In this short article, we will learn how to start an LLC in South Dakota in 2023. We will also explore the steps involved and help you identify the government services and documents required.
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When starting on your journey to build your business in South Dakota, one of the most important first steps is naming your LLC. Not only is this important to set your company apart from competitors and attract customers, but it’s also legally required to have a business name in South Dakota.
To create a name for your LLC in South Dakota, you can follow some of these steps and guidelines:
You want to ensure it’s available for use within the state. You can start your search for available South Dakota LLC names with the below link: State of South Dakota LLC search
After finalizing that your business name is available for registration within your state, you should immediately file the necessary paperwork for LLC registration.
When you legally finalize the name for your LLC in South Dakota, go and purchase the domain name. If you don’t do this right away, you’ll leave your business name susceptible to domain squatters and may not be able to purchase the name or have to pay a high price.
If you’re planning to do business in the state of South Dakota, you are legally required to have a designated registered agent. A registered agent is a business's liaison with the state, serving as a point of contact for legal documents, such as subpoenas and tax notices.
Here are a few ways you can have a registered agent in South Dakota:
Within the state of South Dakota, every new business owner wishing to register an LLC will need to file a Certificate of Formation with the Secretary of State, Corporate Division. A certificate of formation is a filing instrument with South Dakota to legally registered your LLC.
Here are some basic guidelines you’ll need to follow when filing your Certification of Formation in South Dakota:
Although not many states require you to file an operating agreement, it’s important to have one ready to set the rules of your South Dakota business legally.
What is an operating agreement?
A business operating agreement is a written contract between the members of an LLC that details how the company will be run and who has decision-making power over specific aspects of the business. It can also include information about what happens if one member leaves the company or if a new member joins. The agreement is important because it protects your interests as an owner and helps ensure that you have control over what happens in your business.
Do you need a business operating agreement in South Dakota?
You probably don't need a business operating agreement, but you definitely want one.
A business operating agreement is the document that lays out the ground rules for how you'll run your company. It's the only way to set things up so that you and your partners can avoid conflicts and stay on the same page about big decisions.
Without an operating agreement, it's up to your state's laws and/or general contract law to decide how much control each partner has over the company. That means there's no guarantee about who gets to make what decisions or when they get to make them—and it also means that if you disagree with your partners on something important, nothing is stopping them from deciding without you—or even against your wishes!
But with a business operating agreement in place, everything is spelled out in advance. You know exactly what rights everyone has, so there are no surprises when it comes time for big decisions like hiring new employees or expanding into new markets.
Every business in the U.S. is required to file for an EIN with the Internal Revenue Service (IRS). The EIN is a tax ID number that is used for filing taxes. If you are an individual, you can use your Social Security Number as your tax ID number. However, if you are a business, you must use an EIN number.
When you file taxes in South Dakota, the government uses your EIN number to identify who owns the company and how much money it makes. This helps them decide how much money they should take from each company and pay out in taxes. If you do not have an EIN, it can be difficult for companies to determine who owns their business and what kind of money they make.
You can file your EIN in two ways:
Do it yourself: If you have all of the necessary paperwork and information ready, you can go directly to the IRS website and apply for your EIN.
Leverage an EIN Service Provider: If you don’t want to deal with the hassle of the IRS and are unsure what information is needed to file for your EIN, you can use one of the following EIN service providers below who will do everything for you!
This is one of the steps many new LLC owners forget about each year, but is required by the state of South Dakota to remain in good standing. You will need to pay a fee each year to the state in which you’ve filed your LLC.
What is an annual report?
An LLC Annual Report is a document that outlines the key facts about your LLC. It is required by law, and helps you avoid legal trouble down the road. The annual report is usually filed with a state agency, which will then make it available to the public. The contents of the report vary depending on where you live, but they typically include information like:
After you’ve completed all of the necessary steps to legally establish your LLC in South Dakota, you may still need to check with your local government on other necessary licenses and permits needed to operate your business.
What are business licenses?
Business licenses are a form of permit that allows you to run your business legally. They're issued by local governments and are used to protect the public from harm, such as unsafe products or dangerous workplaces.
You'll need to apply for a business license if you operate a business out of your home, have employees, or sell products or services.
Here are some other common business licenses and permits needed to operate in South Dakota:
The main cost to start an LLC in South Dakota is $150.00 for filing your Certificate of Formation. You will also need to file an annual report with the state of South Dakota on a yearly basis, which also costs $50.00.
Yes, you need an EIN for your South Dakota LLC. The EIN stands for "Employer Identification Number," and it's basically like the social security number of your business. If you're setting up an LLC, you'll need this number in order to open a bank account, file taxes, and do other things that are necessary for running a business.
The length of time it takes to submit your paperwork and legally form your LLC varies depending on the South Dakota you’re applying to and how you apply (mail or online). Generally speaking, if you file online, you can expect it to take anywhere from one to three business days to form your LLC or one to two weeks if you file by mail.
