South Dakota Foreign LLC – Qualification and Registration


Steve Goldstein
Steve Goldstein
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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.

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:

  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.

South Dakota is known for its business-friendly environment, and the process of registering a foreign LLC in the state is relatively straightforward. However, there are costs associated with this process that you need to be aware of before making any decisions.

First and foremost, you will need to pay a filing fee to register your foreign LLC in South Dakota. This fee covers the cost of processing your application and formally recognizing your business entity in the state. The exact amount of the filing fee varies depending on the type of registration you are applying for and can range from a modest amount to a more substantial sum.

In addition to the filing fee, there may be other costs associated with registering a foreign LLC in South Dakota. For example, you may need to pay a fee for obtaining a Certificate of Good Standing from your home state, which is required as part of the registration process. You may also incur costs for hiring a registered agent in South Dakota, as this is a mandatory requirement for foreign businesses operating in the state.

It’s essential to budget for these costs when considering expanding your business into South Dakota. By understanding the full scope of expenses associated with registering a foreign LLC in the state, you can ensure that you are adequately prepared financially for the process. This will help you avoid any surprises or setbacks along the way and allow you to focus on successfully establishing your business presence in South Dakota.

While the costs of registering a foreign LLC in South Dakota may seem daunting at first, it’s important to remember that these expenses are an investment in the future success of your business. By complying with all legal requirements and formalizing your business entity in the state, you can enjoy the many benefits of operating in South Dakota, such as a favorable tax environment and access to a skilled workforce.

Overall, it’s crucial to carefully consider and budget for the costs associated with registering a foreign LLC in South Dakota. By doing so, you can ensure that you start your business expansion on the right foot and set yourself up for long-term success in the state. With proper planning and financial preparation, you can navigate the registration process smoothly and establish a strong business presence 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.

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