South Dakota LLC and Corporation Registration and Formation

What is the business formation process like in South Dakota? Is it a lengthy process? Do you have to submit too many documents to form a South Dakota business? These are some of the important questions that you might face before taking the big decision. This is the reason we have created a guide that will provide you with an insight into what is required to form a Limited Liability Company (LLC) or a Business Corporation in the state.

How can you form a South Dakota business LLC or Corporation? We as one of the top South Dakota registered agents can assist you with the successful registration of your business entity in the state.

South Dakota LLC Registration and Formation

LLC company formation in South Dakota is governed by 2011 South Dakota Code, Title 47 CORPORATIONS, Chapter 34A of the Uniform Limited Liability Company Act. The procedure for registration and formation of LLCs is as follows:

Step#1: Maintain a registered agent

If you are planning to form a Limited Liability Company in South Dakota then you will be required to continuously maintain a registered agent in the state pursuant to 2011 South Dakota Code, Title 59 – Agency, Chapter 11. Model Registered Agents Act §59-11-6. This law is applicable to domestic limited liability companies as well as foreign limited liability companies.

We would take this opportunity to share with you the fact that we are one of the top registered agents in the state and have been responsible for over 11,494 businesses set up in South Dakota. We can assist you to form a South Dakota business LLC.

Step#2: LLC Name Reservation

One of the foremost steps towards company formation in South Dakota is identifying a name for your business entity. The process is as follows:

Identify a unique name for your business entity
According to SD Codified L § 47-34A-105 (through 2011), the name should contain the phrase or words “limited liability Company” or the abbreviations “L.L.C.”, or “LLC”.
The chosen name should be distinguishable and should not be deceptively similar to the name of any limited partnership, corporation, or limited liability company
Apply for reservation of name pursuant to the provisions of SD Codified L § 47-34A-106 (through 2011)
Submit the form though mail or online with the Office of the Secretary of State of South Dakota along with the applicable fee. An LLC can reserve its name for a period of 120 days.

Step#3: Articles of Organization and Certificate of Authority

If you are planning to form a South Dakota business LLC then the most important step is to prepare and file the proper documents for a Limited Liability Company. The steps are:

If you want to register a domestic LLC then you will be required to file “Articles of Organization” governed by SD Codified L § 47-34A-203 (through 2011).
If your business entity is a foreign LLC then you will be required to file “Certificate of Authority” for a Foreign Limited Liability Company pursuant to SD Codified L § 47-34A-208 (through 2011).
The Articles of Organization and Certificate of Authority of domestic and foreign LLC can be filed with the office of the Secretary of State, through mail or by hand.

We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the LLC registration.

In case, you have any questions regarding how to form a South Dakota business, feel free to call us on 702-871-8678.

South Dakota Corporation Registration and Formation

If you are planning to form a Corporation in South Dakota then the procedure for registration and formation is as follows:

Step#1: Maintain a Registered Agent

If you are planning to form a business or professional corporation in South Dakota then you will be required to continuously maintain a registered agent in the state pursuant to 2011 South Dakota Code, Title 59 – Agency, Chapter 11. Model Registered Agents Act §59-11-6. This law is applicable to domestic as well as foreign corporations.

Step#2: Corporate Name Reservation

In order to form a corporation in South Dakota, one of the key steps is identifying a name for your business entity. The process is as follows:

Identify a name for your business entity
According to SD Codified L § 47-1A-401 to 47-1A-401.2, a corporate name should contain the phrase or words “corporation”, “company”, “incorporated”, or the abbreviations “Corp.”, or “Inc.”
The chosen name should be distinguishable and should not be deceptively similar to the name of any limited liability company, limited partnership, or any other corporation
Apply for reservation of name pursuant to SD Codified L § 47-1A-402 (2014).
Submit the form through mail with the Secretary of State of South Dakota along with the applicable fee. A business corporation can reserve its name for a period of 120 days.

Step#3: Articles of Incorporation and Certificate of Authority

If you are planning to form a corporation in South Dakota, then the most important step is to prepare and file the proper documents for a business corporation. The steps are:

If you want to register a domestic corporation then you will be required to file “Articles of Incorporation” pursuant to SD Codified L § 47-1A-203 (2014).
If your business entity is a foreign corporation then you will be required to file a “Certificate of Authority” to transact business in the state pursuant to SD Codified L § 47-1A-921.3 (2014).
The application or documentation for registration of a corporation can be filed with the Office of the Secretary of State – through mail or by hand.

We can file the form on your behalf as your registered agent in the state and provide you with certified copies of the incorporation.

If you have any questions regarding South Dakota incorporation or LLC formation, you can simply visit the South Dakota Business formation page.

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