South Dakota · 7 steps · updated
How to start an LLC in South Dakota
South Dakota charges $153 to file an LLC. That fee is the same whoever files it, including you. Below are the seven steps in order, with the official South Dakota links, so you can do it yourself or have us file it.
With us: $123.75 + South Dakota's $153 = $285.33 due today, card processing fee included, operating agreement included.
- Agent: Registered Agents Inc
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The 7 steps to form a South Dakota LLC
- 1
Check that the name is available
The name must be distinguishable from every company already on the South Dakota register and include "LLC" or "Limited Liability Company". Search the official record at the South Dakota Secretary of State, or use our South Dakota name search guide.
- 2
Name a registered agent
Every South Dakota LLC must keep a registered agent with a South Dakota street address, available in business hours, to accept legal papers. You can be your own agent, but then your home address is on the public record. Ours, through our partner Registered Agents Inc, is $74.25 a year, the same every year. South Dakota registered agent rules.
- 3
File the formation document with the state
Most states call it the Articles of Organization; some use another name, such as a Certificate of Formation. It is filed with South Dakota's business filing office and the state fee is $153. Check the current form, filing options and any extra requirements on South Dakota's official site.
- 4
Sign an operating agreement
Most states do not file it, but it is the document that shows the LLC is run as a separate business: who owns what, who decides, what happens if someone leaves. Banks often ask for it. Every formation we file includes one.
- 5
Get an EIN from the IRS
The EIN is the company's federal tax ID. It is free from the IRS at irs.gov, or $41.25 through us if you have an SSN.
- 6
Open a bank account and get local licenses
Keep business money in a business account from day one; mixing it with personal money is the most common way owners lose the LLC's protection. Licenses depend on the business and the city or county; start at South Dakota SOS. If you sell taxable goods or services, register for sales tax at SD DOR.
- 7
Keep the LLC in good standing
The South Dakota annual report is due the 1st day of your formation anniversary month, with a state fee of $55. South Dakota annual report details and free reminders.
What it costs to start an LLC in South Dakota
| Cost | File it yourself | With Vermilion Vitez |
|---|---|---|
| South Dakota filing fee (paid to the state) | $153 | $153 |
| Filing service, operating agreement included | $0 | $123.75 |
| Registered agent, per year (optional) | $0 if you serve yourself | $74.25 |
| South Dakota annual report | $55 | $55 |
| South Dakota state fees over 5 years (filing + yearly reports) | $428 | $428 |
State fees: South Dakota filing fee as charged at our checkout; yearly fee from our annual-report table, verified . Card processing fee is added at checkout and shown before you pay. Filing it yourself is a reasonable choice if you are comfortable with the state site; what you pay us for is getting it right in one pass.
Frequently asked questions
How much does it cost to start an LLC in South Dakota?
South Dakota charges $153 to file. If we file it, our fee is $123.75 on top, with the operating agreement included. A registered agent is $74.25 a year if you use ours.
Do I need a registered agent in South Dakota?
Yes. Every South Dakota LLC must keep a registered agent with a South Dakota street address, available during business hours. You can serve yourself if you have a South Dakota address and are there in business hours.
Does South Dakota require an annual report?
Yes. The South Dakota annual report is due the 1st day of your formation anniversary month, state fee $55.
Can I form a South Dakota LLC myself?
Yes. You can file directly with South Dakota's business filing office and pay only the $153 state fee. Use the steps above and the official links on this page.
Do I need an operating agreement?
Most states do not require you to file one, but it is what shows the LLC is run as a separate business, and banks often ask for it. Every formation we file includes one.
Is this legal advice?
No. This page is general education about the filing steps. For your own situation, talk to a licensed attorney or CPA, or book a free call with us.
Comparing nearby states?
Forming in a state where you do not operate usually means registering in your home state too. Best state to form an LLC compares all 51.
Ready when you are
Have your South Dakota LLC filed right the first time.
$123.75 + South Dakota's $153, operating agreement included, and the full total before you pay. Talk to Ray or Vinny first if you like.
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