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Home > How to Incorporate In Your State > South Dakota (SD)
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Incorporate in South Dakota (SD)

Learn the basic facts about South Dakota corporations and South Dakota limited liability companies (LLCs). Compare the differences between South Dakota corporations and South Dakota LLCs and learn about South Dakota rules and regulations that relate to forming a corporation or LLC.

Forming a South Dakota Corporation or Limited Liability Company (LLC)

There are a number of business entity types to consider when you are deciding the structure of your South Dakota business. The most advantageous entities to form in South Dakota are typically corporations or LLCs. Although other entity options are possible, these are the entities that offer the highest level of liability protection in South Dakota. As you review the characteristics of incorporating or forming an LLC in South Dakota, be sure to keep in mind both the present and future needs of your business. Often, when you start a business it begins as a small organization.

Get Started

If you decide that a South Dakota corporation or LLC is the best option for your business, BizFilings will form your company in South Dakota, faster than anyone else, without costly legal fees. Our cost-saving offerings include:

$115 + State Fees
$250 + State Fees
$350 + State Fees
  • Preparation and Filing of Formation Documents
  • Preliminary Name Check with State
  • Free Registered Agent Service for 6 months
  • BizComply Online Compliance Tool
  • 24/7 Access to Online Corporate Status Center
  • Everything included with the Basic Package
  • Expedited Processing Service
  • Corporate Kit & Seal
  • Corporate Forms CD
  • Everything included with the Standard Package
  • Tax ID (EIN) Number Obtainment
  • Compliance DVD
  • Certified Copy of State Filed Documents
  • Overnight Shipping


State Fees Apply

Each state charges filing fees that apply separately from BizFilings' package pricing. These fees will be reflected when you generate a Fast Quote using any of the links above. You can also view our list of fees by state.


Incorporating in South Dakota

South Dakota Corporate Name Endings
South Dakota Corporation Requirements
South Dakota Corporate Taxes and Fees
South Dakota Business License Requirements


South Dakota Corporate Name Endings

The name must contain the word "Corporation," "Company," "Incorporated," "Limited," or an abbreviation thereof. It may not be the same as, or descriptively similar to, the name of any domestic or qualified foreign corporation, reserved or registered name, or any limited partnership, unless consent is obtained. The name must not imply it is organized for any purpose other than that stated in the articles of incorporation. The name may not be the same as, or deceptively similar to, a name in use by any other domestic corporation or authorized foreign corporation in South Dakota.


South Dakota Corporation Requirements

Director Information

  • Minimum Number: One or more.
  • Residence Requirements: No provision.
  • Age Requirements: Directors must be a natural person at least 18 years of age.
  • Directors are required to be listed in the articles of incorporation.

    Officer Information

  • Officers are not required to be listed in the articles of incorporation.

    Stock Information

  • An increase in shares may cause an increase in initial filing fees.

    Corporate Records

    A stock transfer ledger must be kept at the principal corporate office.


    Taxes and Fees

    Annual Statements

    The requirements for annual statements, reports and fees vary by state. BizFilings created BizComply - an online compliance management tool that provides customers with helpful information about requirements imposed by their state of formation or, if applicable, their state of foreign qualification. BizComply is included at no charge when you select BizFilings as your registered agent when ordering one of our formation services. It is also included in registered agent only or change of agent services, or it can be purchased as a stand-alone product for $50/year.

    Taxes

    For more information on taxes, visit http://www.state.sd.us/drr2/revenue.html.

    S Corporation

    S Corporation status is recognized by the State of South Dakota. A separate state election from the federal election is not required; however, South Dakota imposes neither a corporate income tax nor a personal income tax.


    License Requirements

    South Dakota requires most businesses to obtain a license and pay a fee if operating in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.

  • Form a Limited Liability Company (LLC) in South Dakota

    South Dakota LLC Name Endings
    South Dakota LLC Requirements
    South Dakota LLC Taxes and Fees
    South Dakota Business License Requirements


    LLC Name Endings

    The LLC name must end with "Limited Liability Company," "LLC," or "L.L.C."


    South Dakota LLC Requirements

    Member/Manager Information

  • Minimum Number: one or more
  • Residence Requirements: no provision
  • Age Requirements: directors must be a natural person at least 18 years of age
  • Members/Managers are required to be listed in the articles of organization


    South Dakota Taxes and Fees

    Annual Statements

    The requirements for annual statements, reports and fees vary by state. BizFilings created BizComply - an online compliance management tool that provides customers with helpful information about requirements imposed by their state of formation or, if applicable, their state of foreign qualification. BizComply is included at no charge when you select BizFilings as your registered agent when ordering one of our formation services. It is also included in registered agent only or change of agent services, or it can be purchased as a stand-alone product for $50/year.

    Taxes

    For more information on taxes, visit http://www.state.sd.us/drr2/revenue.html.


    License Requirements

    South Dakota requires most businesses to obtain a license and pay a fee if operating in the state. Please check with the state to make sure your business is complying with the license requirements for your particular profession.

  • Registered Agents in South Dakota

    South Dakota corporations and LLCs are required to have a registered agent located in South Dakota. The South Dakota registered agent is responsible for receiving important legal and tax documents including service of process (litigation) documents, franchise tax forms, and annual report forms.

    A South Dakota registered agent is an individual or company located at a street address in South Dakota. Post office boxes are not acceptable addresses for a registered agent in South Dakota.

    If a company, such as BizFilings, is acting as your registered agent they must be registered as a corporation in South Dakota. There are a number of advantages to using a registered agent service provider in South Dakota, but the advantages differ between large and small companies.

    Large companies in South Dakota benefit by having service of process and state documents send to their registered agent's office in South Dakota. The registered agent follows delivery instructions to ensure that important documents reach the correct individual. Smaller companies in South Dakota benefit by providing a consistent South Dakota address.

    Another advantage to using another company as your South Dakota registered agent is that the information of your South Dakota registered agent is public record.

    Learn how to select BizFilings as your registered agent in South Dakota.

    Questions? Please contact our customer service team Monday - Friday, 8:00 AM - 7:00 PM central time at 800-981-7183 or 608-827-5300. You may also email your questions to info@bizfilings.com, or take advantage of our Live Chat option. Live Chat hours are Monday - Friday, 8:30 AM - 5:30 PM central time.

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    Did You Know?

    Did You Know?

    Retirement funds and qualified retirements plans, such as a 401(k), may be established more easily if your business is incorporated.


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