due date, the LLC becomes delinquent and late fees begin.
- Online filing is through the Secretary of State's enterprise portal (sosenterprise.sd.gov).
Or have it done for $399
We check your name, file your Articles of Organization with the South Dakota Secretary of State and pay the state fee, act as your South Dakota registered agent for the first year, get your EIN and write your operating agreement. One price, nothing else to buy.
Sources
Nearby states
Frequently asked questions
How do I start an LLC in South Dakota?
Choose an available name, appoint a registered agent in South Dakota, and file a Articles of Organization with the South Dakota Secretary of State. Then write an operating agreement, get an EIN from the IRS and open a business bank account.
How much does it cost to form an LLC in South Dakota?
South Dakota charges a filing fee for the Articles of Organization. With StartGlobal the total is $399, with that fee included, plus your EIN, operating agreement and first-year registered agent service. See our South Dakota LLC cost page for the yearly costs.
Does a South Dakota LLC have to file an annual report?
South Dakota LLCs file an Annual Report every year. It is due by the first day of the anniversary month of the original filing each year, starting the year after formation.
What is the Articles of Organization?
The document filed with the South Dakota Secretary of State that creates your LLC. It gives the LLC's name, its registered agent and registered office in South Dakota, and how it is managed.
Can I be my own registered agent in South Dakota?
Yes, if you have a physical address in South Dakota and are there during business hours. That address becomes part of the public record.
