South Dakota Foreign LLC – Qualification and Registration


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

All Posts by Steve Goldstein →
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
LLCBuddy™ offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
south_dakota_state_seal

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.

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:

LLC Service

Our Rating & Pricing

Top Features

Learn More

#1 TOP PICK

$0 + State Fees

  • 100% accuracy guarantee

  • Worry-free service

  • Great customer support

$0 + State Fees

  • Free LLC Formation

  • Affordable Add-on services

  • Other business solutions

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. Also, read about what’s the major difference between South Dakota’s foreign and domestic LLCs.

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:

  1. 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’.south-dakota-foreign-llc

  2. 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.

  3. 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.

  4. 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.

  5. 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

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. 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

What is a foreign LLC in South Dakota?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in South Dakota.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

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.

The cost of registering a foreign LLC in South Dakota can vary depending on several factors, such as the type of business entity, the services required, and any additional fees imposed by the state. While it may be tempting to search for the cheapest option available, it is crucial for business owners to consider the quality of service and level of expertise provided by the registered agent before making a decision.

Many aspiring entrepreneurs may find themselves enticed by companies offering low-cost LLC registration services, only to discover additional fees and hidden costs later on. It is essential to be cautious of such offers and to carefully review the pricing structure and services offered before committing to any company for LLC registration.

On the other hand, some business owners may opt for legal assistance to register their foreign LLC in South Dakota, considering it a wise investment to ensure compliance with state laws and regulations. While this option may come at a higher cost, the expertise and guidance provided by legal professionals can help business owners avoid potential legal pitfalls and complications in the future.

When considering the cost of registering a foreign LLC in South Dakota, it is important to weigh the benefits and disadvantages of each option available. While some may prioritize lower costs, others may value the expertise and guidance provided by legal professionals. Ultimately, the decision to register a foreign LLC in South Dakota should be based on the unique needs and preferences of each individual business owner.

In conclusion, the cost of registering a foreign LLC in South Dakota can vary depending on various factors, and it is essential for business owners to carefully review their options before making a decision. By considering the quality of service, expertise of registered agents, and potential legal implications, business owners can make an informed choice that best suits their specific needs and budget. Choosing the right method for LLC registration is a critical step in starting a successful business in 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.

Leave a Comment