The South Dakota Articles of Organization are the LLC forms that must be completed and filed with the state in order to create an LLC.
It is simple to file the South Dakota Articles of Organization!
We’ll walk you through the South Dakota LLC Articles of Organization filing process in three simple stages.
Get Forms for Your Articles of Organization
Complete the Articles of Organization.
Keep the Articles of Organization on file.
Step 1: Obtain your Articles of Organization.
You may either download and send your South Dakota Articles of Organization or submit them online.
Step two: Complete the Articles of Organization
We will assist you with completing the South Dakota Articles of Organization form in this phase.
To complete the form, you will need the following information:
Name of the Entity
Business Objective
Designated Location
Name of the Registered Agent and the Address of the Registered Office
Names and addresses of the organisers
Duration
Type of Governing Authority
Owner Responsibility
Name of the Entity
A unique and clever company name is crucial, but it is not as necessary as a legally valid name.
When selecting a name for your company, you must ensure that the name:
satisfies South Dakota naming standards
is not currently in use by another South Dakota company
The South Dakota Naming Guidelines should be followed:
Your business name must contain the words “limited liability company” or “limited company” or one of its acronyms (LLC, L.L.C., LC, or L.C.). “Limited” may be shortened to “Ltd.” while “business” can be shortened to “Co.”
Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
Certain prohibited terms (e.g., bank, attorney, university) may need extra documentation and the participation of a licenced professional in certain jurisdictions.
Your name must be distinct from any other current company in the state. This covers reserved names in South Dakota.
Examine Name Availability:
Is your surname legal in South Dakota? Do a name search on the South Dakota Secretary of State’s website to ensure that the name you choose isn’t already used.
Obtain a Domain Name:
We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.
Business Objective
It is optional in South Dakota for an LLC to mention its business objective on its Articles of Organization.
Remember that a business goal including licencing, tax-exemption, or tax-deductible status needs explicit wording from the IRS or a professional licence.
Designated Office Location
You must mention the address of the LLC’s authorised office where business is conducted.
Registered Office and Registered Agent
A registered agent receives and transmits legal paperwork on behalf of your LLC. When you form your South Dakota LLC, you must provide your registered agent and registered office address.
Your registered agent may be anybody over the age of 18 who resides in South Dakota. During normal business hours, your registered agent must always be present at the registered office. Your registered office address cannot be only a P.O. box.
Organizers
You must provide the names and addresses of all LLC organisers. They must all sign the Articles of Organization as well.
LLC Timeline
If your LLC’s length isn’t eternal, which means it has a scheduled dissolution date, you must provide that date here.
Governing Bodies
When you file the Articles of Organization, you must pick whether your LLC will be member-managed or manager-managed. Before filing, read our article on Management by Members or Managers to identify the optimal structure for your LLC.
Liability of Members
List any LLC members who will be held accountable for any of the company’s debts or commitments.
Step 3: Submit the Articles of Incorporation.
You must submit the Articles of Organization with the South Dakota Secretary of State to register your LLC.
You may submit your Articles of Organization in two ways:
Fill out the form online.
Send a hard copy through mail.
Following the Official Formation of Your South Dakota LLC
After filing your Articles of Organization, you should do the following:
Make a Business Agreement
Obtain an EIN
Establish a Business Bank Account
Purchase Licenses and Permits
Make a Business Agreement
A South Dakota LLC operating agreement is a legal document that details your LLC’s ownership structure and member functions.
Although an Operating Agreement is not necessary in South Dakota to incorporate an LLC, it is a good idea to have one. You may begin working on your operating agreement before, during, or after filing your Articles of Organization.
Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.
Obtain an EIN
An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.
You may get your EIN for free by using the IRS website, fax, or mail. Read our What is an EIN article to discover more about EINs and how they might benefit your LLC.
Establish a Business Bank Account
It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.
Purchase Licenses and Permits
When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. There are a few commercial operations that need licences or permissions on the federal level.
Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:
Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).
State: Visit South Dakota’s Business website to apply for or learn more about licences, permits, and registration.
Local: Inquire with your county clerk regarding local licences and permissions.