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If you’ve decided to start a limited liability company (LLC) in South Dakota, you’re one step closer to becoming a business owner. There are several steps to take, with some being more complicated than others. Keep reading to learn how to create an LLC in South Dakota.
We can help you form your South Dakota LLC in just minutes. More than 300,000 entrepreneurs have used our formation services, which start at just $49 + state fees. Simply click the “Start Your LLC Now” button below.
If you want to start an LLC in South Dakota on your own, you need to file your Articles of Organization through the Secretary of State’s website. Before you do so, decide on a name for your business and appoint a registered agent. You’ll also need to decide on creating an operating agreement (even though it isn’t a requirement in South Dakota). Follow our steps for more information on South Dakota LLC formation.
This step-by-step guide will break down the LLC formation process so that you can get a handle on it. Along the way, we’ll show you how our South Dakota LLC formation services can make things even easier by cutting through the red tape.
Naming your business is the first step in creating your South Dakota LLC. Start by creating a list of alluring and captivating options that will give your future customers some idea of what you do and what kind of company culture to expect.
South Dakota also has set laws on naming LLCs. As your business will be designated an LLC, it’s mandatory to place a form of “Limited Liability Company” on the end of your business name. You do have some choices about how you would like this designator to appear on all official documents. The following list represents all versions of the LLC title that can be legally applied to your business name:
Further, the state bans the use of certain terms in an LLC name. You can’t use designators for other formal entities like “Corporation,” “Limited Partnership,” “Incorporated,” “Inc.,” or “Cooperative.” You must also avoid words that would associate your business with a government agency, like “FBI,” “federal,” “government,” and “city.”
Last but not least, your LLC name must be one of a kind. One tip during this process is to key in your names with just their fundamental portions. For instance, if you are considering “Janet’s Ice Cream Parlor,” search for “ice cream” first.
Narrow your list to names that differ as much as possible from existing names. South Dakota law provides that a business name be “distinguishable on record” to be utilized for a new business entity. Slight changes in spelling, punctuation, or chosen suffix are not enough to form a unique and acceptable name.
Check to see if your LLC name by following the directions on our South Dakota business name search page.
Once you’ve found an available name, you’ll need to determine if you’re ready to file right away or if reserving the name is in your best interest. If you’re not quite ready to finish up the paperwork, you can reserve your chosen name for up to 120 days for a fee.
If you’d rather not deal with this process yourself, we have a business name reservation service that can handle it for you. As part of the service, we also check to see if your desired name is available.
If you plan to use an alternate name for your LLC, you’ll need to complete this process twice. Known as a fictitious name or “Doing Business As” (DBA) name, you’ll need to check that your DBA name is available and compliant with South Dakota’s requirements.
Unlike your LLC’s official name, your DBA name should not have any business entity suffix, including “Limited Liability Company,” “LLC,” or “L.L.C.” The DBA name should also not include any words relating to financial institutions, such as “bank,” “trust company,” “credit union,” or other similar words or phrases.
Once you’ve found an acceptable DBA name, register it on the South Dakota Secretary of State’s website. You will need your business’s Secretary of State ID and the name and address of the business’s owner. You will be required to pay a filing fee to register and another filing fee annually to renew your DBA.
To simplify the process and save you from completing all of the paperwork, we have a South Dakota DBA service you can take advantage of.
You’ll also want to visit the United States Patent and Trademark Office website to see whether your LLC name or logo is federally trademarked. Trademarks can also happen at the state level. To find out if your desired LLC name is already trademarked, go to the South Dakota Secretary of State website.
When you’re coming up with a business name, it’s wise to consider whether you can secure a matching domain name so that your future website can be easily found online. We have a tool to help you do a preliminary domain name search. Our domain name registration service can help you secure the online name that will best serve your company.
South Dakota requires every LLC to have a registered agent who is acting as the point of contact for all legal matters. This individual’s contact information must be provided when filing the South Dakota LLC Articles of Organization. All necessary legal notices, as well as correspondence from the Secretary of State, will be delivered to your registered agent.
As the owner, you can act as your South Dakota registered agent. While serving as your own registered agent might seem like a straightforward solution, it’s actually not always the best idea. The registered agent needs to provide a physical address, not just a P.O. box. If you use your business address, you risk having sensitive paperwork like lawsuits delivered in front of clients.
Instead, you may benefit from using our registered agent service in South Dakota. This way, you can rest easy knowing that your privacy is protected through our third Party partner, and you have a reliable point of contact for essential documents.
Next you need to file Articles of Organization and register your LLC with the South Dakota Secretary of State. Filing official government documents like this can be intimidating for many people, which is why we’re here. With our business formation plans, we handle the filing for you to make sure it’s done correctly the first time. But, although we can handle this for you, we’ll show you how the process works below.
You’ll need to complete your Articles of Organization and file them with the South Dakota Secretary of State. To accurately fill out this form, you’ll need the following:
This is the address of your place of business. If you have a store or office, it would be that location. If you work from home, it would be your home address.
Make sure that the person or entity you list as the registered agent is consistently available during standard business hours. Include your commercial registered agent’s CRA number on the form if applicable.
This refers to you. If other members (owners) of the LLC are joining you in creating your company, their names should be listed here. If there are more than four, list them on separate pages and attach them. You will have the opportunity to upload or add attachments as you come near the form’s end. Every organizer listed will need to sign at the end of the document.
This section asks if your LLC will be managed by its members or if the members will appoint a manager or managers to run the company. If you check the box for manager-managed, you’ll need to list the names and addresses of the manager(s).
You can choose to have your business officially start when the Articles of Organization is filed by leaving “Yes” selected. If you would prefer the business to begin on another date, you may specify that date.
You will have the opportunity to select whether you wish to receive email notifications from the Secretary of State’s office about events, due dates, and any other items pertaining to your business.
You will be asked whether any LLC member is to be held liable for any debts or liabilities the LLC may incur. You likely do not want this. One of the benefits of an LLC is the added protection it gives members.
Ready to file your Articles of Organization? Follow our step-by-step guide on how to file your South Dakota Articles of Organization.
You can fill out the document on paper and mail it or use the online portal to submit your paperwork. If you choose to file your South Dakota LLC Articles of Organization by mail, it is slightly more expensive. Submissions require a nonrefundable fee to file online. Although, mail submissions also require a similar non-refundable fee.
Send your documents by mail to:
Secretary of State Office
500 East Capitol Ave.
Pierre, SD 57501
If you have us handle filing your South Dakota LLC Articles of Organization, once the state approves your LLC, your paperwork will be available from your ZenBusiness dashboard, where you can keep it and other important paperwork digitally organized.
Once you get your physical paperwork back from the state approving your new LLC, you’ll want to keep it in a safe location along with your other important documents, such as your operating agreement, member certificates, contracts, compliance checklists, transfer ledger, etc. We offer a customized business kit to help you keep your LLC’s formation documents organized and looking professional.
Although South Dakota doesn’t require LLCs to have an operating agreement, it’s in your and your company’s best interest to adopt this internal document. A well-drafted operating agreement can do wonders for your business and set your LLC up for success.
The following are benefits of drafting a South Dakota operating agreement for your LLC:
Because the state of South Dakota doesn’t require an LLC operating agreement, there is no form to fill out and file with the South Dakota Secretary of State. We offer a customizable template if you’re unsure as to how to begin creating an operating agreement for your LLC.
An Employer Identification Number (EIN) allows the IRS to identify your LLC on financial paperwork, like your annual tax filing. Your nine-digit Employer Identification Number is unique, and no other LLC will share it.
If you are the only member in your LLC and don’t have any employees, you may not be required to have an EIN. You may still want one, though. You will need it if you hire employees down the line, for example — or if you want to open a business bank account.
Get your South Dakota LLC’s EIN through the Internal Revenue Service (IRS) website, by mail, or by fax, but if you’re not fond of dealing with that particular government agency, we can get it for you. Our EIN service is quick and eliminates the hassle.
Once you’ve secured an EIN, you’ll be able to open a business bank account. Having separate accounts for your business and your personal banking is critical for sorting out your finances at tax time and helps you avoid commingling funds. Commingling funds can not only make your taxes more difficult, but it could also be used against you if someone takes you to court to challenge whether you and your LLC are truly separate entities.
We offer a discounted bank account for your new business. This allows for unlimited transactions, online banking, a debit card, and more. When you want to authorize others in your business to use the account, we offer a banking resolution template to simplify the process.
For further help managing your new business’s finances, try the ZenBusiness Money App. It can help you create invoices, receive payments, transfer money, and manage clients all in one place.
The state fees for forming a South Dakota LLC range from $150 to $190, depending on factors such as your method of filing, whether you choose to reserve your business name, etc. Note that fees change over time, so you should check South Dakota’s Secretary of State website for the most recent fee schedule.
LLCs aren’t the only type of business you can form in South Dakota. However, many entrepreneurs opt for this business structure, thanks to the many benefits it offers compared to other entities. Unlike a corporation, for example, an LLC helps you avoid double taxation. It also offers customized ownership options and has simpler reporting requirements. Our guide to LLCs offers greater clarity on LLC benefits.
Forming a South Dakota LLC will further allow you to benefit from the following advantages:
With these state-specific benefits on top of the overall advantages an LLC offers, starting your business in South Dakota is undoubtedly a wise move.
Your Articles of Organization will be processed with the South Dakota Secretary of State immediately after payment is received if you file online. Filing South Dakota LLC Articles of Organization by mail takes a bit longer — between one to two business days.
South Dakota has options for expediting your filing for an additional fee. If you’re in a hurry to form your LLC and don’t want to jump through the hoops of the state’s expedited filing processes, we can handle it for you with our faster filing speeds service.
No one likes to talk about the cut that Uncle Sam will take from their business, but forming an LLC in South Dakota means becoming acquainted with what you will have to deal with on the federal and state levels. An accountant specializing in business taxes is highly recommended here, but let’s break down the basics of your LLC tax expectations below.
Federal LLC taxes:
South Dakota LLC taxes:
If you want to determine your bookkeeping, accounting, and tax needs, check out our small business tax guide.
No. The operating agreement is kept internally by the member(s). While some states legally require LLCs to have an operating agreement, South Dakota is not one.
Your South Dakota LLC can be taxed as a partnership, corporation, or sole proprietorship. Each tax classification has its own requirements in terms of reporting and responsibilities.
The default option allowing your LLC to be taxed as a sole proprietorship (“disregarded entity”) or partnership is usually the most straightforward. The LLC itself will pay no federal income taxes; instead, the LLC owners will pay their share of the LLC income on their personal tax returns.
Although South Dakota doesn’t have many types of taxes (no personal income, corporate income, or business inventory), there is still sales tax to account for you if you sell products or services. The state sales tax is 4.5%. There are also city sales taxes to take into account, depending on your location.
A Series LLC is a unique structure of a limited liability company permitted in only a handful of states. Under this framework, multiple independent LLCs operate under a single parent entity. Each LLC has its own members, assets, obligations, and liabilities — and each one is protected from the liabilities of the others. South Dakota does not allow Series LLCs.
You’ll need to make sure your LLC has all the licenses and permits it’s required to have by law. Unfortunately, because licensing varies by industry and location and can occur on the federal, state, and local levels, there’s no central place to check to see if you have all the business licenses and permits you need. You’ll have to do some research.
If you don’t have the time or inclination to do all this research, or if you just want the peace of mind to know that you have all the business licenses and permits your LLC is legally required to have, our business license report service can do the work for you.
Every year, you’re required to file an annual report to keep your South Dakota LLC compliant and in good standing with the Secretary of State.
To keep things simple, your South Dakota annual report’s due date will be the same each year: the last day of the anniversary month following the year of your LLC formation. While the last day of your anniversary month is the deadline, you can submit your South Dakota annual report one month prior to the due date.
We can help you with your South Dakota annual report in a couple of ways. Our South Dakota annual report service will help you file your annual report, and our Worry Free Compliance service not only helps with filing your annual report, but also sends you other important compliance reminders and helps you with two amendment filings each year.
If for any reason you decide to dissolve your LLC, you can do so online or via mail by filling out your South Dakota Articles of Termination form. There’s a small filing fee.
For more information, visit our South Dakota business dissolution guide.