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If you already have an LLC in another state and want a South Dakota LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in South Dakota.
On this page, you’ll learn about the following:
Forming a South Dakota Foreign LLC
A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in South Dakota, you need to register it with the South Dakota Secretary of State.
Step 1: Choose South Dakota Foreign LLC Name
Obtain a name reservation certificate and submit it with your foreign qualification requirements at the South Dakota Secretary of State. Your LLC’s legal name outside of South Dakota will be listed on the application, along with the name it will use in South Dakota. Take note of the requirements for naming your LLC.
Check name availability at South Dakota’s business entity names and reserve your LLC name.
Step 2: Select South Dakota Foreign LLC Registered Agent
You’ll need a registered agent to form a foreign LLC in South Dakota and take note that a South Dakota registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:
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Step 3: File Registration of South Dakota Foreign LLC
Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.
Include the following:
- LLC’s full legal name.
- A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
- LLC’s principal office and mailing addresses.
- LLC formation state and date.
- Registered agent’s name and address in South Dakota.
- Date when your LLC will start operations in South Dakota.
- Credit card information on the last page of the form for the $150 application fee.
The LLC cost in South Dakota, even for foreign LLCs will differ between online filing and by mail.
Step 4: Determine How Your South Dakota Foreign LLC is taxed
Foreign LLCs are also subjected to the South Dakota Business Privilege Tax, and they must file LLC annual reports each year.
Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.
Steps to Filing South Dakota Foreign LLC Online
Time needed: 5 minutes
To establish your foreign LLC in the State of South Dakota, you must file the Certificate of Authority with the South Dakota Secretary of State. The cost of registration is $750 through online mode. Once approved, you will receive a Certified Copy of your business registration. We have explained the aspects you need to cover when you apply for a Certificate of Authority for your Foreign LLC in South Dakota.
Steps to Register your South Dakota Foreign LLC Online:
- Go to the website of the South Dakota Secretary of State
Access the official website of the South Dakota Secretary of State. The Division of Business Services offers a one-stop solution for different business-related online services for domestic and foreign LLCs. Select the first tab from the list, ‘Start/Register a New Business’.
- Select the criteria
On the following page, select ‘Foreign Limited Liability Company’ from the dropdown list. The online application form for South Dakota Foreign LLC appears on the screen.
- Start to fill up the application
Go through all the instructions carefully. Move ahead to fill in all the required information in the application. You must also upload the mandatory documents, if any, such as the Certificate of Existence issued by the State of Original jurisdiction.
- Review your application
Before you proceed to make the payment, review all the information entered by you to be correct and accurate to your knowledge.
- Make the payment
Once you complete the application, you can proceed to the payment gateway page and pay $750 as the online filing fee for your South Dakota Foreign Limited Liability Company Registration application. After successful completion of your application, you will receive a notification from the Secretary of State office acknowledging the receipt of your application. You can expect a reply from the State office within 3 to 5 business days.
Filing South Dakota Foreign LLC by Mail
If you wish to register your foreign business LLC with the Secretary of State office, you can do that easily through mail.
- Download the Application form PDF on your computer system.
- Read all the instructions carefully and start to fill in the application form.
- Make sure that all the correct information in the mandatory spaces.
- Review your application before proceeding for submission.
- Attach the Certificate of Existence issued by the State of Original jurisdiction.
- Issue a money order of check for $765 as the filing fee for your application payable to the ‘Secretary of State’.
- Arrange all the documents together and mail it to the following address, Secretary of State Office 500 E Capitol Ave Pierre, SD 57501.
After Forming South Dakota Foreign LLC
Here are added things you need to accomplish after forming your South Dakota Foreign LLC
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- Pay State Taxes like sales tax; you’ll need an EIN for your LLC.
It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in South Dakota.
F.A.Qs
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in South Dakota.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
A domestic LLC is a company registered in South Dakota as an LLC. The entity type that has a physical presence in another state is a foreign LLC.
How Much Does It Cost to Register a Foreign LLC in South Dakota
To register as a foreign LLC in South Dakota, you can file through mail by paying $765 or online by paying $750 to the South Dakota Secretary of State.
When it comes to expanding a business across state lines, many entrepreneurs consider establishing a foreign Limited Liability Company (LLC) in a new state like South Dakota. However, one of the initial questions that arises in this process is, “How much does it cost to register a foreign LLC in South Dakota?”
The cost of registering a foreign LLC in South Dakota can vary depending on several factors. First and foremost, the filing fee for registering a foreign LLC in South Dakota typically ranges from $750 to $2,000. This fee covers the paperwork processing involved in establishing your business as a legally recognized entity in the state. Additionally, there may be additional fees involved, such as name reservations, certified copies of filings, and expedited processing fees.
It is essential to note that registering a foreign LLC in South Dakota is not a one-time expense. Once your foreign LLC is established in the state, you will be required to file an annual report and pay an annual fee to maintain your business’s legality. The cost of filing an annual report and the required annual fee will depend on the specific requirements set forth by the South Dakota Secretary of State’s office.
In addition to the filing fees and annual maintenance costs, entrepreneurs must also consider the potential costs associated with hiring a registered agent in South Dakota. A registered agent is a person or entity designated to receive official correspondence on behalf of your business and ensure that important documents and notifications are promptly delivered to you. While some business owners choose to act as their registered agent, others opt to hire a professional registered agent service, which may incur additional fees.
Overall, the costs associated with registering a foreign LLC in South Dakota can quickly add up. As an entrepreneur, it is crucial to thoroughly research and understand all the fees and requirements involved in the foreign LLC registration process to avoid any unexpected financial burdens. It is advisable to consult with legal and financial professionals who can provide guidance on minimizing costs and ensuring compliance with all legal obligations.
Despite the expenses involved, establishing a foreign LLC in South Dakota can be a strategic move for businesses looking to expand their operations to the state. South Dakota boasts a business-friendly environment with a low tax burden, minimal regulations, and a skilled workforce. By carefully considering the costs and benefits of registering a foreign LLC in South Dakota, entrepreneurs can make informed decisions that align with their long-term business goals and objectives.
In conclusion, the cost of registering a foreign LLC in South Dakota should not be underestimated. While the fees and expenses involved may vary, it is essential for entrepreneurs to factor in all potential costs and obligations before embarking on this process. By conducting thorough research and seeking professional advice, business owners can navigate the registration process efficiently and effectively, ensuring compliance with all legal requirements and setting the stage for a successful expansion into the state of South Dakota.
In Conclusion
Starting a foreign LLC in South Dakota does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.