How to Amend Articles of Organization in South Dakota (2025)


Steve Bennett
Steve Bennett
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Amend South Dakota Articles of Organization

Amendment of Articles of Organization is required when you make changes to your LLC. While forming an LLC in South Dakota, you must file the formation document. At some point in time, if you might need to update/change any of the information shared in the Articles of Organization, you must file the Amended Articles of Organization with South Dakota SOS.

To amend your South Dakota Articles of Organization, you will need to follow a specific process, which typically involves filling out a form, paying a fee, and submitting the amended articles to the South Dakota SOS. The process is not a lengthy one. In this article, LLCBuddy editors shared how to amend South Dakota Articles of Organization without any hassle. Note that the process explained here is a generic process. It is recommended to consult a professional or attorney beforehand.

What is Articles of Organization in South Dakota?

The Articles of Organization is a document that is required to form an LLC in South Dakota. The document must be submitted online or by mail to the South Dakota Secretary of State. Certain details need to be added while filing the South Dakota Articles of Organization. The following are the points to be added to the formation document at the time of LLC registration-

articles of organization
  • Name of your South Dakota LLC
  • The principal address of the LLC
  • Name and address of the South Dakota Registered Agent
  • Names of all the members and managers of the LLC
  • Summary of the LLC’s operation
  • Start date of the LLC
  • Purpose of the LLC
  • Signature of all the members and managers of the LLC

How to Amend South Dakota Articles of Organization

Changes such as name, physical address of the business, address or/and name of the South Dakota Registered Agent, or any other changes listed above must be amended with the SOS. It is easy to amend the Articles of Organization in South Dakota. There are three prominent steps to follow. The steps are as follows-

Step 1: Determine What Changes You Need in South Dakota LLC

The first step is to determine what changes you need to make or if you need any changes. For some business experts, it is good to make structural or some other changes to upgrade your LLC after a point of time. For example, managers can change, LLCs can be restructured or move to other places, cities, or states, and you can also change the registered agent.

These are common changes that often occur in limited liability companies. If you have to make those changes, you must proceed with drafting the Amended Articles of Organization with South Dakota Secretary of State.

Step 2: Draft the South Dakota Amended Articles of Organization

The next step is to draft the Amendment. To Amend the Articles of Organization, you need the following-

  • Name of the LLC
  • Purpose of the LLC
  • Entity filing number
  • Amendments
  • Members and Managers’ signature.
  • Along with these details, LLCs must submit more documents to the South Dakota SOS.

Step 3: File South Dakota Amended Articles of Organization

To file the Amended Articles of Organization in South Dakota, you need either an online or offline form. You can do that online in most states by signing in to the Secretary of State’s official portal. To file the amendment in South Dakota, you must fill up the form (online or offline) and send it back to the SOS (online or by mail).

For the online filing, the form must be submitted using the South Dakota Secretary of State‘s portal. For offline (by mail) filing, the PDF form must be sent to the Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501. The amendment filing fee of $10 must be paid at the time of form submission.

Why Amend Articles of Organization?

There are six reasons why you need to file the Amended Articles of Organization in South Dakota. Following are the six points to note-

Change of South Dakota LLC Name: If you change the name of the LLC, you must file it with the SOS. LLCs do not often change the names, but in some cases, if they change it, they immediately have to inform the South Dakota SOS through Amendment.

It is recommended to check if the name change is absolutely necessary. Because it can affect the whole business. In some cases, it is better to start a new LLC than change the name of an existing one.

Tip from LLCBuddy

Change of South Dakota LLC Address: Like the business name, if the principal address of the LLC is changed or the company is moved to another place, then South Dakota LLC has to file the amendment certificate.

Change of Registered Agent: A Registered Agent is the most important person in the LLC. However, when you change or remove the Registered Agent, you must file the amendment with the South Dakota SOS.

Change of South Dakota LLC Management: This is another important reason why one should file the Amendment Certificate. If the managerial structure changes in your LLC, it must be filed with the SOS. The new structure, manager, or change in ownership must be filed.

Change of the Purpose of South Dakota LLC: The purpose of the LLC is mentioned in the Articles of Organization when it is filed. If the purpose is changed at any time, for example, a non-profit in South Dakota changes to a for-profit organization, or vice-versa, it must be filed with the SOS.

Change of South Dakota Tax Structure: The South Dakota LLC classification of taxes is mentioned in the Articles of Organization at the time of registration of the LLC. Later, if the LLC wants to change the tax structure, it must file the amendment certificate with South Dakota SOS.

Cost to File South Dakota Amended Articles of Organization

The cost of filing the Amendment Certificate in South Dakota is $10. For other types of filing costs, please visit the official website of South Dakota Secretary of State.

Penalties for Not Filing Amended Articles of Organization

Failure to amend South Dakota Articles of Organization can lead to legal issues against the LLC. Not filing the amendment certificate means non-compliance with the LLC in South Dakota. Another consequence of not filing an amendment in South Dakota is facing legal issues by violating state laws. For example, if a member-managed LLC becomes a manager-managed one in the future and the LLC does not file an amendment, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

How do I amend the Articles of Organization in South Dakota?
To amend the Articles of Organization in South Dakota, you must submit the necessary form and filing fee to the Secretary of State.
What form do I need to use to amend my South Dakota Articles of Organization?
You will need to use Form SL
How much does it cost to file an amendment to the Articles of Organization in South Dakota?
The filing fee for amending the Articles of Organization in South Dakota is $10.
Can I file an amendment to my South Dakota Articles of Organization online?
Yes, you can file an amendment to your South Dakota Articles of Organization online through the Secretary of State’s website.
What information do I need to include in the amendment to my South Dakota Articles of Organization?
When amending your South Dakota Articles of Organization, you will need to include the name of your LLC, the changes you are making, and a signature of an authorized individual.
How long does it take to process an amendment to the Articles of Organization in South Dakota?
The processing time for an amendment to the Articles of Organization in South Dakota is typically 5-7 business days.
Can I expedite the processing of an amendment to my South Dakota Articles of Organization?
Yes, you can expedite the processing of an amendment to your South Dakota Articles of Organization for an additional fee.
Do I need to notify any other agencies after I file an amendment to my South Dakota Articles of Organization?
No, you do not need to notify any other agencies after filing an amendment to your South Dakota Articles of Organization.
Can I change the name of my LLC when amending the Articles of Organization in South Dakota?
Yes, you can change the name of your LLC when amending the Articles of Organization in South Dakota.
Do I need to provide a reason for amending my Articles of Organization in South Dakota?
No, you do not need to provide a reason for amending your Articles of Organization in South Dakota.
Can I add or remove members when amending my South Dakota Articles of Organization?
Yes, you can add or remove members when amending your South Dakota Articles of Organization.
How do I obtain a copy of my amended Articles of Organization in South Dakota?
You can request a copy of your amended Articles of Organization from the South Dakota Secretary of State’s office.
Can I cancel an amendment to my South Dakota Articles of Organization?
No, once an amendment to the Articles of Organization in South Dakota has been filed and processed, it cannot be canceled.
Are there any restrictions on what changes I can make when amending my South Dakota Articles of Organization?
As long as the changes comply with South Dakota state laws, you can make almost any changes when amending your Articles of Organization.
Do I need to hold a formal vote of the members to amend my South Dakota Articles of Organization?
Yes, you may need to hold a formal vote of the members to amend your South Dakota Articles of Organization, depending on the terms outlined in your operating agreement.
Will amending my South Dakota Articles of Organization affect my LLC’s EIN or tax status?
Amending your South Dakota Articles of Organization could potentially affect your LLC’s EIN or tax status, so it is recommended to consult with a tax professional or attorney.
Can I change the registered agent for my LLC when amending the Articles of Organization in South Dakota?
Yes, you can change the registered agent for your LLC when amending the Articles of Organization in South Dakota.
Can I add additional provisions or clauses to my Articles of Organization when amending in South Dakota?
Yes, you can add additional provisions or clauses to your Articles of Organization when amending them in South Dakota.
What happens if I fail to file an amendment to my South Dakota Articles of Organization?
Failing to file an amendment to your South Dakota Articles of Organization could result in penalties or your LLC not being in compliance with state laws.
Can I amend my South Dakota Articles of Organization to change the duration of my LLC?
Yes, you can amend your South Dakota Articles of Organization to change the duration of your LLC, from perpetual to specific end date.
Can I convert my LLC into a different business structure when amending my South Dakota Articles of Organization?
Yes, you can convert your LLC into a different business structure, such as a corporation or partnership, when amending your South Dakota Articles of Organization.
Can I change the principal office address of my LLC when amending the Articles of Organization in South Dakota?
Yes, you can change the principal office address of your LLC when amending the Articles of Organization in South Dakota.
Can I file multiple amendments to my South Dakota Articles of Organization at the same time?
Yes, you can file multiple amendments to your South Dakota Articles of Organization at the same time, as long as they are completed on the same form and filed together.
What is the deadline for filing an amendment to my South Dakota Articles of Organization?
There is no specific deadline for filing an amendment to your South Dakota Articles of Organization, but it is recommended to do so promptly after any changes are made.
Can I change the purpose of my LLC when amending the Articles of Organization in South Dakota?
Yes, you can change the purpose of your LLC when amending the Articles of Organization in South Dakota.
Can I appoint or remove managers when amending my South Dakota Articles of Organization?
Yes, you can appoint or remove managers when amending your South Dakota Articles of Organization.
Can I use an amendment to my South Dakota Articles of Organization to change the ownership distribution of my LLC?
Yes, you can use an amendment to your South Dakota Articles of Organization to change the ownership distribution of your LLC.
Do I need a lawyer to help me with amending my South Dakota Articles of Organization?
While it is not required, consulting with a lawyer who is familiar with South Dakota business laws can be beneficial when amending your Articles of Organization.
Can I file an amendment to my South Dakota Articles of Organization by mail?
Yes, you can file an amendment to your South Dakota Articles of Organization by mail by sending the necessary form and fee to the Secretary of State’s office.
How do I amend my South Dakota Articles of Organization?
To amend your South Dakota Articles of Organization, you must file articles of amendment with the South Dakota Secretary of State.

Also Read

Common Pitfalls to Avoid When Amending South Dakota LLC

When amending your South Dakota LLC’s operating documents, several pitfalls can create legal complications or administrative headaches if not carefully navigated. First, many LLC owners fail to obtain proper member approval before filing amendments. South Dakota law requires member consent according to the terms outlined in your operating agreement, and proceeding without documented approval can invalidate your changes and create internal disputes.

Another common mistake is submitting incomplete documentation to the Secretary of State. South Dakota requires precise amendment forms with all relevant information clearly stated. Incomplete submissions result in processing delays and potential rejection, setting back your business operations unnecessarily.

Many LLC owners overlook tax implications of certain amendments. Changes to ownership percentages, profit distributions, or management structure can trigger unexpected tax consequences at both the state and federal levels. Consulting with a tax professional before finalizing amendments can prevent costly surprises during tax season.

Failing to update all relevant documents consistently is another frequent error. When amending articles of organization, many owners forget to update their operating agreements accordingly. This inconsistency creates confusion about which terms govern the LLC and can lead to operational dysfunction or legal vulnerability.

Some owners neglect to notify required third parties after amendments. Changes to registered agents, principal addresses, or management structure often require notification to banks, vendors, licensing authorities, and other stakeholders. Failure to communicate these changes promptly can disrupt business relationships and create compliance issues.

Timing mishaps also plague amendment processes. South Dakota has specific deadlines for certain types of amendments, and missing these windows can result in penalties or invalid changes. Additionally, amendments made close to tax filing deadlines may complicate your reporting obligations.

Finally, many LLC owners make amendments without considering long-term implications. Hastily changed provisions may solve immediate problems but create unforeseen complications as your business evolves. Taking time to consider how amendments align with your business’s future direction can prevent the need for frequent changes, which may signal instability to partners and creditors.

By avoiding these common pitfalls, you can ensure your South Dakota LLC amendments strengthen rather than weaken your business foundation.

In Conclusion

While running a limited liability company in South Dakota, it might be possible to make changes. From the name of the business to the Registered Agent, the management of the LLC can be changed over time. Every time you make any changes, you must file the amendment. You must consider that changing LLC names should not occur more often unless it is totally required. The name is the first identity of your LLC; changing it frequently directly affects the company’s branding. Filing the Amended Articles of Organization is mandatory as well as crucial, and failure to do so can lead to legal issues and non-compliance with state laws.

This article shares all the important steps you need to follow to file the Amended Articles of Organization in South Dakota. While you follow the steps shared in this article, make sure to consult a professional or attorney. If you are looking for a professional LLC formation service at $0, we recommend ZenBusiness. By following the steps outlined in this article and submitting the necessary documents to the South Dakota Secretary of State, LLCs can successfully amend their Articles of Organization and maintain compliance with state regulations.

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