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Pick online if you can. The South Dakota Secretary of State sets the online LLC filing at $150 and processes it immediately. The same Articles of Organization on paper cost $165, because the schedule adds a $15 paper processing fee to anything that could have been filed online. Our South Dakota business search guide covers lookups and the registered agent rules.
What does a South Dakota LLC cost in the first year?
The fee schedule gives the main numbers:
| Item | Online | Paper |
|---|---|---|
| Articles of Organization | $150 | $165 |
| Annual report | $55 | $70 |
Two optional charges sit outside the table. A reservation of name is $25, and expedited service is $50.
The first annual report is due on the first day of your anniversary month, one year after you file. So the filing year costs $150 online, and the $55 report follows at the anniversary.
Which name will be accepted?
A South Dakota LLC name has to end with Limited Liability Company, Limited Company, L.L.C., LLC, L.C. or LC. Under SDCL 47-34A-105 it must be distinguishable upon the state's records. The Secretary of State adds that names which sound the same are not distinguishable. Its Business Name Availability Search is a preliminary check only.
The word "trust" is regulated. Any name containing it needs approval from the Division of Banking, and the filing has to go in on paper.
Who can be the agent?
A South Dakota resident with both a physical and a mailing address in the state. The officeholder option does not apply to LLCs. Read the section in our South Dakota guide for the three kinds of agent.
How do I file?
- Search the name.
- Choose the registered agent and gather the organizers' names. The state files organizers, not owners.
- File the Articles of Organization through the Secretary of State's online portal with a card payment.
- Download the color PDF certificate of organization straight away. Online filers do not get one in the mail, and the download disappears when you leave the page.
For paper, use the paper forms on the Secretary of State's site, expect one to three business days, and budget the extra $15. Choose expedited service ($50) when you need it sooner.
What do I do after it is filed?
Make an operating agreement. The state says LLC operating agreements are internal company documents and are not filed with its office, so it cannot give you a copy of one. Then get an EIN with our EIN guide.
A DBA is separate. It costs $10 per name, and it never creates an LLC.
What does a South Dakota LLC file every year?
The annual report, due every year on the first day of the anniversary month of the original filing. Online it costs $55. You can file from two months before the due date. Two months after the due date, the entity is delinquent and a $55 late fee applies.
Do not let it slide. A delinquent entity can be administratively dissolved. The reasons the state gives are a missed report, no valid agent, or an unpaid fee after a rejected payment. Reinstating a domestic LLC costs $150 plus the missed reports and fees, and a for-profit entity also needs a Tax Clearance Certificate from the Department of Revenue first. Compare other states on our annual report deadlines page.
Can out-of-state owners use South Dakota?
Yes, but you need a South Dakota agent. See LLCs for non-residents, and compare North Dakota, Minnesota and Iowa.
Ready? Use our start an LLC form.