South Dakota

LLC, Business License, Incorporation

With the fifth smallest population in the United States, South Dakota still services both large and small businesses. South Dakota's major industries include retail, finance, and health care. Regardless of your industry, we can help you take advantage of South Dakota's business services.

Forming a corporation in South Dakota

Each state has its own set of rules for businesses seeking to form a corporation there. If you've decided to incorporate in South Dakota, The Company Corporation will take care of all the details. We'll research the availability of your company name and help you prepare and file your Articles of Incorporation with the South Dakota Secretary of State. We can also assist with many of your follow-up needs such as amendment filings, written consents, and annual report preparation and filing.

Here are some helpful facts about South Dakota's incorporation requirements:

Corporate Name Requirements

South Dakota requires corporations to have names that can't be confused with any business entities registered or reserved with the Secretary of State. When you incorporate with The Company Corporation's help, we'll research your company name to make sure it meets South Dakota's standards.

Permitted designations: South Dakota corporate names may be followed by several approved designations, including:

  • Co.
  • Company
  • Corp.
  • Corporation
  • Inc.
  • Incorporated
  • Limited
  • Ltd.

Restricted designations: The use of certain words and phrases in corporate names is considered "restricted" in South Dakota, meaning they require special approval by the state. These include:

  • Bank
  • Insurance

Filing Requirements

Remember, when you work with The Company Corporation, we'll take care of your incorporation filing for you. This information is presented only for your reference.

Required documents: The state of South Dakota requires businesses to file Articles of Incorporation with the Secretary of State.

Turnaround time: In general, turnaround time for incorporating a business in South Dakota is 5-7 business days. Expedited filings, which require an additional fee, typically take 2-3 business days.

Follow-up filings: Not required.

Officers/Directors Information

Minimum number: Corporations are required to have one or more directors.

Director qualifications: Directors must be at least 18 years old. There are no statutory residence or shareholder requirements.

Appearance in articles: Required. Directors' names and addresses must appear in the Articles of Incorporation.

Written consent: Permitted. Shareholders may act in writing in lieu of holding a meeting.

Annual Reports

Time to file: Corporations must file annual reports with the South Dakota Secretary of State during the month that marks the anniversary of incorporation.

Turnaround time: Turnaround time at the state is between 2 and 4 business days. Expedited and E-filing are available.

Signatures: Only company officers are authorized to sign annual reports. Emailed or faxed signatures are not accepted.

Filing extensions: Not permitted.

Ready to Incorporate in South Dakota? Get Started

Forming an LLC in South Dakota

Each state has its own set of requirements for businesses that plan on forming a Limited Liability Company (LLC) there. If you decide to form an LLC in South Dakota, The Company Corporation will take care of all the details. We'll research the availability of your company name and help you prepare and file your Articles of Organization with the South Dakota Secretary of State. We can also take care of many of your company's follow-up needs, including annual report preparation and filing.

Here are some helpful facts about South Dakota's LLC requirements:

LLC Name Requirements:

South Dakota requires Limited Liability Companies to have names that can't be confused with any other reserved or registered business name. When you form your LLC with The Company Corporation's help, we'll research your company name to make sure it meets South Dakota's standards.

Permitted designations: South Dakota LLC names may be followed by several approved designations, including:

  • L.L.C.
  • Limited Liability Company

Restricted words: The use of certain words in LLC names is "restricted" in South Dakota, meaning special approval by the state is required. These include:

  • Bank
  • Insurance

Filing Requirements

Required documents: Companies that wish to form an LLC in South Dakota must file Articles of Organization. Remember, when you work with The Company Corporation, we'll take care of this filing for you.

Turnaround time: In general, turnaround time for forming an LLC in South Dakota is 5-7 business days. Expedited filings, which require an additional fee, typically take 2-3 business days.

Follow-up filing: Not required.

Managers/Members Information

Minimum number: LLCs are required to have one or more managers/members.

Principal Office Location

South Dakota requires an LLC's principal office to be located inside the state.

Annual Reports

Time to file: LLCs must file their annual report with the South Dakota Secretary of State during the month that marks the anniversary of organization.

Turnaround time: Turnaround time at the state is 2-4 business days.

Signatures: Only a manager or member may sign reports. Emailed or faxed signatures are not accepted.

Filing extensions: Not permitted.

Ready to Incorporate in South Dakota? Get Started

Get South Dakota Business Licenses

Before your business can legally begin to operate, you must satisfy its license, permit, and tax registration requirements. Almost all state, county, and local governments require businesses to obtain one or more licenses and permits. Additionally, selling taxable goods and services or hiring employees requires that you register with tax authorities. All business license, permit, and tax registration requirements vary by your industry and location.

Examples of possible licenses required in South Dakota:

  • Irrigation Contractors License
  • Trucking License
  • Public Utilities License

Too busy to research your licensing requirements? We can help.

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$99

plus state fees

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Or call 1-800-818-6082.