"How do I file an LLC in South Dakota?"
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Forming a South Dakota LLC involves three core steps: pick a unique name and registered agent, file the Articles of Organization (online $150 or paper $165), then secure an EIN and meet annual reporting requirements.
Quick Facts
- Choose a distinguishable LLC name and appoint a physical‑address registered agent in South Dakota.
- File the Articles of Organization online or by mail, paying the $150 (online) or $165 (paper) fee.
- Obtain an EIN, draft an operating agreement, and file yearly reports ($50) to keep the LLC active.
AI Consensus
Models Agreed
- Name selection must be unique and include an LLC designator1.
- A registered agent with a South Dakota address is mandatory2.
- Filing the Articles of Organization costs $150 online or $165 by mail, and can be done through the Secretary of State portal12.
- After filing, you must obtain an EIN, optionally draft an operating agreement, and file an annual report each year59.
Points of Debate
- No substantive disagreements were found; all models presented consistent steps and fees.
How to File an LLC in South Dakota
1. Choose a Business Name & Registered Agent
- Name requirements: Must be unique in the state and include “LLC,” “L.L.C.,” “Limited Liability Company,” or “Limited Company”1.
- Registered agent: Must have a physical address in South Dakota and be authorized to receive legal documents on your behalf26. Commercial agents are widely used.
2. Prepare & File the Articles of Organization
| Option | How to File | Fee | Details |
|---|---|---|---|
| Online | Through the SD Secretary of State portal | $150 | Credit‑card payments accepted (Visa, MasterCard, Discover, AmEx)2. |
| Paper (mail) | Mail the completed form to the Secretary of State | $165 (includes $15 paper‑filing surcharge)1. | Check or money order accepted. |
- The form asks for the LLC name, registered agent info, organizer’s name, and an optional purpose clause.
- If you want a Series LLC, check the “Series” box on the form and follow the specific series‑LLC instructions3.
3. Post‑Filing Requirements
- Certificate of Organization – Issued once the filing is approved.
- Employer Identification Number (EIN) – Obtain free from the IRS online5.
- Operating Agreement – Not required by the state but strongly recommended to outline ownership and management.
- Annual Report – File each year on the anniversary of formation, paying a $50 fee; failure to file can lead to administrative dissolution9.
Optional Resources
- Video walkthrough: Step‑by‑step guide on YouTube4.
- Written guides: Detailed articles from Wolters Kluwer5, LegalZoom7, and Wise10.
By completing these steps—selecting a compliant name, designating a registered agent, filing the Articles of Organization with the appropriate fee, and maintaining ongoing compliance—you’ll have a fully recognized South Dakota LLC.
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