How to File an LLC Articles of Organization in South Dakota

Articles of Organization or a Certificate of Formation are the main documents used in establishing your LLC in South Dakota. The document is required to be filed with the Secretary of State in South Dakota. Each form has a long list of details to be shared by the limited liability company owner before sending or uploading the document.

On this page, LLCBuddy editors put all the information together about how to file the Articles of Organization in South Dakota. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in South Dakota to file the Articles of Organization while forming the LLC.

Articles of Organization in South Dakota

The Articles of Organization for an LLC are the most important document of all. In general, establishing an LLC is much simpler than other types of business structures, such as a corporation or partnership. Among a few mandatory documents to file, the Articles of Organization are one of the main papers.

By submitting the Articles of Organization, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with the South Dakota Secretary of State.

Each state has different requirements to fill out a form. The Articles of Organization usually include the following:

The name of the LLC in South Dakota,
The effective date of the LLC,
The company’s principal office,
The business purpose,
The duration of the business,
A copy of the LLC’s name registration certificate, and
The name and address of the Registered Agent, organizers, and
At least one member of the company

Note that the Articles of Organization in South Dakota are a legal requirement, not to mention the core of your LLC. It even makes up the bulk of your South Dakota LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File South Dakota LLC Articles of Organization

Filing an LLC Articles of Organization with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). State-wise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In South Dakota, the following methods are available.

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Step 1: Find Forms Online

Go to the South Dakota Secretary of State to download the Articles of Organization form for your LLC or to log into the online service.

Offline Filing: Articles of Organization PDF Form
Online Filing: Articles of Organization Online Form

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to the South Dakota LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Articles of Organization form when filing. You also need to mention the name and address of the Registered Agent in South Dakota. It is recommended to explore the best LLC services in South Dakota for hiring a professional registered agent and other formation-related services.

For the ones who are residing outside of South Dakota and want to set up a foreign LLC in South Dakota, you must file another type of document, similar yet different from the Articles of Organization. For filing a foreign LLC, you can explore the best LLC services that operate in 50 other states, along with South Dakota.

What information does the Articles of Organization application need in South Dakota?

The application form for the Articles of Organization needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501. For online filing, you must log in to the South Dakota Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or a Demand Draft (if available). Most states do not accept cash payments for security reasons. Check with the SOS before filing your document.

Cost of Filing South Dakota Articles of Organization

LLC cost in South Dakota includes all types of fees, starting from the name reservation fee, DBA filing fee ($10), Registered Agent costs, and Articles of Organization fee. In South Dakota, the filing fee for a formation document is $165 (by mail and $150 online). The standard fee for filing the Articles of Organization allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and it can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while forming an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring LegalZoom as it offers filing an LLC at $0 (plus state filing fee).

Amend South Dakota Articles of Organization: Amending the articles of organization is required when any changes are made. Change of a registered agent, change of a physical address, or any information related to your existing LLC must be filed. Hence, you need to amend the South Dakota Articles of Organization.

FAQs

What is the first step in forming an LLC in South Dakota?

The first step is to file Articles of Organization with the South Dakota Secretary of State.

How much does it cost to file Articles of Organization in South Dakota?

Filing Articles of Organization in South Dakota costs $150.

Can I file Articles of Organization online in South Dakota?

Yes, you can file online through the South Dakota Secretary of State’s website.

Are there any specific requirements for the name of an LLC in South Dakota?

The name must include “Limited Liability Company” or the abbreviations “LLC” or “L.L.C.”

How long does it take to process Articles of Organization in South Dakota?

It typically takes 2-3 business days for processing.

Do I need a registered agent for my South Dakota LLC?

Yes, you are required to have a registered agent with a physical address in South Dakota.

Can I be my own registered agent for my South Dakota LLC?

Yes, you can be your own registered agent if you have a physical address in South Dakota.

Are there any publication requirements for forming an LLC in South Dakota?

No, there are no publication requirements for South Dakota LLCs.

Do I need an Operating Agreement for my South Dakota LLC?

While not required, it is highly recommended to have an Operating Agreement in place.

Can I amend the Articles of Organization for my South Dakota LLC?

Yes, you can file an amendment with the South Dakota Secretary of State.

Do I have to file annual reports for my South Dakota LLC?

Yes, you must file an annual report with the South Dakota Secretary of State.

What information is required in the Articles of Organization for a South Dakota LLC?

The document must include the LLC’s name, address, registered agent, and organizer’s name.

Can I form a professional LLC (PLLC) in South Dakota?

Yes, professionals like doctors and lawyers can form PLLCs in South Dakota.

Can a non-US resident form an LLC in South Dakota?

Yes, non-US residents can form an LLC in South Dakota, but they need a registered agent.

Is there a publication requirement for LLCs in South Dakota?

No, South Dakota does not have a publication requirement for LLCs.

Can I change the name of my South Dakota LLC after filing the Articles of Organization?

Yes, you can change the name by filing an amendment with the South Dakota Secretary of State.

Do I have to publish my Articles of Organization in a newspaper in South Dakota?

No, there is no publication requirement for Articles of Organization in South Dakota.

Can a South Dakota LLC operate in other states?

Yes, with the proper registration, a South Dakota LLC can operate in other states.

How do I dissolve a South Dakota LLC?

You can voluntarily dissolve your South Dakota LLC by filing a Certificate of Dissolution.

Can I form an LLC without an EIN in South Dakota?

While not required, it is recommended to obtain an EIN for tax purposes.

Can a corporation be a member of a South Dakota LLC?

Yes, a corporation can be a member of a South Dakota LLC.

Can I form an LLC with just one member in South Dakota?

Yes, South Dakota allows for single-member LLCs.

Do I need an operating agreement for my South Dakota LLC?

While not required by law, it’s a good idea to have one for LLC structure.

Can I file the Articles of Organization by mail in South Dakota?

No, all LLC filings must be done online with the South Dakota Secretary of State.

Can I reserve a name for my South Dakota LLC before filing the Articles of Organization?

Yes, you can reserve a name for 120 days by filing a Name Reservation Form.

Do I need a physical address in South Dakota for my LLC?

You are required to have a physical address in South Dakota for a registered agent.

Can I convert my existing business into an LLC in South Dakota?

Yes, you can convert a business structure to an LLC by filing the necessary paperwork.

Can I change the registered agent for my South Dakota LLC?

Yes, you can change registered agents by filing a Statement of Change form.

Do I need to file initial reports after forming an LLC in South Dakota?

No, South Dakota does not require LLCs to file initial reports after forming.

What is an LLC Articles of Organization in South Dakota?

An LLC Articles of Organization in South Dakota is a legal document that officially creates a limited liability company in the state.

In Conclusion

The formation document or the Articles of Organization is the main document you need while forming your limited liability company in South Dakota. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In South Dakota, filing the Articles of Organization is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend LegalZoom, as it not only offers free LLC formation service ($0), but also, offers other services such as Registered Agent, operating agreement, EIN, Certificate of Good Standing for foreign LLC establishment, business name search, and many more.