How to Amend Articles of Organization in South Dakota


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.

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Amend South Dakota Articles of Organization

Amend Articles of Organization in South Dakota: Amending your Articles of Organization in South Dakota is required when you make any changes to the organization. Changes such as name, physical address of the business, address or/and name of the Registered Agent, or any other changes must be filed with the South Dakota SOS.

When you start an LLC in South Dakota, you must file the Articles of Organization. This document records all the details of your LLC, such as name, address, name and address of the Registered Agent, and other business-related information. Under any situation, if you make any changes to the LLC, you must file Amended Articles of Organization.

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, we will share how to amend South Dakota Articles of Organization easily.

What are 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-

  • Name of your South Dakota LLC
  • 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

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 changes are common and often take place in South Dakota LLC. If you think your LLC needs such changes and you are determined to make those changes, then you must proceed to the next step.

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

The final step is to file the Amended Articles of Organization. One has to submit the Amended Articles of Organization (PDF) online or by mail to the South Dakota
Secretary of State. If there is a name change, the business name change form should be attached to the Amendment form.

  • Filing: To file it by mail or online, the Articles of Amendment form must be submitted to the Amended Articles of Organization or uploaded to the South Dakota SOS website.

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 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 Amend Articles of Organization in South Dakota

The cost of filing the Amendment Certificate in South Dakota is $60. For other types of filing costs, please visit the official website of South Dakota Secretary of State.

Penalties for Not Filing South Dakota 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 for that, it will be considered a violation of state law. Hence, the LLC might face legal issues.

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Conclusion

In conclusion, amending South Dakota Articles of Organization is a simple process that requires a few steps to report any changes made to an LLC. Filing the Amendment to Articles of Organization is crucial, and failure to do so can lead to legal issues and non-compliance with state laws. 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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