In South Dakota, as in most states, the primary step in creating a limited liability company (LLC) is to file articles of organization with the state. This is an absolutely crucial document that helps define your business, so it’s important to do it correctly.
An LLC is a business entity that offers liability protection for owners, as well as pass-through taxation, much like a sole proprietorship.
What are Articles of Organization?
The articles of organization is a legal document you need to file with the state to form your LLC. It will specify details about your company and establish your LLC as a registered business entity in South Dakota.
The document is similar to the articles of incorporation you would file to form a corporation instead of an LLC.
How to File the South Dakota Articles of Organization
In South Dakota, the process to file articles of organization is quite simple. The crucial first step is gathering the required information about your new LLC, before proceeding with the filing itself.
Here are the steps you’ll need to take to create your new business entity:
- Gather the required information about your business.
- Business name
- Business purpose
- Business address
- Registered agent name and address
- Management structure
- Manager names (if manager-managed)
- Visit the state’s secretary of state’s website
Find South Dakota’s articles of organization form here. It’s easiest to fill out the form online and file immediately, but you can also download it, fill it out and mail it in.
- Filling out Articles of Organization Document
You’ll start by filling in the business name. If you have not done a name availability search already you can do it from this page.
Then you’ll fill out your principal office address and your mailing address. Next is your registered agent name and address.
You’ll go through the pages with your organizer name and address, whether your LLC is perpetual or limited, and then the management structure. Select whether your LLC will be member-managed or manager-managed (click the link to learn more).
You’ll then have a chance to review all the information you filled in.
When filling out your articles of organization form, be sure to double-check that all the information is accurate and up-to-date. Maybe you’ve just moved, or use your middle initial in official documents, such as with your bank account. If you get it wrong now, changing it later can be a real pain. So accuracy is crucial.
- File Articles of Organization
You’ll electronically sign your documents, before going to the payment page to pay the filing fee, which in South Dakota is $150.
South Dakota Secretary of State Contact Info
Here’s the secretary of state’s website. Contact the secretary of state’s office at (605) 773-4845.
Their mailing address is:
215 E. Prospect Ave.
Pierre, SD 57501
The Bottom Line
In South Dakota, it’s relatively easy to create an LLC, but you do need to jump through a few hoops. You now have all the information you need to officially create your new business and begin your entrepreneurial journey in the Mount Rushmore State.
Frequently Asked Questions
Do I need an attorney to file articles of organization in South Dakota?
You do not need an attorney to file articles of organization in South Dakota. You can easily file online yourself, or use a business formation service. ZenBusiness’s online LLC formation service will enable you to form your LLC in just a few minutes.
How do I amend my LLC articles of organization?
How do I get a copy of my articles of organization in South Dakota?
You can request a copy by calling the business services office at (605) 773-4845.