South Dakota
Articles of Organization
CONTENTS
Before legally establishing your South Dakota LLC, you must file the necessary documents with the state. This involves completing the articles of organization and submitting them to the South Dakota Secretary of State.
For detailed information on the South Dakota articles of organization, continue reading. We’ll guide you on obtaining the form, filing procedures, and more.
Where to Obtain the South Dakota Articles of Organization
The South Dakota articles of organization form is accessible on the South Dakota Secretary of State’s website. You can download and print it for manual completion. Alternatively, the form can be filed online.
To file by mail, send the completed form to:
Secretary of State Office
500 E Capitol Ave
Pierre, SD 57501
For online filing, utilize the South Dakota Secretary of State’s online portal.
Filing Fee for South Dakota Articles of Organization
The filing fee for the South Dakota articles of organization is $150 when filed online. If you choose to file by mail, the fee is $165, which includes an additional $15 paper filing fee.
Expedited services are available for an extra $50, ensuring processing sooner than the normal course of business upon request.
Accepted payment methods include:
- Credit card (for online filings)
- Check (for mail filings)
Completing the South Dakota Articles of Organization
- LLC name: Ensure the name complies with South Dakota naming requirements and is distinguishable from existing entities.
- Principal office address: The physical address of the LLC's main office.
- Registered agent information: Name and physical address of the registered agent in South Dakota.
- Management structure: Indicate whether the LLC is member-managed or manager-managed.
- Organizer information: Names and addresses of the organizers.
After completing the form, it must be signed by the organizer. If filing by mail, include a cover letter with your name, address, and contact information.
Does this sound like too much work for you? Then use our free business registration service. Just pay is the state fees, and you’ll get a free year’s worth of registered agent service.
Processing Time for South Dakota Articles of Organization
- Online filings: Typically processed immediately.
- Mail filings: Processed within three to five business days upon receipt.
South Dakota Articles of Organization FAQs
Want to learn more about South Dakota articles of organization? Then read our FAQs.
Can I reserve a name for my LLC before filing the articles of organization?
Yes, you can reserve a business name with the South Dakota Secretary of State before filing your articles of organization. The name reservation lasts for 120 days and requires a $25 fee.
Do I need to file annual reports for my South Dakota LLC?
Yes, all LLCs in South Dakota must file an annual report with the Secretary of State. The report is due by the first day of the LLC’s anniversary month each year and costs $50 if filed online or $65 by mail.
What happens if my LLC fails to file the annual report?
If you fail to file the annual report, your LLC will be administratively dissolved by the South Dakota Secretary of State. You can reinstate your LLC within one year by filing the necessary paperwork and paying a reinstatement fee.
Can I convert my South Dakota LLC to a different business structure?
Yes, you can convert your LLC into a corporation or another entity type by filing a conversion document with the South Dakota Secretary of State. The process may also involve tax and regulatory implications, so consulting a legal professional is advisable.
How can I dissolve my South Dakota LLC if I no longer need it?
To dissolve your LLC, you must file articles of termination with the South Dakota Secretary of State and ensure all state taxes and obligations are settled. There is a $10 filing fee for dissolution.
Step-by-Step Guide to
Forming a South Dakota LLC
1. South Dakota Name Search
Learn how to check the availability of your desired LLC name and ensure compliance with South Dakota naming rules.
2. South Dakota Registered Agent
Understand the role of a registered agent and how to choose one for your South Dakota.
4. South Dakota Operating Agreement
Discover why an Operating Agreement is crucial for defining the structure and management of your LLC.
5. South Dakota EIN Number
Learn how to obtain an Employer Identification Number (EIN) from the IRS for tax and banking purposes.
6. South Dakota Business License
Get information on the required business licenses and permits for operating legally in South Dakota.
