How to Amend a South Dakota Articles of Organization

Discover why amending your South Dakota Articles of Organization is essential for compliance and adaptability. Explore our guide below for expert insights.

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Forming a South Dakota limited liability company (LLC) begins with submitting Articles of Organization to South Dakota’s Secretary of State. This document includes all basic information about your business, including name, purpose, member information, and more at the time of formation. Occasionally, this information will need to be updated by filing Articles of Amendment with the Secretary of State. If this sounds complicated, we’re here to help. Let’s take a closer look at the South Dakota amendment process, why you might need to file one, and how we can help.

Step 1: Determine if you need to amend your South Dakota Articles of Organization

The Articles of Organization exist to inform the state and the public of what your business is about and how to get in touch with you. This document allows you to operate your business as a limited liability company with all LLC entity benefits. If the information you used to create the company changes, it must be updated to remain compliant with the state. 

If you’re just starting your South Dakota limited liability company, see how using our South Dakota LLC formation service can streamline the administrative process, allowing you to get your business off and running on the right foot.

If you fail to update your Articles of Organization, you may not receive a Certificate of Good Standing in South Dakota. This document certifies that your business is compliant with state requirements and fees. Investors and lenders appreciate consistency and may request a Certificate of Good Standing. If you haven’t filed a South Dakota LLC Amendment to reflect the changes in your business, you may be ineligible for a Certificate of Good Standing. 

Step 2: Identify what to change in your South Dakota Articles of Organization

A South Dakota limited liability company may amend any Article of Organization provision as approved by the LLC management except a change of registered agent. A Statement of Change of Registered Agent form is used to complete that change. If you need to acquire a new South Dakota registered agent to manage legal correspondence for your business, we can help simplify that process. 

Name of Your South Dakota Limited Liability Company

Whether for marketing purposes, convenience, or personal preference, you may change your business name. It’s important that you adhere to all state naming requirements set forth by South Dakota law when choosing a name. 

Changing contact and member information of the LLC

When information about your members or managers changes, you will need to file a South Dakota LLC Amendment. Likewise, you will need to keep both the principal physical address of the business and the mailing address current with the Secretary of State to avoid compliance failure. 

Step 3: Gather information for filing your South Dakota amendment

The South Dakota Articles of Amendment form isn’t detailed, but you will need to provide some specific information: 

  • Current name of the limited liability company
  • Business identification number 
  • Original Articles of Organization filing date
  • The amendment itself
  • Signature of an LLC member or manager

You may attach additional pages if needed to convey all amendments. Amendments can also pertain to any other provisions stated in the Articles of Organization. 

Step 4: File your South Dakota amendment

Submit your South Dakota Articles of Amendment with a duplicate copy by mail or in-person to:

South Dakota Secretary of State Office
500 E. Capitol Ave.
Pierre, SD 57501
(605) 773-4845

The South Dakota Secretary of State will return the duplicate amendment by mail. It will return it by fax for an additional fee. Regular processing takes two business days. 

We can make the amendment process easier with our Worry-Free Compliance service that helps you stay on top of business filings. This service includes two amendments annually. 

Articles of Amendment vs. Restatement of Articles

Articles of Amendment make changes to the original Articles of Organization. A Restatement of the Articles keeps all information in one place. 

There is no official form for South Dakota Restatement of Article of Organization. South Dakota law states, “Restated articles of organization must be signed and filed in the same manner as articles of amendment.” You will need to title the document “Restated Articles of Organization” and include the LLC’s present name and any former names in the introductory paragraph.

We can help your South Dakota LLC stay compliant

Filing South Dakota Articles of Amendment is one more thing to keep track of in your already busy schedule. Let us take some of the stress out of tracking state filings with our Worry-Free Compliance Service, and take advantage of our other tools and services designed to make running your business easier. 

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

FAQ

  • You do not need an attorney to file your South Dakota LLC Amendments, but you may consider consulting with a legal or business professional to determine how your amendments will legally impact the company.

  • A South Dakota limited liability company may amend any changes approved by the LLC management except a change of registered agent. These include the name of the company, address, members, managers, and contact information.

  • Though some of the information is the same, the South Dakota Articles of Amendment and annual report are different. You will need to file your annual report each year regardless of whether information in your Articles of Organization changes.

  • Standard processing takes two business days. One-day expedited processing is available.

  • The South Dakota Secretary of State will return the duplicate amendment by mail. It will return it by fax for an additional fee.

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