This guide was created to assist you in establishing a South Dakota LLC. Continue reading to find out the details.

If you want to use an LLC formation service, visit our list of the best LLC services in South Dakota.

Before establishing an LLC in South Dakota

You’ll need to do a few things before you start the LLC.

Check Name Availability

Every business requires a name. The state will not allow two businesses to have names that don’t differentiate from each other. To check if your name is on a similar list, you should conduct a search with Secretary of State before you file the LLC paperwork. You can make any necessary adjustments to your name.

Reserve an LLC name for 120-days if you’re not ready to file LLC paperwork. Name reservations cost $25.

Appoint aRegistered Agent

A registered agents is an individual or business with a physical address in the state that is authorized to receive legal documents for the business. Although it can be a member, a registered agent is required for all South Dakota businesses. A registered agent company can be hired for a fee. A professional registered agent usually costs between $50-300 per year.

Register your web domain name

You should check if the domain name that you are interested in is available if you intend to have a website. This could be your business name or a catchphrase that quickly identifies your company. Online domain name searches are possible. Although you cannot reserve domain names, it is possible to register domains for as low as $0.99 per year.

Register Your South Dakota LLC

To establish an LLC, you can file the necessary form with the Secretary of States. You can access the online portal for processing Articles of Organization by clicking on the Business Forms link. The form can be filed for $150 and processed in one business day.

These are the Articles of Organization:

• Company name
• Initial designated office
• Contact details for registered agent
• Information for organizers
• Management structure
• Signature of the organizer

You can also send the form by mail to Secretary of State, but this takes longer and costs $15 more. Send the Articles of Organization Form to:

Secretary of State Office500 E. Capitol Ave.

Pierre, SD 557501

Once you have formed your South Dakota LLC

After you have filed the Articles of Organization you can begin putting together the organizational elements of your company.

Make an Operating Agreement

The operating agreement outlines how the company will operate and be managed on a daily basis. It describes who the members are and what their contributions will be to the company. It also outlines voting rights and how you will handle new or departing members. Although an operating agreement isn’t required, it can help reduce confusion among members. In a binder, keep the operating agreement and the Articles of Organization.

Register for an Employer Identification Number (EIN).

An EIN (Employment Identification Number) is issued by the Internal Revenue Service. This number is used to file taxes and establish company bank accounts. An EIN is required for all LLCs that have employees or multiple members. This number can be obtained free of charge by submitting an online application to the IRS Website.

Annual LLC Filings

To ensure compliance with state laws, the LLC must file its annual report each year before the end of the anniversary month following the LLC’s founding. You can access the form online via your company’s business portal. Log in to view it and submit it each year. The annual report must be filed for $50. A paper annual report can be filed for $65.

Correction of Filing Mistakes

An Application to Amend Articles of Organization can be used to correct an error in the Articles of Organization. The Secretary of State will require you to complete this form. It costs $60. This form is one-page and contains the company’s identifying information. It also includes a box where you can describe any amendments to the LLC.

South Dakota LLC Dissolution

To dissolve a South Dakota LLC you will need to complete the Articles Of Termination. This form requires a $10 fee. You must notify the IRS and close all bank accounts when you dissolve the company.

Most Frequently Asked Questions

What is the cost of setting up an LLC in South Dakota

The filing of the Articles of Organization is $150 in South Dakota. The filing fee includes a $15 processing fee if you send your application by mail.

Why does South Dakota have companies that incorporate?

A South Dakota LLC/corporation will reduce liability for the owners. There may also be tax benefits to structuring your business in an LLC or corporation.

Which is better: LLC, sole proprietorship or both?

An LLC is better for small businesses that owner wants to protect their personal assets against any liability the company may create. This protection is not available to sole proprietorships. A LLC offers additional tax options that may help business owners to save money on self-employment taxes.

If you own a business in South Dakota, you need to work with an LLC service provider to help you handle legal paperwork and keep your business safe.

But because there are so many service providers on the market today, it can be hard to find the best one that meets your business’s needs. We tested the best LLC services in South Dakota so you can get started.

And to give you a better idea, we asked our legal team for advice and ranked these services based on their key service features, how quickly they deliver documents, and how much they cost. Read on to find out what we think is the best LLC service to help you with your South Dakota business.

Best South Dakota LLC Formation Services

Although LLC formation services can be a great help, not all LLC formation services will be the same.

Some are better due to price differences, extras (or exclusions), and the overall quality of their South Dakota registered agent service. You don’t have the time to sort through all of them.

We’ve done all the legwork for you and compared top LLC formation services. We have included important factors, such as cost and ongoing fees. These are the top four services for LLC formation.

#1 Northwest Registered Agent

Northwest Registered Agent has 50 offices in 50 states, and they have more industry experience than their competition.

South Dakota LLC formations with Northwest are discounted for our readers, just $39, and you also get a year of free registered agent service. This keeps your start-up costs low. Northwest is our top choice, and it’s a service that puts customer service above all else.

• LLC Formation Plan: $225  $39
• Registered agent service: $125 per year, but the first is completely free
• Customer Support: Northwest assigns an account representative to each South Dakota customer, ensuring they receive prompt and personalized service.
• LLC Services: Northwest keeps the order form simple – no upsells clutter the process.
• User Reviews: Google reviews are great. Reviews on 3rd-party review websites are mostly positive.
• Better Business Bureau: Northwest has a BBB rating of A- and the Northwest customer reviews on the BBB website have an average rating of 4.4/5

#2 Bizee

Bizee can be a great choice if you are concerned about starting-up costs. They offer a free South Dakota LLC registration and do not require fees for the first year.

Visit Bizee

A “free LLC” may be good for some, but Bizee needs to make money somehow. This can be done by upselling needed features at a lofty price. And ask Bizee if they plan to sell your private information.

If privacy is important to you, Northwest emphasizes customer privacy more than any other LLC service I know.

Bizee may not have as many bonus features as its competitors. Still, they offer all the essentials for an additional fee: filing an EIN and registering a DBA, filing annual reports, and others.

• LLC Formation plans: $0, $199, $299
• Registered agent service: First Year Free, then $119/year
• Customer Support: Bizee recently increased its customer service team, which improved its response times. This is a significant improvement in their previous performance.
• LLC Service: Everything is straightforward when ordering a package through Bizee. There are not a lot of pricey and confusing add-ons.
• Customer Reviews: Strong. More than 98% of 21,000+ Shopper Approved reviews are positive
• Better Business Bureau: Bizee has great reviews on the BBB webpage. They have 1698 reviews with an average rating of 4.7/5. Bizee had an A+ rating with the BBB for 16 years straight. In 2020 and 2021, they had some issues and delays and lost their BBB rating. Currently, their rating is being reviewed.

#3 ZenBusiness

Thanks to competitive technology and a dedication to affordability, ZenBusiness has one of the most affordable formation-plus-registered-agent packages available. ZenBusiness provides South Dakota registered agent services at an additional cost of $119/yr.

You can choose the Pro package ($199 annually) for a flat annual fee to get business formation, registered agent service, and an operating agreement template.

• LLC Formation plan: Starting from $49
• Registered agent service $99 per month, $119 annually
• Customer Support: ZenBusiness provides good customer service due to its smaller customer base and individual attention.
• LLC services: ZenBusiness provides useful tools to track annual reports. However, the ordering process can be confusing.
• User Reviews: Positive reviews on Trustpilot

#4 LegalZoom

LegalZoom is a great way to get involved with a well-known brand.

LegalZoom was founded in 2001 and has grown to offer hundreds of services. LegalZoom is more expensive than other South Dakota LLC services listed in this guide. LegalZoom is not the only option if you need a complete legal service.

• LLC Formation plan: Starting at $79 plus state fees for a minimum of $229
• Registered agent service $249/year (first year $159 if you add to a formation package).
• Customer Support: LegalZoom is a large company so its customer service may not be as personal as the other listed companies.
• Easy of use: Many customers have complained that LegalZoom’s ordering process is confusing and lengthy. Numerous upsells are offered before you can choose your package.
• User Reviews: Mixed. Most negative reviews are due to a misunderstanding of the ongoing fees and package offerings

More and more entrepreneurs are turning to LLC services for creating business entities. The number is in the millions. Bizee alone has helped create over 500,000 businesses.

It can be difficult to start a business. There is a lot to do, so many people become overwhelmed by the legal processes: filing taxes, obtaining business licenses and permits, and filling out the forms.

South Dakota has requirements to ensure compliance, such as hiring a registered agent or filing annual reports.

LLC services handle most of the work for you. They simply need to know a little bit about you and your company, and they will start your business for you. This is legal and allows you to concentrate on other aspects of your business. Many LLC services also offer registered agent services to help you maintain compliance.

Now let me point out a few more names in the online LLC formation space. I’m not recommending any of these other services, I’m just mentioning them for your consideration.

Tier 2 – Other South Dakota LLC Services

Swyft Filings

Swyft Filings was launched in 2012 and is the latest service for LLC formation.

Prices start at $49 + state fee. If you need an EIN and LLC operating agreement, the price is $299 + state fee. Swyft Filings charges $149/year for registered agent services.

$299 + $149 = $448 + state fee  Wow, that’s pricey!

MyCompanyWorks

MyCompanyWorks has a basic package that costs $79 and includes assistance with Articles of Organization, Operating Agreement assistance, an online portal to store legal documents, compliance alerts, and assistance with registering with the South Dakota Secretary of State.

They have maintained mostly positive reviews online. You will need to buy their premium package for $279 if you want an South Dakota registered agent.

Inc Authority

Inc Authority, like Bizee, allows you to file your company formation paperwork free of charge, but each additional offer comes at an additional cost. Ask the “free LLC” if they plan to sell your private information. I believe the “Free LLC” is a gimmick just to get you in the door. Yes, their filing service is “free” plus the state fee.

You will need to buy their $399 basic package if you require assistance drafting an Operating Agreement or accessing an EIN. You will also need to buy their premium $799 package if you want to receive express processing.

Tailor Brands

Tailor Brands is a bit different than the others on my list. Like their name says, they build brands. Tailor Brands promotes itself as a one-stop-shop that provides a complete service to entrepreneurs, including compliance and LLC formation, logo design, and branding features. Tailor Brands offers three formation plans.

Incorporate.com

Incorporate.com offers a $99 base package that includes very few services, similar to Rocket Lawyer or LegalZoom. They offer an online storage portal, assistance in filing your Articles of Organization, and nothing else.

CorpNet

CorpNet has been in business for over 20 years. They will file the initial LLC documents and provide compliance alerts in order to maintain good standing with the Secretary of State. All for $79.

MyCorporation

MyCorporation is owned and operated by the check printing company Deluxe Corp. Their formation services are like many others on our list. They charge $133 to prepare your Operating Agreement and process your Articles of Organization. Each additional, comprehensive service comes at an additional cost.

Incorporate Fast

Incorporate Fast offers South Dakota LLC formation services at a low $99 price. This includes assistance with filing documents, assistance with filing them, and an Operating Agreement template.

They offer “same-day” filings. They will process and file your documents within 24 hours of receipt.

If you can upgrade to their $199 package you get an EIN.

BizFilings

BizFilings, another South Dakota LLC provider, charges $99 for the basic package. This includes assistance in filing your formation documents and a year of their registered agent services. Like each of the LLC services, they have additional features for additional fees.

Rocket Lawyer

Similar to LegalZoom, Rocket Lawyer offers online legal services. They also offer other services such as registering an agent, filing your formation documents, and an online document storage portal. If you like having access to ongoing legal assistance for a fee, Rocket Lawyer might be a good fit for you.

Active Filings

Active Filings is another LLC Formation service based in Dania Beach, Florida. Active Filings has been in business since 2001 but is still a small player in this industry. According to the company website, they have only four employees.

Direct Incorporation

Direct Incorporation offers the same services that MyCorporation but includes a banking resolution as well as an Employer Identification number. They charge $174 for these services. If you need an LLC operating agreement, you need to get the next package at $297. They also offer logo design, trademarks, a business website, and email.

InCorp

InCorp costs $99. plus state fees to file your Articles of Organization. Registered agent services are $129 per year.

National Incorporations

Nationwide Incorporation offers basic filing services for $200, and for $475, you get an LLC operating agreement. You get to talk to an attorney.  Pricey!

SunDoc Filings

SunDoc Filings has a $79 base package for filing your Articles of Organization. $70 for an EIN and $69 for an LLC operating agreement.

What is a South Dakota LLC?

A South Dakota LLC, short for a limited liability company, is an entity type that combines the flexibility and protection of a sole proprietorship with corporate assets. That’s not a bad thing. Let’s find out what this means.

You would operate as sole proprietorship if you started selling handcrafted apparel out of your home. Sole proprietorships are legal entities.

This means that everything the business owns, from fabrics to sewing machines, is owned solely by the proprietor. The proprietor pays all taxes. If the business is sued or taken to court by a third party, the owner may lose all of his or her personal property to pay the damages.

Registered entities, such as LLCs, have personal asset protection. This is because the business itself is considered an independent legal entity. The business can have assets, open a bank account, and be sued. If the business goes under, members of the company cannot lose their assets.

LLCs aren’t subject to a lot of complex requirements, unlike corporations. This makes it an attractive choice for entrepreneurs who want to keep their filings simple and still protect their assets.

Pros and cons of starting a limited liability company in South Dakota

An LLC is one of the most common types of entity in America. However, it’s not the right type of entity for everyone.

Only you know your business best and can choose the entity type most appropriate for you. Your vision is clear for the future and your products.

It’s important to understand the pros and cons of LLCs to decide if an LLC is right for your needs.

Pros

• It is easier to create and manage than a corporation
• Protection of personal assets
• A flexible tax structure can be paid as a partnership (or a corporation)
• Exclusive use of a business name within a state is prohibited

Cons

• No authority can issue stock. Therefore, capital-raising opportunities are limited.
• Some states have higher annual fees and taxes than sole proprietorships or partnerships.
• Some entrepreneurs may not be comfortable with the extra paperwork.

How to set up a South Dakota LLC on your own

You don’t need to use an LLC formation service such as LegalZoom or Zen Business. While these services can be extremely helpful, you can also save money by doing it yourself.

Our complete guide on how to set up an LLC in South Dakota is available here. But, let’s take a look at this:

Choose a company name

South Dakota LLCs need a memorable name that can give potential clients an idea of the products or services available. Names should be unique for both legal and business reasons.

Appoint a Registered Agent in South Dakota

As we have mentioned, every LLC requires an agent to accept service of process on its behalf. You can be your own registered agent in most states as long as there is a physical address. However, we recommend that you appoint another person (e.g. an online service) as your agent.

File the Articles for Organization

Once completed and filed, this document officially forms your South Dakota business. Some important information will be required, such as your contact information, business address, signatures of your LLC members and other details. South Dakota charges a $45 filing fee.

It’s easy to set up an LLC. However, it is the maintenance requirements that can be a little more difficult.

Register and pay taxes

You will need an IRS Employer Identification Number if you have employees. There are also state-specific taxes. South Dakota has graduated income taxes. Individual rates are between 5% to 6.9% and corporate rates between 1% to 6.5%. The Franchise Tax is the largest tax burden. Other taxes, such as sales taxes (6.5%) or miscellaneous taxes, will need to be included. You can find more information at the South Dakota Department of Finance and Administration.

Get permits and licenses

South Dakota does not have a general business license, but many cities and counties do require one. You might also need to apply in order for an industry license. A complete list of professional licenses can be found at the South Dakota Division of Workforce Services.

Create an South Dakota LLC Operating Agreement

Even single-member LLCs need to create a master document that outlines how the business will function in the future.

Get your annual report.

South Dakota’ annual report is a companion to the annual franchise tax. You will file your South Dakota annual report with the Department of Finance and Administration and not with the Secretary of State. A minimum tax is $150 per year.

Get business insurance

All businesses with employees need to have workers’ compensation insurance. A general business liability policy may be an option.

Open a bank account for your business

Register for a bank account in your business name to write checks and make business purchases

My Research for Choosing the Best South Dakota LLC Services

This is how I found which Limited Liability Company service (LLC service) is the best in South Dakota.

I formed an LLC a few years ago and did a lot of research before doing so. Because I have spent so much time on this subject, I believe I am very capable of finding and recommending the best LLC formation services. I also recommend using a registered agent service rather than being your own.

How did I research and choose the best LLC service in South Dakota?

My research approach included these four steps to select the best South Dakota LLC formation service.

Step 1: Reviews

I began by analyzing the reviews of online customers for the top 19 LLC services in South Dakota.

I spent many nights scrolling through the customer feedback on Trustpilot and Google Business Profiles (among other review websites) to discover which LLC services were new, which seemed questionable, and which were legitimate.

Step 2: Website Analysis

Once I had a good idea of who I could trust, I could go to their websites and see exactly what they offered.

To find out who offered what products or business services, I looked through pricing pages and looked at detailed breakdowns.

Step 3: Talking with real customers

Online customer reviews are only one way to learn. To truly understand the experience of using a service, it is important to talk to the people who use it.

I sought out the opinions of customers who I had recommended to me over the years in order to get a clear understanding of South Dakota LLC services. I wanted to know how easy the system was, how helpful and polite their support staff is, and how fast they process applications.

This direct feedback from customers helped me to see which promises were fakes and which were legitimate.

Step 4: Talking with their Sales Team

The last step was to talk to their sales team to find out how difficult they were with upsells.

I asked several questions that a first-timer would. Then I waited to see how many times I was encouraged to get additional services.

My Testing and Rating Criteria for South Dakota LLC Services

While I was completing my investigative analysis, I was constantly evaluating these LLC formation services on the basis of these four aspects.

1: Features and Services

There are many steps involved in starting an LLC. If you have read at least half of the above, you will know this. Fill out and file your Articles of Organization. You will need an EIN to open bank accounts. Choose a premium registered agent in  to get an address in South Dakota. And a lot more.

To ensure you get as many completed projects as possible when you invest your money, I first assessed each LLC formation company on the business and product services they offer.

2: Pricing

I checked if they charge extra for a lot of pricey add-ons that are not mentioned at first. I liked the very clear services and upfront with everything. The best value LLC formation services rose to the top.

3: Ease of use

It’s a good idea to sign up for a business formation service that offers a variety of products at a reasonable price without any trouble navigating their system.

I created an account with each South Dakota LLC formation service and attempted to register my fictional LLC. This was to ensure that all the systems were easy to use and simple to navigate.

4: Customer service

I was not satisfied with customer service experiences after the recent corporate trend to outsource customer support to unaffiliated phone centers. These representatives know little about the service they are supporting and the laws and regulations that it is subject to.

I did my best to test their customer service teams to determine the quality of their business formation services. I sent them polite questions, called them to inquire about obvious information, and jumped onto their online chat portals. I also complained of inappropriate things. I wanted to know how they dealt with my comments and requests, and how fast it took for them to reply.

My Findings for the Best South Dakota LLC Service

My investigative analysis resulted in my picking Northwest Registered Agent as the Best LLC Service for South Dakota.

South Dakota FAQs

In this article, we provide answers to frequently asked questions that South Dakota entrepreneurs often encounter when establishing their LLCs.

How to Form an LLC in South Dakota

To form an LLC in South Dakota, you’ll need to follow these steps:

1. Choose a Name: Select a unique and distinguishable name for your LLC. Ensure it includes the phrase “Limited Liability Company” or its abbreviations like “LLC.”
2. Designate a Registered Agent: Appoint a registered agent in South Dakota who will receive legal documents on behalf of your LLC.
3. File Articles of Organization: Prepare and file the Articles of Organization with the South Dakota Secretary of State. You can do this online or by mail. The filing fee varies, and you can find more information on the South Dakota Secretary of State website.
4. Create an Operating Agreement: Although not mandatory, it’s advisable to create an operating agreement that outlines the internal workings of your LLC.
5. Get an EIN: Obtain an Employer Identification Number (EIN) from the IRS for tax purposes. You can apply for an EIN online.
6. Comply with Licensing and Permits: Depending on your business activities, you may need to obtain licenses and permits. Check the South Dakota Department of Revenue for specific requirements.
7. File Annual Report: South Dakota requires LLCs to file an annual report. Make sure to stay up to date on this requirement to maintain good standing.

FAQ 2: What is a Registered Agent, and do I need one for my South Dakota LLC?

A registered agent is an individual or business entity designated to receive legal documents and official notices on behalf of your LLC. In South Dakota, you are required to have a registered agent. This agent ensures you receive important legal and government correspondence, such as tax documents and lawsuit notifications.

You can serve as your own registered agent, or you can hire a professional registered agent service. It’s crucial to maintain a reliable registered agent to comply with state regulations and maintain your LLC’s good standing.

FAQ 3: What are the ongoing compliance requirements for South Dakota LLCs?

South Dakota LLCs have certain ongoing compliance requirements, including:

1. Annual Report: You must file an annual report with the South Dakota Secretary of State. The report includes basic information about your LLC and a filing fee. Failure to file the annual report can result in your LLC losing good standing status.
2. Business Licenses and Permits: Depending on your business activities, you may need various licenses and permits at the federal, state, and local levels. Verify the necessary licenses through the South Dakota Department of Revenue.
3. Taxes: Understand your tax obligations, including income tax and sales tax, and ensure compliance with the South Dakota Department of Revenue.
4. Maintain an Operating Agreement: While not required by the state, having an operating agreement can help outline the management structure and operation of your LLC, providing clarity among members.

FAQ 4: Can I convert an existing business into an LLC in South Dakota?

Yes, you can convert an existing business, such as a sole proprietorship or partnership, into an LLC in South Dakota. This process is known as “conversion.” You’ll need to follow these general steps:

1. Choose an LLC Name: Ensure the name you want for your LLC is available and complies with South Dakota naming rules.
2. File Articles of Organization: Prepare and file the Articles of Organization with the South Dakota Secretary of State. Be sure to include a statement of conversion indicating your previous business type.
3. Transfer Assets and Liabilities: As part of the conversion, you’ll need to transfer the assets and liabilities of your existing business to the new LLC.
4. Update Licensing and Permits: Make sure to update any licenses and permits to reflect the new LLC structure. Consult the South Dakota Department of Revenue for guidance.
5. Obtain an EIN: If you haven’t already, apply for an Employer Identification Number (EIN) from the IRS for your new LLC.
6. Draft an Operating Agreement: It’s recommended to create an operating agreement to govern the internal operations of the LLC.

FAQ 5: What are the advantages of forming an LLC in South Dakota?

Forming an LLC in South Dakota offers several advantages, including:

1. Limited Liability: Members’ personal assets are protected from business debts and liabilities, providing a critical layer of protection.
2. Tax Flexibility: South Dakota offers tax advantages, including no state income tax on individuals or corporations, making it attractive to business owners.
3. Simple Filing: The process of forming an LLC in South Dakota is relatively straightforward and cost-effective.
4. Flexible Management: LLCs offer flexibility in management and operations, allowing for various management structures.
5. Credibility: Operating as an LLC can enhance your business’s credibility and trustworthiness in the eyes of customers and partners.

How to Do a South Dakota Business Name Search

FAQ 1: Why should I perform a South Dakota business name search before registering my business?

Before registering your business in South Dakota, it’s crucial to conduct a thorough business name search. Here’s why:

Performing a South Dakota business name search allows you to check the availability of your desired business name, ensuring it’s unique and distinguishable from existing businesses. This search helps you avoid potential legal issues and prevents the rejection of your registration application.

By examining the South Dakota Secretary of State’s business name database, you can identify any similar or conflicting business names and make necessary adjustments to your chosen name, promoting a smoother registration process.

FAQ 2: How can I perform a South Dakota business name search online?

Conducting a South Dakota business name search online is a straightforward process. Follow these steps:

1. Visit the South Dakota Secretary of State’s website.
2. Utilize the search tool provided on the website to enter the business name you wish to search.
3. Click the search button to initiate the search.
4. Review the search results to see if there are any businesses with names similar to the one you intend to use.
5. If the search results show no matches or businesses with substantially different names, your chosen business name is likely available.

Remember that it’s essential to conduct a thorough search not only for exact matches but also for similar names or potential conflicts that may arise during the registration process.

FAQ 3: What should I do if my desired business name is already in use in South Dakota?

If you find that your desired business name is already in use in South Dakota, you have a few options:

1. Modify the Name: Consider altering your business name by adding or removing words, using synonyms, or making other adjustments to create a unique and distinguishable name.
2. Check for Trademarks: Ensure that your modified name doesn’t infringe on any existing trademarks. You can search for trademarks on the United States Patent and Trademark Office (USPTO) website.
3. Choose a Different Name: If modifying the name isn’t practical, you may need to choose an entirely different business name that is not already in use in South Dakota.

Performing a comprehensive business name search is a crucial step in the business registration process, as it helps you avoid potential legal conflicts and ensures that your business name stands out in the marketplace.

South Dakota Registered Agent

FAQ 1: What is the role of a South Dakota Registered Agent for my business?

A South Dakota Registered Agent plays a vital role in your business’s legal and administrative operations. Here’s an overview of their responsibilities:

A registered agent, also known as a statutory agent, serves as your business’s official point of contact with the state government. They are responsible for receiving important legal documents, such as lawsuits, tax notices, and other official correspondence, on behalf of your business entity.

This ensures that your business stays in compliance with state regulations and that you receive critical documents in a timely manner.

Failing to maintain a registered agent can result in your business losing good standing. To learn more about the importance of a registered agent, visit the South Dakota Secretary of State’s website.

FAQ 2: Can I be my own South Dakota Registered Agent for my business?

Yes, you can serve as your own South Dakota Registered Agent for your business if you meet the state’s requirements. Here’s what you need to consider:

1. Physical Presence: You must have a physical address in South Dakota where you can receive legal documents during normal business hours.
2. Availability: You or an authorized representative must be available during business hours to accept legal documents when they are delivered.
3. Consistency: Ensure that you consistently check and receive documents to avoid missing important notices, which could lead to legal consequences.

While it is possible to act as your own registered agent, many business owners prefer to hire a professional registered agent service to ensure compliance and peace of mind.

FAQ 3: How do I change my South Dakota Registered Agent for my business?

If you need to change your South Dakota Registered Agent for your business, you can follow these steps:

1. Identify a New Registered Agent: Choose a new registered agent who meets the state’s requirements and is willing to accept the responsibility.
2. Complete the Necessary Forms: Obtain the appropriate forms from the South Dakota Secretary of State’s website to update your registered agent information.
3. File the Forms: Submit the completed forms to the Secretary of State’s office, along with any required fees.
4. Notify Your Current Registered Agent: Inform your current registered agent of the change and ensure they are aware of the transition.

It’s essential to promptly update your registered agent information to ensure that your business continues to receive important documents and remains in good standing with the state of South Dakota.

Selecting the right name is an essential first step for your South Dakota LLC, requiring you to ensure the name’s availability. This process is vital to avoid infringing on existing business names and intellectual property rights within the state.

Our South Dakota LLC name search guide offers essential tips on checking LLC name availability in South Dakota, reservation, and registration, helping you secure a unique and compliant business identity efficiently.

To perform a business name search in the state of South Dakota, you can follow the steps below:

SD Secretary of State LLC Name Search

1. Visit the South Dakota Secretary of State website: Go to the official website of the South Dakota Secretary of State. The website provides a variety of services, including business name search.
2. Access the Business Services section: Look for the “Business Services” or “Business Division” section on the website. This section typically contains information and resources related to business filings and searches.
3. Navigate to the Business Search page: Within the Business Services section, find the option for conducting a business name search. It may be labeled as “Business Name Search” or “Entity Search.” Search the South Dakota Name Availability Search to check if your chosen business name is available.
4. Enter the business name: On the business name search page, you will typically find a search box where you can input the name you want to search. Enter the desired business name or keywords related to the name you are looking for.
5. Perform the search: Click on the “Search” button or similar option to initiate the search. The system will then retrieve any matching results based on the provided name or keywords.
6. Review the search results: Once the search is complete, you will be presented with a list of businesses that match the name or keywords you entered. The search results may include information such as the entity name, entity type, status, and registered agent.
7. Obtain additional details: Click on the name of the specific business from the search results to access more detailed information about the entity. This information may include the business’s address, registration number, filing history, and other relevant data.

It’s important to note that while this process provides information about registered business entities in South Dakota, it may not cover all types of businesses, such as sole proprietorships or partnerships that are not required to register with the state.

Additionally, conducting a business name search does not guarantee that the chosen name is available for use, as further steps, such as trademark searches, may be necessary for full legal clearance.

South Dakota Secretary of State

Mailing Address

Business & Commercial Section
South Dakota Secretary of State
215 E. Prospect Ave.
Pierre, SD 57501

Physical Address

Business & Commercial Section
South Dakota Secretary of State
215 E. Prospect Ave.
Pierre, SD 57501

Hours: Monday-Friday, 8:00 a.m.-5:00 p.m.

Email: corpinfo@state.sd.us

Phone: (605) 773-4845

Additional Steps for South Dakota Business Entity Search

1. Trademark Search

When searching for a business name, it’s important to note that availability doesn’t necessarily mean the name is free to use if it’s already a registered trademark.

To avoid potential complications down the line, it’s wise to conduct a thorough trademark search using the Trademark Electronic Search System before finalizing a business name.

2. Choose a Registered Agent

After you have chosen an LLC name that is distinctive and unique, you can now choose your LLC’s Registered Agent.

3. Check if the Domain Name is Available

To check if a domain name is available, you can follow these steps:

1. Go to a domain registrar website, such as GoDaddy.com or Namecheap.com.
2. In the search bar on the homepage, type in the domain name you want to check.
3. Click on the search button to see if the domain name is available or not.
4. If the domain name is available, you will be prompted to purchase it. If it’s not available, the registrar will suggest some alternative options or you can try a different domain name.

It’s a good idea to check the availability of multiple domain name options as your first choice may already be taken.

Additionally, if you are considering registering a domain name for your business, make sure to also check for any existing trademarks that may conflict with your chosen domain name.

4. Check if Social Media Name is Available

To check if a social media name is available for a new business, you can follow these steps:

1. Start by choosing a social media platform where you would like to create an account for your business. Some of the popular options include Facebook, Twitter, Instagram, LinkedIn, Pinterest, and TikTok.
2. Once you have selected the platform, go to the sign-up page and try to create an account using your desired social media name.
3. If the name is already taken, the platform will display an error message indicating that the name is not available. In this case, you may need to consider alternative names for your social media account.
4. If the name is available, the platform will allow you to create an account using that name.
5. It’s important to note that just because a social media name is available, it doesn’t necessarily mean that it’s free to use. You should still do your due diligence to ensure that the name is not already a registered trademark or being used by another business in your industry.

5. Register South DakotaBusiness Entity

When you complete the required documents for filing a new business entity, you then register your business and business name with the state. The state of South Dakota will either approve your business name or reject it.

If you hire a good LLC service like Northwest Registered Agent, ZenBusiness, or Incfile, these LLC services have business name tools available for you to do a quick search. I recommend using any of these 3 services to assist you with forming a new business. They can save you time and provide you with guidance through the formation process.

6. Register an Employer ID Number (EIN) With the IRS

An Employer Identification Number (EIN) is a unique nine-digit number assigned by the Internal Revenue Service (IRS) to identify businesses and other entities for tax purposes.

Here’s how you can get an EIN:

1. Determine if you need an EIN: You’ll need an EIN if you have employees, operate your business as a corporation or partnership, file employment tax returns, have a Keogh plan, or are required to file any of the following tax returns: Employment, Excise, or Alcohol, Tobacco and Firearms.
2. Apply for an EIN: You can apply for an EIN online, by fax, by mail, or by phone. The quickest and easiest way is to apply online through the IRS website.
3. Provide the necessary information: When applying for an EIN, you’ll need to provide your legal name, trade name (if applicable), business address, and the type of legal structure of your business (e.g., sole proprietorship, partnership, corporation, LLC).
4. Wait for your EIN: If you apply online, you can receive your EIN immediately after completing the application. If you apply by fax or mail, it can take up to four weeks to receive your EIN.

Note that there is no fee to apply for an EIN. Once you receive your EIN, be sure to keep it safe and use it on all tax documents and forms.

7. Create a Brand Logo

Creating a business logo involves several steps. Here’s a general overview of the process:

1. Define your brand: Before you start creating a logo, you need to define your brand’s personality, values, and mission. This will help you create a logo that accurately represents your brand.
2. Determine the design style: Decide on the design style you want for your logo. Do you want it to be modern or classic, minimalistic or intricate, colorful or monochromatic? Consider your brand personality and target audience when making this decision.
3. Choose the colors: Pick a color palette that reflects your brand personality and complements your design style. Colors have psychological meanings and can affect how people perceive your brand.
4. Brainstorm ideas: Brainstorm several logo design concepts based on your brand personality, values, and mission. You can use online resources for inspiration or hire a professional logo designer to create a custom logo for you.
5. Sketch your ideas: Once you have some logo design concepts, sketch them out on paper to visualize how they might look. This can help you narrow down your options and refine your ideas.
6. Design the logo: Use a graphic design software program like Adobe Illustrator or Canva to create your logo design. Make sure it is scalable and can be used across different mediums.
7. Get feedback: Share your logo design with colleagues, friends, or family to get feedback. This can help you refine your design further.
8. Finalize the logo: Once you have incorporated feedback, finalize your logo design. Be sure to use high-quality images and files for your logo.
9. Protect your logo: If you want to protect your logo, consider trademarking it with the U.S. Patent and Trademark Office. This will prevent others from using a similar logo and protect your brand’s identity.

8. Write a Business Plan

Writing a business plan involves a comprehensive process that covers various aspects of your business, including the industry, market research, marketing and sales strategies, financial projections, and more. Here are some steps to guide you in writing a business plan and links to resources that can help you:

1. Executive summary: This section provides a summary of your business plan, highlighting key information about your business, target market, products or services, and financial projections. It should be brief but comprehensive.
2. Company description: This section describes your company’s mission, vision, values, and legal structure. It also includes information about the management team, business location, and history.
3. Market analysis: This section provides a detailed analysis of your industry, target market, competition, and customer demographics. It also includes information about market trends and growth projections.
4. Marketing and sales strategies: This section outlines your marketing and sales strategies, including branding, advertising, pricing, and distribution channels.
5. Products and services: This section describes your products or services, their features and benefits, and how they will meet the needs of your target market.
6. Financial projections: This section provides a detailed financial forecast for your business, including projected revenue, expenses, profits, and cash flow. It also includes a break-even analysis and funding requirements.

Here are some links to resources that can help you in writing a business plan:

1. Small Business Administration (SBA): The SBA offers a step-by-step guide to writing a business plan, including templates and sample plans.
2. SCORE: SCORE provides free business plan templates and guides, as well as mentoring and counseling services.
3. Bplans: Bplans offers a wide variety of business plan templates, tools, and resources, including sample plans for different industries.
4. LivePlan: LivePlan is a cloud-based software that provides business planning tools and templates, financial forecasting, and collaboration features.
5. Canva: Canva offers a range of customizable business plan templates and design tools to help you create a professional-looking plan.

9. Open a Business Bank Account in South Dakota

A bank account is generally required for a new Limited Liability Company (LLC) or corporation to separate personal finances from business finances and to establish a clear record of business transactions.

Having a separate bank account for your LLC will help you keep track of your business’s income and expenses, which will be useful for tax purposes, accounting, and financial management. It will also make it easier to accept payments from customers and pay bills, suppliers, and employees.

To open a bank account for your LLC, you will typically need to provide the following documents:

1. Certificate of Formation: This is a legal document that shows that your LLC has been registered with the state.
2. Operating Agreement: This document outlines the rules and procedures for running your LLC and is required by some banks.
3. EIN (Employer Identification Number) Confirmation Letter: This is a letter from the IRS confirming your LLC’s tax identification number.
4. Identification documents: You will need to provide personal identification documents, such as a driver’s license, passport, or state ID, and proof of address, such as a utility bill.

Note that the specific requirements for opening a bank account for an LLC may vary depending on the bank and state where you are located. It’s best to contact the bank you plan to use to inquire about their specific requirements.

South Dakota LLC Name Search FAQs

Here are three frequently asked questions and their answers related to forming an LLC in the state of South Dakota:

1. What are the steps to form an LLC in South Dakota?

To form an LLC in South Dakota, you need to follow these steps:

• Choose a name for your LLC that is unique and not already in use.
• Appoint a registered agent who will receive legal documents on behalf of your LLC.
• File Articles of Organization with the South Dakota Secretary of State and pay the filing fee.
• Create an operating agreement that outlines how your LLC will be run.
• Obtain any necessary licenses and permits to operate your business in South Dakota.
• Obtain an EIN (Employer Identification Number) from the IRS for tax purposes.

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

The filing fee for Articles of Organization in South Dakota is $95. However, if you file online, the fee is reduced to $85. Additionally, if you choose to use a registered agent service, there may be additional fees.

It’s also worth noting that there may be other costs associated with forming and operating an LLC, such as obtaining licenses or hiring an attorney to help with the process.

3. What are the advantages of forming an LLC in South Dakota?

There are several advantages to forming an LLC in South Dakota, including:

• Limited liability protection: LLC owners are generally not personally liable for the debts and obligations of the business.
• Flexible taxation: LLCs can choose to be taxed as a sole proprietorship, partnership, S corporation, or C corporation, depending on their needs.
• Simplified management structure: LLCs do not have the same formal management requirements as corporations, which can make them easier to operate.
• Professional credibility: Forming an LLC can help establish your business as a professional entity and may make it easier to obtain financing or enter into contracts with other businesses.

When creating a new LLC or updating your registered agent for an existing business, selecting the best South Dakota registered agent that suits your needs is important.

I have researched and tested 11 South Dakota registered agent services and picked the top 6 services to review and feature.

These are my top picks for the best South Dakota registered agent service

1. Northwest Registered Agent
2. Bizee
3. ZenBusiness
4. LegalZoom
5. Harbor Compliance
6. InCorp

This article will assist you in choosing the right registered agent for your business. It will also explain the basics of registered agents and answer common questions about registered agencies.

Best South Dakota Registered Agent Service

You want someone who is knowledgeable about the legal process and can help you comply when choosing a registered agent. Northwest Registered Agent is the best registered agent service for South Dakota businesses.

They offer everything you need to start your LLC and Registered Agent services. This company has been helping small businesses grow and start for over 20 years.

Other registered agents

There are many registered agent services available in South Dakota. The top 6 that I just mentioned above are the most popular options. However, I want to highlight a few other services available in South Dakota.

7. Rocket Lawyer

Rocket Lawyer is a cheaper option than LegalZoom. Registered agent service is a small part of their product offerings. They also offer online legal services, including talking to an attorney, documents, and ongoing legal services.

You can get a physical address in South Dakota for $149 to ensure state mail forwarding. Rocket Lawyer also accepts service of process on your behalf, but they offer fewer services and lower customer support than Northwest Registered Agent.

8. SunDoc Filings

SunDoc Filings offers basic South Dakota registered agent services at $159. This includes service of process and forwarding legal documents from the South Dakota Secretary of State.

There is also no dedicated customer support system such as ‘Corporate Guides’ offered by Northwest Registered Agent.

9. Swyft Filings

Swyft Filings provides registered agent services for your South Dakota LLC or business for $149. Not nearly as good as Northwest’s best-rated customer service.

10. CSC

CSC, aka Corporation Service Company, is a premium South Dakota registered agent service that costs $299 per year. They don’t have any premium features, except that you must pay the state fees to change your South Dakota registered agent.

You could easily switch to Northwest Register Agent and save money. CSC has a long history; they are just another option to consider when shopping for a South Dakota registered agent.

11. Registered Agents Inc.

Registered Agents Inc. costs $200 and includes the same features as Northwest Registered Agent at $125: online account access and compliance alerts that keep you in good standing with the South Dakota Secretary of State.

What does a registered agent do?

a South Dakota registered agent is an individual/business entity that has been appointed by a South Dakota LLC/corporation to receive tax and legal documentation such as service or process of process and compliance documents.

A registered agent does a variety of small tasks, but they have a greater role that is more important. They act as the link between your company and the state in which you do business.

Legal Matters

First, the registered agent must be designated as the recipient of any tax documents or legal documents that are sent by South Dakota.

For legal matters, the registered agent must be present in order to receive the hand-delivered service or process (SOP) paperwork about legal proceedings against your company.

The registered agent must then effectively report the delivery to your company and forward the documents.

They should agree on a set of procedures for receiving and delivering these documents. They should decide whether documents will be sent by the registered agent to the business via email, mail, or fax.

South Dakota Business Compliance

A registered agent can also help ensure your business is current and compliant with all state-required continuing maintenance filings.

Each state has its own laws about maintenance filings, usually annual reports or franchise tax payments.

These rules can change at any moment, so your registered agent must keep up-to-date in order for your business to remain in good standing with the state and avoid fines or dissolution.

How to choose a South Dakota registered agent

There are two options for choosing a South Dakota Registered Agent. You can either appoint someone internal that you know or hire a professional registered agent.

You can also be your own registered agent. It is better to have a professional service do this job. It doesn’t cost very much, and you know they will get the job done for the year.

Internal Registered Agent

The registered agent can be any member of the LLC, including yourself, or an employee. Your home or office address will become the Registered Agent’s address. Each LLC must share its principal office address and mailing address with the state’s public online system.

Hiring a registered agent service will be easier as you can use the registered agent’s address as a postal address.

A Registered Agent Service

Professional registered agent services are available for a reasonable cost of around $100 – $299 per year. This will ensure that your business is represented by the best possible service provider.

We have listed the top registered agent services in South Dakota. They can take care of the job for you.

Choose a South Dakota Registered Agent

These are some things to keep in mind when selecting a registered agent.

• Service Fee: Since many states require that formal businesses have registered agents, it is important to choose the best-registered agent. A registered agent can be hired for between $99 to $300 per year. This is a very small price to pay when you consider the time savings.
• The experience and tenure in business of a registered agent: You want the registered agents to have established and tested procedures for handling documents. Registered agent services should be in operation for a while. They have the experience and ability to handle all of your documentation.
• State Jurisdiction Limit: To reduce the administrative burdens of dealing with multiple registered agent providers, it is best to use one registered agent in each state. Our recommended registered agents are available in each of the 50 states.
• Follow-up and Monitoring Services: You want to get the most up-to-date information from your registered agent as quickly as possible, so you are fully informed about all statutes, rules, and regulations that affect your company.

South Dakota: How do I appoint a registered agent?

The LLC can appoint the registered agent at the time of the South Dakota Certificate of Organization. You can do it online or by mail. Appointing a registered agent is free of charge. Only the state filing fee must be paid.

My Research for Choosing the Best South Dakota Registered Agent

Here is how I determined the best registered agents in South Dakota to help you form your LLC.

When researching information about South Dakota registered agent services and comparing their respective packages, I’ve been there myself. When I needed to find the best registered agent for my business website, I searched for a good service.

For my website to receive mail and process service, I needed a street address that was available during normal business hours. I needed compliance alerts to keep my businesses in good standing before the Secretary of State.

In conversations with small business owners, entrepreneurs aspirants, and friends who own online businesses, I discovered that not everyone has the time or patience to search from website to site for the best South Dakota registered agent service provider.

However, many required registration agents. They would rather choose the first registered agent available and pay less to avoid this frustrating process.

My knowledge helped me and my colleagues make informed decisions about South Dakota registered agent services. It surprised me that my advice would be trusted and make the business formation experience easier for many people who read my website.

How I Chose the Best South Dakota Registered Agents

I began with over 10 service providers. After a four-part screening process, I narrowed down the list to 4. I selected my top four best services based upon my four key evaluation steps.

My First Step: Reviews

I began by reading and gathering reviews, the honest voices of thousands of people like me. I was overwhelmed by reviews on TrustPilot, Facebook, and Better Business Bureau that would allow me to classify them according to different criteria (ease of use, affordability, customer service, privacy protection, taxes, fees, etc. ).

I was able to identify obvious frauds and misleading offers.

My 2nd Step: Website Analysis

After I had eliminated illegitimate providers, I went on to examine the websites of the remaining corporations in order to gain a better understanding of what they stand for, how authentic their advertising is.

I was particularly interested in optimizing their products, services, customer support, company experience, and any recognition they had received.

My 3rd Step: Talking with actual customers

Websites and sales teams can tell you about the company, but customers will tell you how they deliver it. Are they efficient? Are they efficient? Are they polite? Are they polite?

Online reviews may fill in some gaps, but most reviews are written by people with overwhelmingly positive experiences. This can distort your perspective. Talking to current customers will give you a better picture.

I reached out to people I had helped to find a registered agent and new visitors to my website looking for one. It was great to hear their stories.

This allowed me to get a comprehensive and complete picture of each service.

My 4th Step: Talking to the Sales and Marketing Teams

I talked to each company’s sales staff to complete my research. After collecting all complaints, files, and reviews, I asked tough questions about their failure to meet customer expectations.

Many companies will simply ignore negative reviews. Others will explain that they have incorporated feedback and improved their operations.

This was the last step that separated the average and the exceptional.

My Rating Criteria

Four key aspects influenced my selection for the best registered agent to represent your South Dakota LLC.

#1: I Checked the Services and Features

The company’s available services and features were the first things that I evaluated. Other factors, such as cost and ease of use, customer support, etc., don’t really matter if a company doesn’t offer the required services that South Dakota registered agents expect. I reviewed the different companies as a shopper and consumer would.

My own needs for finding a good registered agent were considered. I asked myself, is this a registered agent service that I would be comfortable working with? Do they provide the features that I need for my business?

These were the aspects I considered:

• Is the registered agent able to give you access to online documents? Or do they mail them to your South Dakota registered street address?
• Is the registered agent able to alert you about compliance dates and filing deadlines for annual reports? Or does the registered agent only give your LLC or business a calendar?
• Is there a privacy guarantee provided by the registered agent?
• Is the registered agent also able to provide an affordable LLC formation service, or is their LLC formation service any good?
• Is the registration agent responsible for filing and paying state fees?
• You have the option of filing the change online or mailing the form.
• Is the registered agent willing to accept the service of process?

Registered agents offering the most South Dakota registered agent services were ranked at the top, while those with fewer offerings were placed near the bottom or in the middle.

#2: I Checked the Pricing

While most people jump to the pricing, it is important to consider the product’s value. This factor can vary greatly from one South Dakota registered agent to the next. For a good registered agent, expect to pay $125 to $299 per year. Brand names like LegalZoom charge $299 per year, but most people in the registered agent industry know that the best service and privacy is from Northwest, and they charge an affordable $125 per.

#3: I Checked the Ease of Use

Your time is valuable when you start a company or LLC here in South Dakota.

The ease of signing up was my next factor. The easiest, most efficient, and least intrusive systems rose quickly to the top of my list. If a company asked me to move from one document to another in a slow system, I gave them one of my lowest ranks.

#4: I Checked Their Customer Service and Support

All customers require support and assistance, no matter how easy, intuitive, and user-friendly a system may be. While not all business owners are tech-savvy, every South Dakota business owner should have a registered agent they can trust.

In choosing the right agent to represent a business or LLC within South Dakota, I considered customer service as the final factor.

I assessed South Dakota registered agent services based on whether they could efficiently and quickly resolve customer problems with highly-trained and experienced representatives. South Dakota registered agents are not required for small businesses or limited liability companies in South Dakota. They should be able to answer your calls and provide generic answers quickly.

Conclusion

South Dakota registered agents play a critical role in your company’s legal compliance. Although these tasks seem simple, if done incorrectly, they can lead to significant fines and even the possibility of your company being disbanded by the state.

Although you can always replace your registered agent later, it is important to choose the right registered agent for your company from the beginning. To ensure that nothing goes wrong, you should also monitor your compliance standing.

South Dakota Registered Agent FAQs

How can I find a registered agent for South Dakota?

A registered agent service provider can be a great investment in your privacy and time management. There are many registered agent services. We recommend using a reliable national registered agent service.

What is the cost of a registered agent in South Dakota?

A registered agent service typically costs between $99 and $299.

Are you looking for a registered agent in South Dakota

South Dakota law requires all LLCs, corporations, and nonprofits to elect and maintain a registered agent and registered office.

Be my own registered agent or hire a service?

A registered agent service provider can be a great investment in your time, privacy, and peace of mind.

Do I need a registered agent to represent my South Dakota business?

Small businesses should hire a South Dakota registered agent.

What is the cost of changing my registered agent?

Depending on how many states you have to do business with your LLC, it can cost between $0 and $50 to change your registered agent.