How To Start an LLC in Florida
Form a South Dakota LLC in 6 steps: choose a name, appoint a registered agent, file Articles or a Certificate of Organization with the Secretary of State, create an operating agreement, obtain an EIN, and secure required licenses and permits.
Starts at $0 + SD state fees and only takes 5-10 minutes
Last Updated: March 13, 2026
This six-step guide will inform you about South Dakota LLC filing and other steps while making it as easy as possible to follow. Keep in mind that this guide is for starting a domestic, for-profit LLC in South Dakota. Starting a foreign LLC (formed outside of the state) follows different steps.
Choose a name for your LLC in South Dakota. This is the perfect time to get creative. Your LLC’s name should reflect your brand, culture, and customer base. However, the name you choose must meet the state’s legal requirements for LLCs.
If it doesn’t meet these requirements, the Secretary of State may reject your formation documents and you’ll have to go back to the drawing board to find a new name.
As you’re creating your list of potential business names, you’ll need to refer to South Dakota’s LLC naming requirements. The name must contain the words “limited liability company” or “limited company.” You can abbreviate limited as “Ltd.” and company as “Co.”
In lieu of these, you can use one of the following designators:
The name must also be distinguishable from other business names on record with the state. This includes the names of other South Dakota LLCs, corporations, and limited partnerships. Be sure to look over Section 47-34A-105 of South Dakota’s Uniform Limited Liability Company Act.
After coming up with a name that follows the state’s rules, you’ll want to conduct a South Dakota business search to see if it’s already taken.
The naming rules for a South Dakota PLLC are determined by that profession’s regulatory board, so please consult with your industry’s regulatory agency for full guidance on your industry’s requirements. In South Dakota, even the designator for a PLLC can vary among professions (for example, a doctor’s office has a different set of allowed designators than a law office).
South Dakota allows for the reservation of business names. You may want to consider doing this so that no one nabs your name as you’re getting your LLC set up. To reserve your name, submit an Application for Reservation of Name with the Secretary of State’s office. You’ll pay a small filing fee, and your name will be reserved for 120 days.
Having a domain name (and, by extension, a website) is an important tool for reaching customers. You’ll definitely need one if your business will be strictly online. Even if it won’t be, lacking a web presence in the digital age is something you may want to avoid. Many people’s first inclination when looking up a business’s address, hours, phone number, and other information is to search online.
You can also use a website to market your brand and conduct business. And a domain name’s availability might influence your business name choice. When coming up with a name, you should consider getting a matching domain name. If you can’t, you may want to reconsider your business’s name until you find an identical domain name.
You may want to check if your prospective business name has a trademark. It’d be a terrible thing if, after starting your LLC, you suddenly received a trademark infringement notice. The thing with trademarks is that the state doesn’t check for them when you file your Articles of Organization. You’ll have to do it yourself.
You can check for trademarks in several ways. First, you can seek the help of an attorney who specializes in trademarks to check for you. Second, you can check at the federal level with the United States Patent and Trademark Office (USPTO) website’s search engine. Third, you can check the South Dakota Secretary of State’s “Trademark Search” page and use their tool to search at the state level.
You can also do an old-fashioned internet search on your potential business name. Search domain names, online phone directories, and social media sites.
If you plan to do business under a name other than your LLC’s legal name, then you’ll need to register a “doing business as” (DBA) name. These are also referred to as “trade names” and “fictitious names.” DBAs can be helpful if you want to abbreviate your name or differentiate a new product line or service. The South Dakota Secretary of State registers DBA names for a small filing fee and requires renewal every five years.
Name a registered agent. This person or entity receives legal and some other official notices on behalf of the company. They’re also known as resident agents, statutory agents, and agents for service of process in other states. All LLCs in South Dakota must have a registered agent. You’ll name this agent in your Articles of Organization.
A registered agent’s responsibility is to receive legal forms, official government correspondence, and other important documents on behalf of a business. These can include notices of service of process (lawsuits), Secretary of State correspondence, and more. The registered agent then informs the appropriate person at the LLC that these documents need their attention.
A registered agent must have a physical address in South Dakota. They must also be available during regular business hours. In South Dakota, your Articles of Organization will give you the option to name a commercial registered agent or a noncommercial registered agent (can be an individual).
You can appoint whomever you want as your registered agent as long as they meet the state’s requirements. As we mentioned above, they need to have a physical address (known as a registered office), meaning they can’t use a P.O. box. They must also be available at this address during regular business hours.
South Dakota maintains a list of commercial registered agents in the state. If you choose one, you only need to list the agent’s name and their CRA# on your formation documents. For a noncommercial agent, you’ll need to include their name and address. Check out the South Dakota Secretary of State’s “Registered Agents” page for more information.
Since South Dakota requires LLCs to maintain a registered agent, if yours isn’t found, then you may be looking at some repercussions. You can fall out of compliance with the state, lose your personal liability protection, pay fines, and even have the LLC dissolved. On top of that, if a process server can’t find your registered agent, then a lawsuit could move forward without you knowing. Always maintain a registered agent and be sure their information is always up-to-date.
In South Dakota, you can serve as your LLC’s registered agent, but the LLC itself can’t be its own agent. As long as you meet the state’s requirements for registered agents, then you can list yourself in the Articles of Organization. You may be thinking that being your own registered agent sounds great, but there are some drawbacks.
First, you must be at your registered office during regular business hours. This can make it difficult to meet with clients and customers, run errands, go on vacation, take a sick day, etc. Second, if a process server delivers a notice to you at your business, then potential customers and clients will know you’re getting sued. This can be both embarrassing and bad for business.
If you aren’t sure who to name as your registered agent in your formation documents and/or don’t want to serve as your own, then consider hiring a registered agent service to provide you with one. This way, you won’t have to worry about your registered agent retiring, leaving the position, or anything else.
Complete and file your South Dakota LLC Articles of Organization with the Secretary of State. When the Secretary approves the Articles, your LLC will be officially recognized as a legal business entity in the state.
You’re required to pay a filing fee for submission.
The state’s Articles of Organization form is pretty straightforward in detailing the information you’ll need. Here are some things to expect:
There are a few other details to consider, so check out Section 47-34A-203 of South Dakota’s Uniform Limited Liability Company Act.
To file as a South Dakota PLLC, you’ll use the same online filing process (there’s no paper filing option for a PLLC). You’ll need to answer questions specific to a PLLC, such as what designator to use in your name; the website lists your options.
Your LLC in South Dakota can be member-managed or manager-managed. A member-managed LLC is, of course, managed by its members. This is the default management setup in the state for LLCs. You can, however, choose to have a manager-managed LLC.
If you want a manager-managed LLC, then you’ll have to make this designation in the Articles of Organization. The managers will head the company’s day-to-day operations. This can be a helpful setup if the company’s members don’t want to deal with this responsibility. A manager can be one of the members or an outside party chosen by the members.
Although you’ll mark your LLC’s management structure in the Articles of Organization, you can also do so in your operating agreement.
If you have all the information you’ll need to file your Articles of Organization, then you’ll have two options. The first is filing electronically with the Secretary of State. Go to the “Form or Register a New Business” page and follow the instructions to fill out this online form. There’s a one-time South Dakota LLC filing fee of $153 (as of this writing).
Your second option is filing by mail. You can use the same tool for online filings and print the Articles. You can also download and print the Articles from the Secretary of State’s “Business Forms” page. Paper filing has a one-time cost of $165.
The good news is that the Secretary of State immediately processes South Dakota LLC formation documents submitted online. It can take three to five business days if filed by mail, not counting time in transit, you can also upgrade to a faster filing service for a fee.
You only have to file your Articles of Organization once, and if approved, your South Dakota LLC becomes official. If anything changes with your company after, such as a new member joining or a change in registered agent, then you’ll need to inform the state. You’ll do this by filing the Application for Amended Articles of Organization form. This is also known as the South Dakota Articles of Amendment. You’ll detail what specifically is changing in your Articles with this document.
In South Dakota, your LLC’s effective date is the day you filed your Articles of Organization with the Secretary of State. This also applies if the Articles get approval at a later date. For example, if you filed your documents on August 10 but they weren’t approved until August 13, then your LLC’s official effective date is August 10.
Some entrepreneurs, especially if it’s near the end of the calendar year, will delay their LLC filing date to January 1 of the coming year. This way, they can avoid the hassle and cost of having to pay taxes on an LLC in the current year. This is especially true if the future LLC owners don’t need to establish the company right away.
In South Dakota, you also have the option to tell the state that you want your effective date to be at a later time. You can choose to have your LLC’s effective date be up to 90 days past the date you submit the filing.
Draft a South Dakota LLC operating agreement. This isn’t a legal requirement, but many LLCs can find an operating agreement beneficial. This is an internal document that you can use to spell out the business’s policies, rules, and plans of action if the LLC runs into certain situations.
Without an operating agreement, your company will have to follow the state’s default provisions for LLCs. The great thing about this agreement is that you can detail how you want the business to run as long as your company’s operations don’t break any laws.
Here are a few other benefits:
Since there’s no official comprehensive operating agreement format to follow, you can include what you want in yours, provided it’s legal and you feel it’ll help the business run smoothly. One great thing about these agreements is that there’s no maximum word count. Add as much as you’d like if you feel it’s appropriate. If you aren’t sure what to add to yours, here are some suggestions:
We mentioned above that an operating agreement can be used to outline how a business will run, and you might be thinking that putting one together is pointless as the only owner. Consider drafting one, anyway. Oftentimes, lenders and investors request to see an operating agreement before deciding to fund or work with a business.
Another major reason to draft an operating agreement is to lay out what will happen to the business should something happen to you. If you become incapacitated or die, do you want the business dissolved or handed over to someone else? An operating agreement can also be used to further show that you and the LLC are different entities, reinforcing the company’s limited personal liability feature.
Apply for an Employer Identification Number (EIN) with the Internal Revenue Service (IRS) for your LLC. Sometimes called a Federal Employer Identification Number (FEIN) or Federal Tax Identification Number, an EIN identifies your LLC when paying taxes and helps you apply for a business bank account. You can apply for your EIN online with the IRS, or an EIN service.
If your business will engage in a taxable activity, then you must register with the South Dakota Department of Revenue. Any business in South Dakota must also obtain a sales tax collection license. You can register for most tax licenses on the Department of Revenue’s Filing and Tax Payment portal. Here, you can file alcohol, contractor’s excise, sales and use, wholesaler, and other tax license applications.
South Dakota doesn’t have a corporate income or general privilege tax. Additionally, all new South Dakota businesses must register with the Reemployment Assistance Tax Unit with the South Dakota Department of Labor and Regulation.
South Dakota doesn’t require employers to have workers’ compensation insurance coverage. However, it’s strongly recommended. An injured employee can file a civil suit against an employer who doesn’t have this insurance. A business owner may choose to enroll in the South Dakota Workers’ Compensation program to receive coverage for work-related injuries and illnesses.
Also, as an employer, you’re required to report all new hires to the South Dakota Department of Labor and Regulation New Hire Reporting Center.
The LLC structure’s flexibility doesn’t stop at its management. It’s also a very popular entity due to its flexible tax options. By default, a single-member LLC is taxed as a sole proprietorship. If the business has multiple members, it’s taxed as a partnership. This avoids “double taxation.”
An LLC can also choose either a C corporation or an S corporation tax designation. As a C corp, the LLC will deal with double taxation, in which the business’s profits are taxed both at the business level and again at the level of the individual business owner. However, certain LLCs may choose this designation anyway due to the benefits that it offers. For example, a C corp designation can have many tax deductions.
An LLC with an S corp designation retains pass-through taxation while having the potential for saving money on self-employment taxes. You can be an “employee-owner,” allowing you to split income into your salary and your share of the company’s profits. This way, you’ll only pay Social Security and Medicare taxes on the salary but not the profits. You’ll still need to pay other taxes on the profits, however.
Like many good things, though, an S corp designation comes with some drawbacks. LLCs filing as an S corp usually get more attention from the IRS, bringing with it a higher chance of an audit. There are also more restrictions for S corp status.
Speak with a tax professional if you aren’t sure which designation to assign to your LLC or to learn more about business tax liabilities.
There’s a good chance that your South Dakota LLC will need at least one license or permit to operate compliantly, but it could need even more. Unfortunately, this step isn’t quite as simple as saying, “File this form with the South Dakota Secretary of State.” For this step, you’ll need to dig in and do some research.
For starters, some LLCs need to get federal licenses. For example, suppose you want to brew a light lager beer for an iconic South Dakota Martini. In that case, you’d need to get a license from the Alcohol and Tobacco Tax and Trade Bureau since you’d be manufacturing and selling alcohol. Meanwhile, aviation businesses would need to get a license from the Federal Aviation Administration. If your LLC involves a heavily regulated activity, there’s a good chance you’ll need a federal license, but it’s your responsibility to research and know for sure.
Next, you’ll need to address state-level licenses. Unlike some states, South Dakota doesn’t require a general business license at the state level. There may be other requirements to uphold, though. For example, if you’re selling taxable goods or services, you’ll need to get a sales tax license from the Department of Revenue. You might also need licenses for alcohol sales, manufacturing, motor fuel sales, and more.
Local licenses are another important category to address. South Dakota municipalities can set their own requirements for local licenses, including general business licenses or industry-specific permits. For example, Sioux Falls doesn’t have a general license, but it does require industry-specific licenses for alarm businesses, liquid waste generators, medical cannabis dispensaries, and more. Rapid City takes a similar approach, requiring licenses for ice cream vendors, pawn and thrift shops, adult-oriented businesses, and more. There’s a good chance your area has similar requirements.
You may also need to get zoning permits for your location. Similarly, if you’re working out of your home, you may be required to get a home occupation permit. Ultimately, it’s your responsibility to research your local requirements.
Last but not least, you’ll need to research licenses related to your industry or profession. A lot of professions require licensure. For example, the South Dakota Department of Health oversees licensing boards for midwives, chiropractors, pharmacists, massage therapists, and more. Meanwhile, attorneys would need to get licenses from the State Bar of South Dakota. Architects, engineers, and land surveyors would get licenses from the South Dakota Board of Technical Professions. And the list could go on.
Long story short: you’ll need to do plenty of research to ensure you get all of the licenses that apply to your business — your unique industry, services, and business location.
Licensing is extremely important for a PLLC in South Dakota. According to South Dakota state laws, it’s your responsibility to ensure that everyone who offers your company’s professional service is appropriately licensed at all times. But remember that these professional licensing requirements don’t overwrite your other state and local licensing requirements. You’ll still need to get those licenses, too.
Once you’ve completed the six steps in our guide, take time to complete some additional ones that can help your LLC run more smoothly.
After getting your EIN, you’ll be able to open a business bank account to keep your company’s funds organized. Mixing your business and personal funds can make your taxes harder to organize, so you may want to avoid using your personal checking account for your business activity and vice versa. Additionally, if your LLC is ever taken to court and sued, it may be harder to prove that you and the business are separate entities.
After completing the five steps in our guide, be sure to look into business insurance. Although LLCs come with personal liability protection by default, getting extra coverage through various types of business insurance doesn’t hurt. Many issues can result in heavy costs for your business. Professional mistakes and workplace accidents are just a couple.
There are many types of business insurance policies offered by countless insurers in the market. Do a bit of research to find one whose policies match your needs and budget.
In South Dakota, active registered business entities must submit an annual report on the first day of the anniversary month the paperwork for the business was filed. For example, if you submit your Articles of Organization on November 8, then your annual report will be due on November 1 every year after.
If you fail to file your annual report on time, the state will declare your LLC delinquent and you’ll incur a late fee two months after the original due date. Failing to submit your report while in delinquent status may result in the business’s dissolution. Go to the Secretary of State’s “File an Annual Report” webpage for additional information.
As you near the last stages of finalizing your LLC’s registration, there may be some additional requirements and questions about what to do after the business is set up. Consider the following topics and make the best-informed business decisions.
You’ll undoubtedly consider hiring employees to keep up with your business’s growth. How will you find them? Which skills and experiences will you want them to have? We can’t tell you who to hire for your company. Only you’ll be able to make that determination, but there are resources available online that can lend you a hand when you need to hire employees.
The South Dakota Department of Labor and Regulation website has a “Workforce Services for Businesses” page that can point you in the right direction. You’ll find such topics as employment laws and recruitment tools. You can even post jobs through the website to help you find the employees you need.
You can get a Certificate of Good Standing for your LLC in South Dakota. This document is also known as a Certificate of Status and a Certificate of Existence. You aren’t required to get one to form an LLC or do business, but a Certificate of Good Standing can come in handy for:
You can submit your Certificate either online or by mail filing. Go to the Secretary of State’s “Certificate of Good Standing” page to file electronically. You can also print the document from that same webpage, fill it out, and mail it. Both methods require a filing fee.
Now that you know how to form an LLC in South Dakota, we hope the process doesn’t seem too overwhelming. We know that government filings and submitting legal forms of any sort can be nerve-racking.
Hopefully, our guide has properly informed and prepared you for what you’ll need to do during the South Dakota LLC formation process. If you’re still feeling a bit lost, don’t worry. Our business formation services can help you start, run, and grow your business.
We’ll be with you every step of the way, whether you’re planning to start a touring company in the Black Hills or a flower shop in Sioux Falls. You can rest easy knowing that we have your back, starting with our formation service.
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South Dakota LLC FAQs
You should refer to your operating agreement to check the rules you established for transferring ownership of your South Dakota LLC. Without an operating agreement, your business must follow the state’s default rules for ownership transfers.
South Dakota doesn’t require LLCs to draft a business plan. Putting one together could be a good idea, though. Investors and lenders may want to see this plan before doing business with you.
Another perk of having a business plan is showing that you’re serious about the company and want it to succeed. Read up on planning your business for more information.
The LLC model is one of the more popular business structures due to its benefits. A few South Dakota LLC benefits include:
If you don’t want the default LLC tax election, you’re also allowed to choose to be taxed as a corporation. Depending on which of the two is more beneficial, you can choose a C corporation or S corporation tax designation.
In most cases, no, but check with your industry’s regulatory board.
A physical address is the actual location of the business, while a mailing address is where the business receives mail.
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Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. For specific questions about any of these topics, seek the counsel of a licensed professional.
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