How to Start a Business in South Dakota (Step by Step Guide)

Starting Business in South DakotaAre you thinking about starting your own business in South Dakota? If so, then you have come to the right place!

On this page, you can find step by step DIY instructions on how to incorporate your business in South Dakota. From selecting the business entity type to forms to be filled, we have covered it all.

Let’s get Started

The first step in setting up your business is to select the business structure.

Broadly there are 4 types of business entities that can be registered:

  1. Limited Liability Company (Most Popular)
  2. Corporation
  3. Sole Proprietorship
  4. Partnership

Each business structure differs on the basis of taxation, asset liability and estate planning. We have written a detailed tutorial on how to choose a business entity type for your business here.

Below we have given a broad outline of the steps involved in registering an LLC or Corporation in South Dakota.

Clicking on each step, opens up a detailed guide on how to complete it.

How to Start an LLC in South Dakota

Agency ResponsibleSouth Dakota Secretary of State – Business Services
Form(s) to be filledArticles of Organization
ModeMail
Name ReservationOptional, Fee $25 (Mail)
Filing Fee$150 + Expedite fee $50 (optional)
Time1 week (Option to expedite available)
LawSD Codified L § 47-34A-202.2


Summary:

  1. Search for business name availability on South Dakota SOS website
  2. File for Business name reservation (Optional)
  3. Select a Registered Agent
  4. Fill Articles of Organization
  5. File initial report (within 6 months of formation of LLC)
  6. Create an Operating Agreement
  7. Get an EIN Number (IRS Form SS-4)
  8. Create Bylaws
  9. Get an EIN Number
  10. Get Business Licenses & Permits
  11. File tax and annual report

How to Start a Corporation in South Dakota

Agency ResponsibleSouth Dakota Secretary of State – Business Services
Form(s) to be filledArticles of Incorporation
ModeMail
Name ReservationOptional, Fee $25 (Mail)
Filing Fee$150 + Expedite fee $50 (optional)
Time1 week (Option to expedite available)
LawSD Codified L § 47-1A-120 (2014)

Summary:

  1. Check business name availability
  2. File for Business Name Reservation (Optional)
  3. Select Registered Agent
  4. Fill Articles of Incorporation form
  5. File initial report (within 6 months of formation of LLC)
  6. Create Bylaws
  7. Get an EIN Number
  8. Get Business Licenses & Permits
  9. File tax and annual report



References:
https://law.justia.com/codes/south-dakota/2011/title47/chapter34a/
https://law.justia.com/codes/south-dakota/2012/title47/

Last fact-checked on 25/07/2018

South Dakota Business Name Reservation

Filing for name reservation in South Dakota will protect the business name you have chosen from being registered by someone else. Scenarios, where someone is thinking to officially form the business at any point later but is sure about the business name, in such cases filing for name reservation makes sense. In South Dakota, you can […]

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