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.
On this page, you’ll learn about the following:
- Forming a South Dakota Foreign LLC
- Step 1: Choose South Dakota Foreign LLC Name
- Step 2: Select South Dakota Foreign LLC Registered Agent
- Step 3: File Registration of South Dakota Foreign LLC
- Step 4: Determine How Your South Dakota Foreign LLC is taxed
- Steps to Filing South Dakota Foreign LLC Online
- Filing South Dakota Foreign LLC by Mail
- After Forming South Dakota Foreign LLC
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.
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
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:
- 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’.
- 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.
- 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.
- 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.
- 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
- Obtain Business Licenses. Find the business licenses you’ll need using the Business License Search.
- File LLC annual reports and Business Privilege Tax.
- 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
When setting up a foreign LLC in South Dakota, some entrepreneurs choose to hire a lawyer to prepare a Certificate of Authority. However, the lawyer’s fee can be expensive. You can use business service providers to register your foreign LLC in South Dakota. In addition, you won’t have to worry about the filing fees. In addition, you can save yourself a great deal of time and effort by avoiding hiring a lawyer.
While filing for your South Dakota LLC is easy and requires only a small amount of money, it does have a few requirements. You’ll need to complete an online application and file your foreign LLC form with the South Dakota Secretary of State. While you don’t need to file Articles of Organization, it’s important to qualify as a foreign business entity in this state. Otherwise, you could face serious penalties. To avoid the fines, you can file an Application for Certificate of Authority, which is more expensive than an Articles of Organization, but it’s a one-time filing that will save you a lot of hassle.
Once you’ve found the right business entity, you’ll have to file your Application for Certificate of Authority. Unlike filing an Articles of Organization, the process for applying for a Certificate of Authority is simpler and more affordable. It will not require you to file Articles of Organization, and the filing fee will be much higher than for an Articles of Organization. You can avoid pitfalls by filing an Application for a Certificate of Authorization.
If your LLC is formed under the laws of another state, it is referred to as a foreign LLC in South Dakota.
Businesses incorporated outside of the state where they operate must have “foreign qualifications” issued in the other states.
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.