How do I maintain an LLC in South Dakota?
How do I maintain my South Dakota LLC? | BetterLegal
What's the next step after registering my business in South Dakota?
After successfully setting up your business in South Dakota, you need to make sure that you keep your LLC in good standing with the state. This way, you will be able to transact with third parties smoothly, especially with your vendors and clients.
A good standing status shows that your company is compliant with the state requirements. This includes, but is not limited to, payment of annual fees and updating of your company information with the state.
Additionally, certain other formalities are required by the state, like appointing a registered agent for service of process and maintaining a registered office in South Dakota.
If you do not have a physical address in the state where you registered your LLC, check out BetterLegal's Registered Agent Service. Through BetterLegal's Registered Agent service, you will receive scanned copies of your important mails and you may also request for physical copies to be mailed to your address for a minimal administrative fee. Subscribe to our service now!
Why is it important to Maintain my LLC in South Dakota?
Third parties are able to obtain your good standing status by submitting a request to the Secretary of State in South Dakota. If a third party you are transacting with finds out that your company is in bad standing with the state, it may cause unnecessary delays and issues in your business transactions.
Also, failure to comply with state requirements may result to forfeiture, dissolution, or involuntary termination of your LLC.
This is why you should be on top of South Dakota's periodic requirements for Limited Liability Companies (LLCs) like yours. Maintain your LLC to avoid any issues and delays in your transactions.
If you need help in maintaining your LLC in South Dakota, check out BetterLegal's State Compliance package. We will make sure that your company complies with the state requirements to keep your company in good standing. Subscribe to our State Compliance Service Now!
The Basics of Maintaining Your LLC
There are different administrative tasks that make up the maintenance of an LLC in South Dakota, but can be grouped into categories:
- Annual Report: Required filing in South Dakota to keep your LLC in good standing
- Articles of Organization: Updating of your LLC information in South Dakota
- Operating Agreement: Legal document outlining the internal rules and procedures of a Limited Liability Company
- Licenses and Permits: Documentary requirements for these in South Dakota vary depending on the nature of business
- DBAs: Registration of other names a business may go by other than its official name
- Taxes: Money owed to the government for revenues and earnings
Filing your South Dakota LLC's Annual Report
If you are planning to file your South Dakota LLC's Annual Report, BetterLegal has prepared an easy to follow step-by-step guide for you below. We have also included pertinent information that you need to remember when filing.
When is the due date for my South Dakota LLC's Annual Report?
File your South Dakota LLC's Annual Report on the last day of your LLC’s anniversary month. You need to file it with the state every year. The Annual Report may be submitted as early as one (1) month before the due date.
How much do I need to pay for my South Dakota LLC's Annual Report?
Prepare $50 if filed online and $65 if filed by mail to pay for your South Dakota LLC's Annual Report.
What information are needed when filing my South Dakota LLC's Annual Report?
When filing your LLC's Annual Report, make sure to provide your LLC's Business ID and any of its updated information, except for LLC name change.
How do I submit my South Dakota LLC's Annual Report?
You may submit your South Dakota LLC's Annual Report online or by mail .
(1) File online using this link https://sosenterprise.sd.gov/BusinessServices/Business/AnnualReportInstr.aspx.
(2) by Mail
a. Access the annual report form: You can download the South Dakota LLC Annual Report form from the South Dakota Secretary of State's website. Here is the link to the form: https://sdsos.gov/docs/business/llc-domestic-annualreport.pdf
b. Fill out the annual report form: Provide the requested information in the form, including your LLC's name, registered agent, principal office address, and the names and addresses of your LLC's managers and members.
c. Calculate and include the filing fee: The filing fee for the annual report in South Dakota is $50. Make sure to include a check or money order for the filing fee with your annual report form. The check or money order should be payable to "Secretary of State".
d. Mail the annual report form and filing fee: Mail the completed annual report form and filing fee to the following address:
Secretary of State
500 East Capitol Avenue
Pierre, SD 57501-5070
It's important to note that the annual report must be filed on or before the first day of the second month following the anniversary month of the LLC's formation. If you fail to file the annual report by the due date, a $50 penalty will be assessed. If the annual report is not filed within 60 days of the due date, your LLC may be administratively dissolved by the South Dakota Secretary of State.
What is the turnaround time for my South Dakota LLC's Annual Report?
Your payment or filing submission will reflect on the state's records immediately if filed online, but may take up to five (5) business days if submitted by mail.
What should I do if I miss my South Dakota LLC's Annual Report's due date?
Late submission of Annual Report in South Dakota is allowed. Late fee is $50. You may file your late submission online or by mail.
If you fail to file even after the grace period, your LLC will be declared delinquent and later on be administratively dissolved by the state.
I missed my South Dakota LLC's Annual Report's grace period for late submission, what should I do?
If you also missed the state's grace period for the filing of Annual Report, file for your LLC's reinstatement.
Articles of Organization
If you want to update your company information but it is too early to file for your LLC's Annual Report or maybe you have already filed your LLC's Annual Report, but forgot to update your information, you may still do so by filing an amendment with the state.
BetterLegal may also assist you in filing these amendments. Check out the links below:
- South Dakota LLC Articles of Amendment - Change Name
- South Dakota LLC Articles of Amendment - Change Principal Office Address
- South Dakota LLC Change Registered Agent and/or Office
- South Dakota LLC Articles of Termination
- South Dakota LLC Assumed Business Name
The operating agreement outlines your LLC's internal rules and regulations. Some events, such as change in ownership, may require you to update your operating agreement. BetterLegal may also assist you with this.
Licenses and Permits
Licenses and Permits requirement may vary in each state and depending on the nature of your business. These licenses and permits ensure that companies within specific industries are abiding by its rules and regulations. If you need assistance in obtaining the licenses and permits required for your LLC, you may check out BetterLegal's Permit and License Search service.
DBAs and Fictitious Names
A DBA (Doing Business As) or a Fictitious Name is an alternative name or nickname under which a business can operate. This allows a business to conduct business under a name other than its legal name. For example, an LLC named "ABC Tile LLC" might file for a DBA and conduct business under the name "South Dakota Tile".
A DBA or Fictitious name is not a separate legal entity, it is a name that the business can use for its transactions and it does not change the legal structure or the ownership of the business.
If you need help in registering a DBA for your LLC, reach out to us via chat or call to confirm if we can assist with your filing.
The type of taxes that each state requires vary. Meanwhile, all LLCs are subject to Federal Taxes due to the IRS and are reported through the LLC’s EIN. For the filing of your taxes, it is best to consult your accountant.