How to Start an LLC in South Dakota

What it costs to start an LLC in South Dakota

The one cost nobody can avoid is the state's filing fee: $150. It goes to South Dakota whether you file the Articles of Organization yourself or pay someone to do it. After that, the cost that matters most is the recurring one, because it comes back every year for as long as the LLC exists.

State fees verified October 2026 and charged by the state, not by us. Our fee is separate and optional. If the state's fee changes before we file, we refund or invoice the difference.

So the minimum to form a South Dakota LLC is $150, paid to the state. With our service it is $249. For how South Dakota compares with other states, see LLC cost by state.

How to start an LLC in South Dakota, step by step

Six steps take you from an idea to an LLC that is formed and in good standing. The first three happen before South Dakota approves anything; the last three start once you have the approved Articles of Organization.

1. Choose a name and check it's available

Your LLC's name must end with a designator such as "LLC", "L.L.C." or "Limited Liability Company", and it must be distinguishable from every other business already on South Dakota's records. Words that suggest a regulated business, such as "bank" or "insurance", usually need extra approval.

Search the name in South Dakota's business records on sosenterprise.sd.gov before you file. A name that is taken or too close to an existing one is the most common reason a filing comes back. Our guide to LLC name rules covers the details.

2. Name a registered agent

Every South Dakota LLC needs a registered agent: a person or company with a street address in South Dakota who accepts lawsuits and state notices on the company's behalf during business hours. The agent's name and address go on the Articles of Organization and become public.

• Can you be your own agent? Yes, if you have a South Dakota street address and are there during business hours.
• On the filing: Agent signature/consent block on the form.

More on the trade-offs in Do you need a registered agent?

3. File the Articles of Organization

The Articles of Organization is the document that creates your LLC. South Dakota takes it online at sosenterprise.sd.gov, and the filing fee is $150. It asks for the company name, the registered agent, a mailing address, and the people forming the company. Whoever signs it as organizer does not have to be an owner, which is how filing services sign on your behalf.

What becomes public: Organizers' names and addresses; managers' names and addresses if manager-managed; optional beneficial owners. Members not required.

Once South Dakota approves the filing, your LLC exists. Keep the approved Articles of Organization; banks ask for it.

4. Adopt an operating agreement

The operating agreement sets out who owns the LLC, how decisions get made, how profits are split, and what happens if an owner leaves. It is not filed with the state. Even a single-owner LLC benefits from one, because it shows the company is run as a separate business, and banks often ask for it.

You can write your own, use an attorney for complex ownership, or add our $79 self-help template from your order page after checkout. See Do you need an operating agreement?

5. Get an EIN from the IRS

An Employer Identification Number is your LLC's federal tax ID. Banks ask for it to open a business account, and you need it to hire employees. Apply directly with the IRS at irs.gov once South Dakota has approved your LLC, so the name on the application matches the state record exactly. The IRS does not charge for it.

6. Meet South Dakota's after-formation requirements

These are the filings and registrations South Dakota expects after formation. Put each one on a calendar the day your LLC is approved.

• Annual report. When: each year by the first day of the second month after the formation-anniversary month; from January 1, 2027, due in the anniversary month (or by January 31 if the LLC elects that date). Cost: $55 online / $70 paper.

Beyond the state, most new LLCs also open a business bank account and check for state tax registrations and local licenses that fit their line of business. Our checklist, what to do after forming your LLC, walks through them.

How long it takes to form an LLC in South Dakota

Two clocks run here: the time it takes to get the Articles of Organization submitted, and the time South Dakota takes to review it.

• South Dakota's review: varies with the state's workload; South Dakota does not post a fixed turnaround in the research we use.
• State expedite: $50 expedite fee (Secretary of State filing-fees page)
• Our submission: standard orders go to the state within 3 business days. Same-day orders (+$50) placed by 2 PM Eastern on a business day are submitted that day.

Our same-day option speeds up our submission, not the state's review. State expedite fees, where South Dakota offers them, are separate charges paid to the state. More in how long it takes to form an LLC.

South Dakota LLC requirements at a glance

• A name ending in "LLC" or an equivalent designator, distinguishable from names already on file.
• A registered agent with a South Dakota street address.
• A Articles of Organization filed with South Dakota, with the $150 state fee.
• An operating agreement kept in your records (not filed, but recommended).
• South Dakota's recurring requirement: $55/year, due first day of anniversary month ($55 online, $70 by mail).

File it yourself or have us file it

Both routes give you the same South Dakota LLC, and the state fee is the same either way. The difference is who does the work and who you call when something comes back.

Filing it yourself

1. Search your name in South Dakota's records on sosenterprise.sd.gov.
2. Line up a registered agent.
3. Complete the Articles of Organization online at sosenterprise.sd.gov and pay $150 to the state.
4. Watch for approval and save the filed document.
5. Calendar South Dakota's after-formation deadlines.

Cost: $150. If your details are straightforward and you are comfortable with state forms, this is a perfectly good way to do it.

Having us file it

People choose a service when they want the filing right the first time without learning South Dakota's form, or when their time is worth more than the fee. For $99 on top of the state fee we:

• check the name against South Dakota's records before anything is filed;
• prepare the Articles of Organization from a short online application;
• submit it within 3 business days, or the same business day for +$50;
• email you the approved documents and South Dakota's next deadlines;
• answer questions by email and phone.

Cost: $249, with the state fee passed through at cost on its own line.

Start your South Dakota LLC or read more about our South Dakota LLC filing service.