2026 Official Guide

How to Start an LLC in South Dakota

The complete guide to filing fees, Secretary of State forms, and requirements.

Filing Fee

$150

Processing Time

Immediate (Online)

Compliance

Annual Report

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Step 1: Choose Your Business Type

Select your industry to see a custom guide for South Dakota.

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1Name Your South Dakota LLC

The first listing requirement is ensuring your business name is unique. It must be distinguishable from other entities registered with the Secretary of State. You must also include a designator like "LLC" or "Limited Liability Company" to comply with state statutes.

2Assign a Registered Agent

Every South Dakota LLC must appoint a Registered Agent. This individual or business entity agrees to accept legal documents (Service of Process) on behalf of your company. They must have a physical street address in South Dakota (not a P.O. Box) and be available during regular business hours.

3File Articles of Organization

To officially create your entity, you must file the Articles of Organization with the state. The filing fee is $150. This fee is non-refundable. Most entrepreneurs choose to file online for faster approval, which typically takes Immediate (Online).

4Get Your EIN & Bank Account

Once your LLC is approved, apply for an EIN (Employer Identification Number) from the IRS. This nine-digit number is required to open a business bank account, hire employees, and file taxes. Keeping your business finances separate from personal accounts is critical for maintaining your liability protection.

Common Questions in South Dakota

How much does it cost to start an LLC in South Dakota?
The state filing fee for a South Dakota LLC is **$150**. This is a one-time payment to the Secretary of State. If you hire a professional service, you will pay this fee plus their service charge.
How long does it take to get an LLC in South Dakota?
Standard processing time for South Dakota is roughly **Immediate (Online)**. However, this varies by season. Expedited options are often available for an additional fee if you need it faster.
Does South Dakota require an Annual Report?
Yes, most South Dakota LLCs must file a **Annual Report**. It is typically due **Annually**. Failure to file this report can lead to your LLC being dissolved by the state.
What is the new BOI Report (FinCEN) requirement?
Effective 2024, the Corporate Transparency Act requires almost all new LLCs to file a Beneficial Ownership Information (BOI) report with the U.S. Department of Treasury (FinCEN). This must be filed within 90 days of formation. Failure to file carries civil penalties of up to $500 per day. This is a federal requirement separate from your state filings.
Can I be my own Registered Agent?
Yes, you can serve as your own Registered Agent in all 50 states. However, your address will be listed on the public state database, accessible to marketers. Additionally, you must be available at that address during normal business hours to accept legal mail (Service of Process). Many founders hire a service to protect their privacy.
View all South Dakota FAQs & Legal Data →