How to Amend Articles of Organization in South Dakota

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Amend South Dakota Articles of Organization

Amend Articles of Organization in South Dakota: 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. If you make any changes to the LLC, you must file Amended Articles of Organization. Any changes you make to the Articles of Organization must be properly documented and filed with the 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, I will share how to amend South Dakota Articles of Organization easily. I recommend you read the article till the end to learn everything about the process.

On this page, you’ll learn about the following:

What is Articles of Organization in South Dakota?
Why Amend Articles of Organization?
How to Amend South Dakota Articles of Organization
Important Information
- Cost to File South Dakota Amended Articles of Organization
- Penalties for Not Filing Amended Articles of Organization
FAQs

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 to the State SOS online or by mail. There are certain details that 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

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 anytime, for example, 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.

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 determine 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.

Important Information

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 LLC does not file an amendment for that, it will be considered a violation of state law. Hence, the LLC might face legal issues.

FAQs

What is an Article of Organization?

An Article of Organization is a legal document that formally creates an LLC in the state of South Dakota.

How do I amend the South Dakota Articles of Organization?

To amend the South Dakota Articles of Organization, you must file a Certificate of Amendment with the South Dakota Secretary of State.

What information do I need to provide to amend the South Dakota Articles of Organization?

You must provide the name of the LLC, the date of filing, and the amendment information.

How much does it cost to amend the South Dakota Articles of Organization?

The filing fee for a Certificate of Amendment is $50.

How long does it take to amend the South Dakota Articles of Organization?

The processing time for a Certificate of Amendment is approximately one to two business days.

What is the South Dakota Annual Report?

The South Dakota Annual Report is an annual filing requirement for all LLCs registered in South Dakota.

What information is included in the South Dakota Annual Report?

The South Dakota Annual Report includes information about the LLC’s name, address, registered agent, and members.

When is the South Dakota Annual Report due?

The South Dakota Annual Report is due by March 31st of each year.

How do I file the South Dakota Annual Report?

The South Dakota Annual Report must be filed online through the Secretary of State’s website.

Is it necessary to file an amendment when changing the address of the LLC?

Yes, you must file an amendment to change the address of the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when changing the name of the LLC?

Yes, you must file an amendment to change the name of the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when changing the registered agent of the LLC?

Yes, you must file an amendment to change the registered agent of the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when changing the members of the LLC?

Yes, you must file an amendment to change the members of the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when changing the purpose of the LLC?

Yes, you must file an amendment to change the purpose of the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when changing the management structure of the LLC?

Yes, you must file an amendment to change the management structure of the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when adding a new member to the LLC?

Yes, you must file an amendment to add a new member to the LLC in the South Dakota Articles of Organization.

Is it necessary to file an amendment when removing a member from the LLC?

Yes, you must file an amendment to remove a member from the LLC in the South Dakota Articles of Organization.

How long does it take for an amendment to the South Dakota Articles of Organization to take effect?

An amendment to the South Dakota Articles of Organization takes effect when it is filed with the Secretary of State.

What are the consequences of failing to file an amendment to the South Dakota Articles of Organization?

Failing to file an amendment to the South Dakota Articles of Organization may result in fines and penalties.

Does the South Dakota Secretary of State have a form for amending the South Dakota Articles of Organization?

Yes, the South Dakota Secretary of State has a form for amending the South Dakota Articles of Organization.

Does the South Dakota Secretary of State accept amendments to the South Dakota Articles of Organization via email?

No, the South Dakota Secretary of State does not accept amendments to the South Dakota Articles of Organization via email.

Is there a limit to the number of amendments that can be made to the South Dakota Articles of Organization?

No, there is no limit to the number of amendments that can be made to the South Dakota Articles of Organization.

Can I fax an amendment to the South Dakota Articles of Organization?

No, amendments to the South Dakota Articles of Organization must be filed online through the Secretary of State’s website.

What is the penalty for filing an incorrect amendment to the South Dakota Articles of Organization?

Filing an incorrect amendment to the South Dakota Articles of Organization may result in fines and penalties.

How can I check the status of an amendment to the South Dakota Articles of Organization?

You can check the status of an amendment to the South Dakota Articles of Organization online through the Secretary of State’s website.

Do I need to file an amendment for a change in ownership of the LLC?

Yes, you must file an amendment to change the ownership of the LLC in the South Dakota Articles of Organization.

Do I need to file an amendment for a change in the terms of the LLC?

Yes, you must file an amendment to change the terms of the LLC in the South Dakota Articles of Organization.

Do I need to file an amendment for a change in the financial structure of the LLC?

Yes, you must file an amendment to change the financial structure of the LLC in the South Dakota Articles of Organization.

What is the contact information for the South Dakota Secretary of State?

The contact information for the South Dakota Secretary of State is

What are the requirements for amending South Dakota Articles of Organization?

In order to amend South Dakota Articles of Organization, you must file an Amendment to Articles of Organization with the South Dakota Secretary of State. The amendment must include the new name of the LLC and the amendment to the Articles of Organization.

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

The cost to amend South Dakota Articles of Organization is $50.

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

Once filed, it typically takes up to 5 business days for the amendment to be processed by the South Dakota Secretary of State.

What information do I need to provide when amending South Dakota Articles of Organization?

When filing an amendment to South Dakota Articles of Organization, you must provide the name of the LLC, the amendment to the Articles of Organization, and the signature of the registered agent.

Are there any additional requirements when amending South Dakota Articles of Organization?

Yes, depending on the amendment being made, additional documents may be required such as a certified copy of the LLC’s operating agreement or bylaws.

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 Amended 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.