South Dakota Foreign LLC – Qualification and Registration


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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: 

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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. 

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.

In South Dakota, you can register a foreign limited liability company, or LLC, through the Secretary of State’s Division of Business Services. The division offers a one-stop-shop for businesses, including the creation of foreign and domestic LLCs. You can use its website to obtain the necessary information and services.

First, foreign LLCs must file the Application for Registration of Name. This process will cost you about $750, and it will take between three to five business days to be acknowledged. Alternatively, you can choose to file a DBA (Doing Business As), which is a different name than the company’s official business name. To file a DBA, you will need to pay another $10 for the process. You must also file the required documents, which will cost you an additional $2 for each page.

You’ll also need to register your business with the state. South Dakota requires businesses to be tax registered, and the type of license you need will depend on your business. Some businesses will require professional licenses. Additionally, if you’re going to be collecting sales tax, you may need to register with the state and the city.

Having an EIN for your business is another important step to take when forming an LLC. It is required in order to collect sales tax, hire employees, and get certain business licenses. This number is also used to identify businesses for federal tax purposes. Additionally, having an EIN makes payroll easier.

The filing process for a South Dakota LLC will include filing an annual report with the Secretary of State. You’ll need your business ID number, the official name of the business, and the address of the principal business. The form will also include the names and addresses of commercial and noncommercial registered agents. Finally, you’ll need a signature for the form.

If you’re not a South Dakota resident, you’ll need to hire a commercial registered agent. The registered agent will receive mail and serve legal documents on behalf of your LLC. The registered agent can be a person, a business entity, or a registered agent service. Each of these options has their own advantages.

The fees to register a Foreign LLC in South Dakota are typically much higher than the costs for registration of an LLC in your home state. The filing fees vary from state to state, but in general, you can expect to spend about $100. The fees will vary depending on the type of business you’re starting, but there are some companies that charge a lot less than that.

While hiring a lawyer will cost you more, they can be very beneficial for your business. Whether your business is large or small, an attorney’s expertise can help you navigate the business laws and avoid potential pitfalls. The cost of a lawyer’s services will vary by location, experience, and area of expertise. Generally, a business attorney will charge around $150-350 per hour. However, many attorneys offer a flat fee for the process of setting up an LLC.

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.

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.

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