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South Dakota LLC Annual Report
Quick Start Guide
This Quick Start Guide is a brief overview of how to form an LLC in South Dakota.
South Dakota LLC Costs:
South Dakota LLC filing fee: $150 (one-time)
South Dakota annual report fee: $50 per year
(check out Northwest vs LegalZoom)
After forming an LLC in South Dakota, as a part of your ongoing requirements, you’ll need to file an Annual Report each year.
You must file this Annual Report in order to keep your South Dakota LLC in compliance and in good standing with the Secretary of State.
How to file an LLC Annual Report in South Dakota:
You can file your LLC’s Annual Report online or by mail.
Filing Fee & Processing Times:
If you file online, the filing fee is $50 and your Annual Report will be processed and approved immediately.
If you file by mail, the filing fee is $65 and your Annual Report will be processed and approved in 3-5 business days.
We recommend filing your Annual Report online as it’s easier and much faster. However, if you are not very “tech-comfortable”, then we recommend filing the Annual Report by mail.
Your first Annual Report is due by the last day of your LLC’s anniversary month, following the year it was formed. Your following Annual Reports will be due by the same date every year after that.
If you formed your LLC on July 15th 2018, then your first Annual Report will be due by July 31st 2019. In 2020, it will also be due by July 31st. And so on for every following year.
How early can an Annual Report be filed?
You can file your Annual Report 1 month before the due date.
Your LLC will be marked “delinquent” if you fail to file your Annual Report. To reinstate your LLC’s good standing status, you’ll have to file all of your delinquent Annual Reports, pay the filing fee(s), plus a $50 penalty for each late Annual Report.
If you continue to ignore this requirement, then the South Dakota Secretary of State will administratively dissolve your LLC. For this reason, we strongly recommend that you always file your LLC Annual Report on time.
#1 reason LLCs are shut down in South Dakota & Email reminders:
The South Dakota Secretary of State will send a reminder notice to the email address you listed in the Articles of Organization. If you did not list an email address, then the reminder will instead be mailed to your LLC’s Registered Agent address.
The #1 reason that LLCs are shut down by the South Dakota Secretary of State is for failure to file an Annual Report. So please take this requirement seriously.
And, even if you do not receive any of the email reminders (or a notice from your Registered Agent), it is still your responsibility to file your South Dakota LLC’s Annual Report on time.
For that reason, we strongly recommend putting a repeating reminder on your phone and computer, as well as writing it out and putting it some place where you will see it.
Filing the South Dakota LLC Annual Report by Mail
Filing Tip: There’s a good chance this information will be identical to what is in your LLC’s Articles of Organization. It’s a good idea to have that form handy.
First, download and save to your computer the proper Annual Report Form:
• Use this Annual Report Form if your LLC was formed in South Dakota (“Domestic LLC”):
• Use this Annual Report Form if your LLC was formed in another state, but is registered to do business in South Dakota (“Foreign LLC”):
Enter the year for which you are filing your Annual Report. For most filers (who are filing on time), this will be the year that we are currently in.
1. Business ID and Name:
Enter your LLC’s Business ID in the first box and then your LLC’s complete name in the second box. You can find your LLC’s Business ID by doing a search for your LLC here: https://sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx
2. The jurisdiction under whose law it is formed:
For Domestic LLCs, “South Dakota” will appear as the default state. Don’t change anything in this section. For Foreign LLCs, enter the state in which your LLC was originally formed.
3. The address of the principal executive office (business address):
Actual Street Address: Enter the street address of your LLC’s “office”. This is where the company (or you) conduct business and do work. This address can be located in South Dakota, or it can be located in any state. I know the term “principal executive office” sounds quite fancy, but the address doesn’t have to be. This address can be an actual office address or it can be a home address.
Mailing Address: If you want to receive mail at a location different than your Actual Street Address, then enter that address here. If not, then leave this blank.
Email Address: The purpose of listing an email address is to receive notices and reminders from the state regarding your LLC. Enter an email address for your LLC if you’d like, or you can leave this blank, as this field is optional.
4. The South Dakota Registered Agent’s name:
Tip: Read our Registered Agent lesson to learn what a Registered Agent is and who can be your Registered Agent in South Dakota.
If your LLC’s Registered Agent is an individual person (you, a friend, or family member):
Enter this person’s name in “(a)”, followed by their Actual Street Address, which must be a South Dakota street address (remember, PO Boxes are not allowed).
For their Mailing Address, just leave this blank – unless they prefer to receive mail at a different location (but this isn’t very common).
The Email Address is also optional, so you can list an email address for your Registered Agent if you’d like, or leave this blank.
Note: Since your LLC’s Registered Agent is going to be an individual person, do not enter anything in “(b)”.
If your LLC’s Registered Agent is a Commercial Registered Agent:
• Leave all of section “(a)” blank.
• Enter the name of your Commercial Registered Agent, followed by their CRA#.
• If you hired Northwest Registered Agent ($125 per year), their CRA# is 000018 (that’s 4 zeros).
• If you hired a different Commercial Registered Agent, you will need to call or email them and get their CRA#.
5. If the LLC is manager-managed, list the names and addresses of its manager(s):
• If you elected for your LLC to be Member-managed in your Articles of Organization, then you have the option of leaving this section blank or entering the LLC Members information.
• If you elected for your LLC to be Manager-managed, in your Articles of Organization, then you must list the Manager or Managers’ name(s) and address(es) in this section.
Tip: If you’d like to learn more about Member-managed LLCs vs. Manager-managed LLCs, please read Member-managed LLC vs Manager-managed LLC.
6. Beneficial Interest (optional):
For LLCs, someone with beneficial interest would be an LLC Member (owner).
If you’d like to list the Members of your LLC (and make them a part of your LLC’s public record), you can add their first and last name in the “Owner” field. Then enter “LLC Member” in the “Description of Ownership” field. And for “Percentage/Value”, enter how much of the LLC they own expressed as a percentage (for example, “50%” or “100%”).
This section is optional though, so if you prefer to keep this information private, you can leave this section blank.
Print and Sign:
Enter today’s date, sign your name, and print your name. The email field is optional, so you can enter your email if you’d like, or you can leave it blank.
Prepare a check or money order and make it payable to “Secretary of State”.
Mail your completed Annual Report and the $65 filing fee to:
Secretary of State
500 East Capitol Avenue
Pierre, SD 57501-5070
Congratulations! Your South Dakota LLC’s Annual Report has been mailed to the state for processing. Now you just need to wait for approval and verification.
South Dakota LLC Annual Report Approval (By Mail):
When filing your Annual Report by mail, the South Dakota Secretary of State will process and approve your filing in 3-5 business days. However, you won’t get anything back from the state, either by mail or email.
Instead, in order to download and save a copy of your approved Annual Report, search for your LLC name here, then click its Business ID on the left. Then scroll down to the “History” section and click the download link to the right of your most recent “Annual Report”.
You’re finished! There are no more steps in filing your South Dakota LLC’s Annual Report.
Once you’ve reviewed this lesson, or filed your South Dakota LLC’s Annual Report, you can then proceed to the next lesson: South Dakota Business Licenses and Permits.
South Dakota Secretary of State Contact Info
If you have any questions, you can contact the South Dakota Secretary of State at 605-773-4845 (Monday through Friday, 8:00am – 5:00pm Central Time).