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.
You can file an Article of Organization online, by mail, or in person.
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
When filling out the form, you must have reserved an LLC name. Do a name search. Go to South Dakota LLC Name Search to check whether your chosen business name is available to use in this state.
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.
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Step 3: File Formation Certificates
File your formation certificate either online or by mail by filling out a form and sending it to the Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.
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.
How can you find your South Dakota LLC’s articles of organization? You’ve probably heard about it, but aren’t entirely sure where to look. First, you’ll need to apply for an EIN. This is like an LLC’s social security number. It will be used for tax purposes and to open bank accounts. It is also known as the Federal Employer Identification Number, or FEIN.
An LLC in South Dakota can exist indefinitely as long as the members maintain their membership in good standing. The LLC can even outlive its members, meaning it can remain open forever. This can save you from expensive tax and annual liabilities. If you own a business in South Dakota, you should consider setting up an LLC. It will be beneficial for your company and you will be free from many of the headaches associated with running a business.
Your South Dakota LLC can be member-managed or manager-managed. If you opt for member-managed LLC, you will make all of the decisions. Manager-managed companies, on the other hand, give the decision-making power to the managers. The Articles of Organization will list these individuals. While members of an LLC are typically not personally liable for the debts of the business, South Dakota Statute SS47-34A-303 permits them to be.
A South Dakota LLC can file its Articles of Organization online. Once you file your South Dakota LLC online, your documents will be processed immediately. Then, your South Dakota LLC will have a link to its stamped Certificate of Organization. When you find your South Dakota LLC articles of organization, make sure to print out several copies to keep in your records. There are also several ways to obtain your documents. You can choose to pay for expedited filing, but that will cost you a little more money.
Before submitting your South Dakota LLC Articles of Organization online, it is important to know what licenses and permits you may need to start your business. Your state’s Office of Economic Development has helpful information on how to get these licenses and permits, but you’ll still need to file a set of LLC Articles of Organization for the Secretary of State in South Dakota. A South Dakota LLC is a pass-through entity, meaning the profits and losses of the LLC are passed through to the owner’s personal tax returns. To do so, you’ll need to register for an EIN (EIN) number.
You can also file your South Dakota LLC Articles of Organization online – this method is preferred by the Secretary of State. The Secretary of State will acknowledge receipt of your application and send you an acknowledgement in three to five business days. The online filing method is convenient and costs $150, but offline filing will take anywhere from two to five business days. Make sure to read the instructions before filing. You can also contact the Secretary of State office to get more information.
In addition to personal liability protection, South Dakota LLCs are easy to operate. That’s why it’s a popular choice for individuals looking to start a business or buy assets. Then, it’s important to check if the name you want to use is available. So, what are the benefits of South Dakota LLCs? You can read this article to learn more. If you’re unsure about which type of entity is right for your business, don’t hesitate to contact an attorney.
F.A.Qs
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.
In Conclusion
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.