South Dakota Foreign LLC – Qualification and Registration


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

All Posts by Steve Goldstein →
Business Formation Expert  |   Fact Checked by Editorial Staff
Last updated: 
LLCBuddy™ offers informative content for educational purposes only, not as a substitute for professional legal or tax advice. We may earn commissions if you use the services we recommend on this site.
At LLCBuddy, we don't just offer information; we provide a curated experience backed by extensive research and expertise. Led by Steve Goldstein, a seasoned expert in the LLC formation sector, our platform is built on years of hands-on experience and a deep understanding of the nuances involved in establishing and running an LLC. We've navigated the intricacies of the industry, sifted through the complexities, and packaged our knowledge into a comprehensive, user-friendly guide. Our commitment is to empower you with reliable, up-to-date, and actionable insights, ensuring you make informed decisions. With LLCBuddy, you're not just getting a tutorial; you're gaining a trustworthy partner for your entrepreneurial journey.
south_dakota_state_seal

If you already have an LLC in another state and want a South Dakota LLC, then starting an LLC would be somewhat different. You must register as a foreign LLC. We have here a guide on how you can qualify and register for a foreign LLC in South Dakota.

Forming a South Dakota Foreign LLC

A foreign LLC does not need to be a company from another country but a business formed under the laws of another state. To start a foreign LLC in South Dakota, you need to register it with the South Dakota Secretary of State.

Step 1: Choose South Dakota Foreign LLC Name

Obtain a name reservation certificate and submit it with your foreign qualification requirements at the South Dakota Secretary of State. Your LLC’s legal name outside of South Dakota will be listed on the application, along with the name it will use in South Dakota. Take note of the requirements for naming your LLC.

Check name availability at South Dakota’s business entity names and reserve your LLC name.

Step 2: Select South Dakota Foreign LLC Registered Agent

You’ll need a registered agent to form a foreign LLC in South Dakota and take note that a South Dakota registered agent must have a local address. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries:

LLC Service

Our Rating & Pricing

Top Features

Learn More

#1 TOP PICK

$0 + State Fees

  • 100% accuracy guarantee

  • Worry-free service

  • Great customer support

  • Established reputation

  • Extras are bit more expensive

  • Good customer support

Step 3: File Registration of South Dakota Foreign LLC

Fill out and submit a Foreign LLC Application for Registration form via email to [email protected] or by mail to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.

Include the following:

  • LLC’s full legal name.
  • A fictitious name or a DBA (only if your LLC’s legal name is not available); Attach a statement of adoption of the fictitious name signed by all LLC members.
  • LLC’s principal office and mailing addresses.
  • LLC formation state and date.
  • Registered agent’s name and address in South Dakota.
  • Date when your LLC will start operations in South Dakota.
  • Credit card information on the last page of the form for the $150 application fee.

The LLC cost in South Dakota, even for foreign LLCs will differ between online filing and by mail.

Step 4: Determine How Your South Dakota Foreign LLC is taxed

Foreign LLCs are also subjected to the South Dakota Business Privilege Tax, and they must file LLC annual reports each year.

Note that forming a foreign LLC would be good for your business as you can legally operate in a different state thus reaching a larger market and opening more opportunities for higher profit.

Steps to Filing South Dakota Foreign LLC Online

Time needed: 5 minutes

To establish your foreign LLC in the State of South Dakota, you must file the Certificate of Authority with the South Dakota Secretary of State. The cost of registration is $750 through online mode. Once approved, you will receive a Certified Copy of your business registration. We have explained the aspects you need to cover when you apply for a Certificate of Authority for your Foreign LLC in South Dakota.

Steps to Register your South Dakota Foreign LLC Online:

  1. Go to the website of the South Dakota Secretary of State

    Access the official website of the South Dakota Secretary of State. The Division of Business Services offers a one-stop solution for different business-related online services for domestic and foreign LLCs. Select the first tab from the list, ‘Start/Register a New Business’.south-dakota-foreign-llc

  2. Select the criteria

    On the following page, select ‘Foreign Limited Liability Company’ from the dropdown list. The online application form for South Dakota Foreign LLC appears on the screen.

  3. Start to fill up the application

    Go through all the instructions carefully. Move ahead to fill in all the required information in the application. You must also upload the mandatory documents, if any, such as the Certificate of Existence issued by the State of Original jurisdiction.

  4. Review your application

    Before you proceed to make the payment, review all the information entered by you to be correct and accurate to your knowledge.

  5. Make the payment

    Once you complete the application, you can proceed to the payment gateway page and pay $750 as the online filing fee for your South Dakota Foreign Limited Liability Company Registration application. After successful completion of your application, you will receive a notification from the Secretary of State office acknowledging the receipt of your application. You can expect a reply from the State office within 3 to 5 business days.

Filing South Dakota Foreign LLC by Mail

If you wish to register your foreign business LLC with the Secretary of State office, you can do that easily through mail.

  • Download the Application form PDF on your computer system.
  • Read all the instructions carefully and start to fill in the application form.
  • Make sure that all the correct information in the mandatory spaces.
  • Review your application before proceeding for submission.
  • Attach the Certificate of Existence issued by the State of Original jurisdiction.
  • Issue a money order of check for $765 as the filing fee for your application payable to the ‘Secretary of State’.
  • Arrange all the documents together and mail it to the following address, Secretary of State Office 500 E Capitol Ave Pierre, SD 57501.

After Forming South Dakota Foreign LLC

Here are added things you need to accomplish after forming your South Dakota Foreign LLC

  1. Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
  2. File LLC annual reports and Business Privilege Tax.
  3. Pay State Taxes like sales tax; you’ll need an EIN for your LLC.

It is convenient plus easy to file for the foreign LLC if you are doing it online. The steps are very easy and that’s why it’s possible to go along with the steps and form a foreign LLC in South Dakota.

F.A.Qs

What is a foreign LLC in South Dakota?

If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in South Dakota.

Do I need a foreign LLC?

Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.

What is the main difference between domestic and foreign LLC?

A domestic LLC is a company registered in South Dakota as an LLC. The entity type that has a physical presence in another state is a foreign LLC.

How Much Does It Cost to Register a Foreign LLC in South Dakota

To register as a foreign LLC in South Dakota, you can file through mail by paying $765 or online by paying $750 to the South Dakota Secretary of State.

The process of registering a foreign LLC in South Dakota involves several steps and expenses. The first step is to file a Foreign LLC Certificate of Authority with the Secretary of State’s office. This form typically requires information about the business, its registered agent in South Dakota, and its principal place of business.

In addition to the registration fee, there may be other costs associated with setting up a foreign LLC in South Dakota. These costs can include legal fees, fees for obtaining a South Dakota business license, and fees for any necessary business permits. It is important to carefully consider and budget for all of these potential costs when starting a foreign LLC in South Dakota.

In South Dakota, the cost to register a foreign LLC can vary depending on the specific circumstances of the business. Factors that can affect the cost of registration include the complexity of the business structure, the size of the business, and whether any additional services or documents are needed.

While the cost of registering a foreign LLC in South Dakota may seem daunting to some, it is important to recognize that there are many benefits to operating a business in the state. South Dakota is known for its business-friendly environment, with a low tax burden and a strong economy. The state also offers a central location in the United States, making it an ideal place for businesses looking to expand their operations or reach a larger market.

Ultimately, the cost of registering a foreign LLC in South Dakota is a necessary investment in the future success of the business. By carefully considering and budgeting for these costs, business owners can ensure that their companies are in compliance with all state laws and regulations, setting them up for success in the long term.

In conclusion, while the cost of registering a foreign LLC in South Dakota may be a factor to consider, it should not deter business owners from taking advantage of the many opportunities available in the state. With careful planning and budgeting, businesses can successfully register their foreign LLCs in South Dakota and enjoy the many benefits of operating in this business-friendly state.

In Conclusion

Starting a foreign LLC in South Dakota does not require a lot of documentation or tasks. However, it is always good to seek help from a professional when it comes to running your business. Get a professional registered agent and form your foreign LLC anywhere without a hassle.

Leave a Comment