South Dakota LLC Requirements

Each state has different requirements for forming a limited liability company (LLC). Whether you are starting a business or incorporating a business already in existence, you'll want to understand the state requirements for LLC formation.

Cost to form a South Dakota LLC

At BizFilings, we clearly outline our fees and the South Dakota state fees. When you view our pricing to form an LLC you plainly see:

• BizFilings’ package prices. BizFilings offers three incorporation service packages from which you can choose.
• State fee for standard turn-around. Our pricing clearly shows the state fee to incorporate in South Dakota with standard turn-around.
• Expedited turn-around. You will see the BizFilings and state fee, if any, for expedited turn-around.
• Certified copy. Our pricing also clearly displays the BizFilings and state fee, if any, for issuing a Certified Copy of the Articles of Organization.

LLC Name

The LLC name must end with "Limited Liability Company," "LLC" or "L.L.C." It may not be the same as or descriptively similar to the name of any domestic or foreign LLC unless consent is obtained. The name must not imply it is organized for any purpose other than that stated in the Articles of Organization.

Member/Manager information

The following are South Dakota’s requirements for the members/managers of LLCs:

• Minimum number. LLCs must have one or more members/managers.
• Residence requirements. South Dakota does not have a provision specifying where members/managers must reside.
• Age requirements. South Dakota does not have age requirements.
• Inclusion in the Articles of Organization. If the LLC is managed by members, member names and addresses are not required to be listed in the Articles of Organization. If the LLC is managed by managers, the names and addresses of the managers are required to be listed.

Requirements for the Articles of Organization

The document required to form an LLC in South Dakota is called the Articles of Organization. The information required in the formation document varies by state. South Dakota's requirements include:

• Registered agent. LLCs must list the name and address of a registered agent with a physical address (no post office boxes) in South Dakota. The registered agent must be available during normal business hours to accept important legal and tax documents for the business.

Professional services businesses

South Dakota does not allow professionals, such as accountants, attorneys and physicians, to form a professional limited liability company (PLLC) ; however, professionals may incorporate as an LLC.

After forming a limited liability company (LLC) , you must undertake certain steps on an ongoing basis to keep your business in compliance. These steps are also important in preserving the limited liability an LLC provides its owner(s). This guide outlines the ongoing requirements for South Dakota LLCs.

LLC taxes and fees

The following are taxation requirements and ongoing fees for South Dakota LLCs:

• Annual report. South Dakota requires LLCs to file an annual report before the first day of the second month following the anniversary month. The filing fee is $50.
• Taxes. For complete details on state taxes for South Dakota LLCs, visit Business Owner's Toolkit or the State of South Dakota .
• Federal tax identification number (EIN). An EIN is required for LLCs that will have employees. Additionally, most banks require an EIN in order to open a business bank account.
• State tax identification number. South Dakota does not require a state tax identification number.

Business licenses

Business licenses and/or permits are required for most businesses. The BizFilings Business License Application Package can help you stay on top of these requirements.

Additional South Dakota information

View the following additional resources BizFilings has for forming and maintaining companies in South Dakota:

• South Dakota Corporation Formation