If you are forming a South Dakota LLC, then this page’s content would be vital. As you learn how to start an LLC, you will realize that the bulk of your initial work and LLC cost comprises filing South Dakota articles of organization, which we will elaborate on this page.
On this page, you’ll learn about the following:
What is an Article of Organization?
Articles of Organization, also known as an LLC certificate or Certificate of Formation in some states, is a document filed with the secretary of state to form an LLC.
Each state has a different requirement to fill out a form. An Article of Organization usually includes the following:
- The name of the LLC,
- the effective date of the LLC,
- the company’s principal office,
- the business purpose,
- the duration of the business,
- a copy of the LLC’s name registration certificate, and
- the name and address of the registered agent, organizers, and
- at least one member of the company.
Note that the certification of formation is a legal requirement, not to mention, the core of your LLC formation. It even makes up the bulk of your South Dakota LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.
How to File South Dakota Articles of Organization
These are the simple steps to follow in filing an Article of Organization in South Dakota.
Step 1: Find Forms Online
Go to the South Dakota Secretary of State to download the Articles of Organization form for your LLC or to log into the online service.
Step 2: Fill Out Form
You must attach a copy of your Name Reservation to your filled-out Articles of Organization form when filing. You also need to nominate a registered agent. Here are 3 of the best LLC services on our list.
Step 3: File Formation Certificates
Steps to Register Article of Organization Online
Time needed: 5 minutes.
To start your business LLC in the State of South Dakota, you must register your business with the South Dakota Secretary of State. The State offers online as well as offline methods of filing applications. When applied through online mode, your application is processed immediately. The cost of registration is $150. The formation guide in the following steps will help you file the Articles of Organization
- Visit the website of South Dakota Secretary of State
Go to the official website of the South Dakota Secretary of State. The Division of Business Services offers a one-stop solution to different business-related online services. On the following page, select the first tab ‘Start/Register a New Business’.
- Select the criteria
On the next page, select the option of ‘Domestic Limited Liability Company’ from the dropdown list. The online application form for South Dakota Domestic LLC opens us.
- Start to fill up the application
Read all the instructions carefully and proceed to fill in all the required information in the application. Upload the documents, if any.
- Review your application
Before you submit the application, review all the information to be correct and accurate to your knowledge.
- Make the payment
Once you complete the application, you can proceed to the payment gateway page and pay $150 as the filing fee for your South Dakota Domestic Limited Liability Company. 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.
South Dakota Articles of Organization Filing By Mail
If you wish to file your application for Articles of Organization by offline method, you can do that easily by mail. Though the online mode of filing is generally the preferred mode, you can apply through the mail by following the instructions below.
- Download the Application form PDF on your computer system.
- Read all the instructions attached to the form carefully. Start to fill in the application form.
- You can also attach the name reservation certificate of your business LLC.
- Review all the details entered by you in the application form to be correct and accurate to your knowledge.
- Issue a money order or check of $165 as the filing fee for your application payable to the ‘Secretary of State’ office.
- Attach all the documents and mail to the following address, Secretary of State Office 500 E Capitol Ave Pierre, SD 57501.
Cost of Filing Articles of Organization in South Dakota
The online method of application is generally considered a convenient mode of filing due to its easy filing and tracking options. The overall cost of filing a formation certificate in the State of South Dakota is slightly higher for paper filing than online filing. Here is the cost of filing formation articles in South Dakota,
- Online filing costs $150.00
- By mail filing costs $165.00
Where Can You Find Your South Dakota LLC Articles of Organization
Articles of Organization for South Dakota LLC can be accessed through the South Dakota Secretary of State website. You can also download the PDF from the same website.
Choosing where to locate your South Dakota LLC Articles of Organization is an important part of forming an LLC in the state. These documents are used to establish your business’s legal status and provide important information about your business. The Articles of Organization can be filed either online or by mail. Those who wish to file by mail will need to include a filing fee.
Applicants who choose to file online will need to provide an email address. The email address will be used to send important notices. This email address will also be used when the South Dakota Secretary of State approves your LLC. You should also save the Certificate of Organization. If your LLC dissolves, you will need to file the Articles of Termination.
Those who wish to file offline will need to submit an application form, a copy of the LLC’s articles of organization and a filing fee. The application form is available on the South Dakota Secretary of State website. The filing fee is also available on the website.
When forming a South Dakota LLC, you will need to include your LLC’s name, a business address, and a mailing address. The address does not need to be in South Dakota. You can choose a name that is unique, easy to remember, and follows LLC naming guidelines. Applicants may also include a purpose for the business. If you do not include a purpose, you may not be able to open your LLC. You will also need to select the appropriate tax structure. Choosing the right tax structure can be confusing, so it may be a good idea to have an attorney help you.
You will also need to include an address for your business’s registered agent. The registered agent is the business entity that accepts legal notices on behalf of the LLC. The registered agent can be the owner of the business or another business entity that is authorized to do business in South Dakota. The registered agent’s name is published on public records. Choosing an agent will ensure that important legal notices reach your business.
In order to file your Articles of Organization with the South Dakota Secretary of State, you will need to include a filing fee. This fee will be $15 if you choose to file by mail and will be charged to your credit card when you file online. If you choose to file by mail, you will need to include a copy of your LLC’s articles of organization and a copy of the LLC’s registration certificate.
South Dakota LLCs are easy to maintain. You can either be manager-managed or member-managed. Manager-managed companies give you more decision-making power. However, if you choose to be member-managed, you will need to list all managers and their contact information. You can also choose to enter your LLC’s address and contact information as part of your application. You may also choose to enter your LLC’s year of existence.
An Article of Organization is a legal document that will officially make your LLC into existence. This document is needed specifically for South Dakota in forming an LLC business structure.
The application form for the Articles of Organization needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.
Filing by mail or in person is neither highly recommended nor required; waiting an extra week for your LLC to be approved isn’t that bad. The LLC approval you send in will be returned by mail. Online filing, meanwhile, is more convenient as you won’t have to stay in a queue.
Articles of Organization or Certificate of Formation is the most important document for your South Dakota LLC. Before you submit/file the document make sure to provide proper and correct information about your company. If you have any questions, share that below in the comment section.