South Dakota LLC Formation
Created by FindLaw's team of legal writers and editors | Last updated May 07, 2019
If you're launching a business or hoping to expand an existing venture, you might be interested in starting a limited liability company (LLC). However, before you can take advantage of the personal liability protection and flow-through taxation that a limited liability company provides, you must complete the necessary tasks to create your LLC. Read on to learn about South Dakota LLC formation and how you can get your business off the ground in the Mount Rushmore State.
Forms for South Dakota LLC Formation
After you have completed the formation documents and filed them with the proper agency, you'll be well on your way to forming your South Dakota LLC. Using FindLaw's South Dakota LLC Formation Package can make the process go smoothly.
South Dakota LLC Formation at a Glance
Every jurisdiction has similar requirements, but LLC formation law is state specific. The chart below provides you with important takeaways for South Dakota LLC formation.
Statutes |
South Dakota Codified Law 47-34A Uniform Limited Liability Company Act:
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Name the LLC |
The name must include the words "Limited Liability Company" or "Limited Company" or the approved abbreviations including: "LLC" or "L.L.C" or "LC" or "L.C." The name must be different from businesses that are already registered with the state. Check with the Business Name Database for name availability. You can register a name for 120 days by paying a fee and filing an application with the South Dakota Secretary of State by regular mail. |
Select a Registered Agent |
Every South Dakota LLC must have an agent for service of process purposes if the company is sued. Requirements for the resident agent:
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File Articles of Organization |
The LLC is formed when the Articles of Organization is filed with the Secretary of State. You must file (via postal mail) and pay the filing fee. The Articles must include the following information:
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Create an Operating Agreement |
Although South Dakota doesn't require it, it's a good idea to create an operating agreement. |
Comply with Tax Requirements |
If your LLC has more than one member, then you must apply for an employer identification number (EIN). If the LLC sells goods and collects sales tax, you must register with the South Dakota Department of Revenue (DOR). |
Determine Necessary Business Licenses |
You may have to obtain local and state business licenses, depending on the type of business and the location. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
South Dakota LLC Formation: Related Resources
Learn About South Dakota LLC Formation from an Attorney
After acquiring the necessary paperwork, forming a South Dakota LLC is relatively straight forward. But if you need help writing an operating agreement or have any other questions, legal help is available. Discuss South Dakota LLC formation with an experienced business organizations attorney who understands the law and can provide you with critical insight for your business.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.