Start an LLC in South Dakota: Secretary of State Steps and Fees (2026)
A South Dakota LLC exists the moment the South Dakota Secretary of State accepts your Articles of Organization. The filing itself is authorized by SDCL 47-34A-203, and the fee comes from SDCL 47-34A-212: $150 when you file online, $165 when you file on paper (the difference is the state's $15 paper filing fee), and $200 if your articles authorize series. This guide walks the whole sequence, from checking a name to your first Annual Report, using the state's current figures at every point.
The Formation Document: Articles of Organization
South Dakota's formation filing is titled the Articles of Organization (Domestic Limited Liability Company). One quirk worth knowing up front: the state does not assign numbers to its business forms, so there is no form number to look up. The paper filing is simply the Articles of Organization PDF published by the Secretary of State, and the electronic equivalent is completed inside the SOS Enterprise portal at sosenterprise.sd.gov. The fee statute is refreshingly specific, requiring "a filing fee of one hundred fifty dollars" for a domestic LLC's articles (SDCL 47-34A-212).
The Official Filing Fee
- $150 for Articles of Organization filed electronically
- $165 for the same articles submitted on paper, which picks up the $15 paper filing fee
- $200 when the articles authorize the LLC to establish series
Seven Steps to a South Dakota LLC
Ready to get started?
Get Started- Choose a name the state will accept. The name must contain "Limited Liability Company," "LLC," or "L.L.C." and must be distinguishable from every entity already on record. Check availability in the state's business entity search early; a rejected name means redoing the paperwork.
- Appoint a registered agent. Every South Dakota LLC must continuously maintain one under SDCL ch. 59-11, at a street address in the state, and the articles cannot be filed without naming that agent. Our South Dakota registered agent page explains who qualifies and who does not.
- File the Articles of Organization. Submit electronically through the SOS Enterprise portal with the $150 fee, or mail the paper articles with $165. If you want series powers written into the articles, budget $200 instead.
- Adopt an operating agreement. The state never sees this document, but your bank will ask for it, and it settles ownership percentages, voting, and exits before a dispute forces the question. Without one, the default rules of SDCL ch. 47-34A govern.
- Get an EIN from the IRS. It is free at IRS.gov and usually issued immediately. Decline any service that wants money for it.
- Open a dedicated business bank account. Keep the LLC's money in its own account from day one; commingled finances are what courts point to when they set an LLC's protection aside.
- Write down your anniversary month. That month, every year, is when your Annual Report is due: $55 online or $70 on paper. The schedule and penalties are covered on our annual requirements page.
What Continues After Formation
Formation starts two clocks that never stop. The registered agent must stay on file without interruption, and the Annual Report must be filed during the anniversary month each year. Let the report lapse and the state adds a $50 late fee; remain delinquent for roughly two more months and the Secretary of State can administratively dissolve the LLC under SDCL 47-34A-809.
Where Our Service Fits
We charge $199 to prepare and file your Articles of Organization, and the first year of registered agent service is part of that price. Agent service renews at $99 per year beginning in year two. South Dakota's $150 filing fee is separate and goes to the state. The complete picture, state fees beside service fees, is on our South Dakota LLC fees page.