Skip to content
LLCPros

How to form an LLC in South Dakota

File an Articles of Organization with the South Dakota Secretary of State, Business Services. State filing fee $150.

Start my South Dakota LLC → Search names on the state site ↗

Due to form

$150

State filing fee

How to file

Online or by mail

Online: immediate, PDF certificate downloadable once. Paper: usually 1-3 business days.

Keeping it active

Annual Report

First day of the anniversary month of formation; may file 2 months early · $55

The steps in South Dakota

  1. 1

    Choose a name

    It must be distinguishable from other businesses on file and end with “Limited Liability Company”, “Limited Company”, “LLC”, “L.L.C.”, “LC”, “L.C.”. 'Limited' may be abbreviated Ltd. and 'Company' Co. Check availability with SOS name search; reservation $25 online. You can reserve a name first for $25 (optional).

  2. 2

    Appoint a registered agent

    Noncommercial agent (SD-resident individual or business registered in SD, with SD physical and mailing address) or commercial registered agent (CRA#). Office-holder option not available to LLCs.

  3. 3

    File the Articles of Organization

    File with the South Dakota Secretary of State, Business Services. You can file online or by mail. Fee: $150.

  4. 4

    Sign an operating agreement

    Not filed with the state, and not required by South Dakota law, but banks and partners often ask for one. LLCPros prepares one from your answers.

  5. 5

    Get an EIN and keep up with reports

    Get a free Employer Identification Number from the IRS, open a business bank account, then file the Annual Report (first day of the anniversary month of formation; may file 2 months early).

Fees

Filing fee — Articles of Organization$150
Optional: Expedited service expedite+$50
Optional: name reservation$25
Later: Annual Report$55

$150 online, $165 paper. Online payment by Visa/MC/AmEx/Discover. Fee schedule effective July 1, 2016.

State taxes to know about

No state income or franchise tax on LLCs; sales/use tax registration with Dept. of Revenue if applicable.

Questions about South Dakota LLCs

›How much does it cost to form an LLC in South Dakota?

The South Dakota filing fee for the Articles of Organization is $150. Optional expedited processing costs more.

›What document forms an LLC in South Dakota?

You file an Articles of Organization with the South Dakota Secretary of State, Business Services.

›Does South Dakota require a registered agent?

Yes. Noncommercial agent (SD-resident individual or business registered in SD, with SD physical and mailing address) or commercial registered agent (CRA#). Office-holder option not available to LLCs.

›Does a South Dakota LLC file an annual report?

Yes: the Annual Report, first day of the anniversary month of formation; may file 2 months early, fee $55.

Double-check with the state

We could not confirm these on an official South Dakota page when we last checked (November 12, 2026). Your filing plan lists them too.

  • Whether South Dakota accepts a formation document you prepare yourself — if not, use the state’s own form with your worksheet
  • Expedited filing options and their fees
  • The state tax rules that apply to LLCs
Self-help, not legal or tax advice. LLCPros is not a law firm, does not give legal or tax advice, and is not affiliated with any state or federal agency. We prepare documents from your answers and your state’s published rules; you file them and pay the state’s fees directly. Rules and fees change — check the official state links before filing, and talk to a lawyer or accountant about your situation.