Fill out the Certificate of Formation on the Secretary of State’s website. You must file the Certificate of Formation within 30 days of forming the corporation, partnership, limited liability company, general partnership or limited liability partnership. If you are filing a domestic LLC, fill out the Certificate of Formation and pay the fee online. For foreign LLCs, you must mail the completed Certificate of Formation to the Secretary of State‘s office and the $39 application fee.
Pay the $39 application fee online. This includes the $39 fee plus any applicable fees. There is no charge for filing the Certificate of Formation.
Download the Certificate of Formation from the Secretary of State’s website. Go to www.sdsos.gov/corporations and scroll down to the bottom of the screen to find the link titled Certificate of Formation. Click on it to open the form. Enter the LLC’s name, address, entity type, date formed, and whether the LLC is domestic or foreign. Print the Certificate of Formation and sign them. Mail the signed Certificate of Formation to the address listed on the form.
File the Certificate of Formation with the Secretary of States’ office. To do this, go to www.sdsoss.com/corporations and click on the ” Applications for Filing Certificate of Formation ” link. Follow the instructions to print the Certificate of Formation and mail them to the Secretary of State.
Check the status of your Certificate of Formation online. At the end of each month, the Secretary of State posts the number of active corporations, partnerships, LLCs, etc., on his website. Look under Corporations, Partnerships, Limited Liability Companies, General Partnerships, and Limited Liability Partnerships.
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South Dakota Certificate of Formation Filing Requirements
The filing requirements for a South Dakota certificate of formation (CofF) are different than those for a North Dakota CofF. Two types of filings are required for each state’s CofF; a public record filing and a private document filing. A public record filing is done at the county courthouse where the company was formed. A private document filing is done at the Secretary of State’s office. Both filings require the same information except for the name of the incorporator(s).
Public Record Filings
A public record filing requires the following documents:
– Articles of Incorporation
– Corporate seal
– List of directors
– List of officers
– Memorandum of authorization
Private Document Filings
A private document filing requires the following documents only if they have not already been filed as a public record filing:
– Articles of incorporation
– Corporate seal
List of Directors
List of Officers
Memorandum of Authorization
Filing the South Dakota Certificate of Formation
The filing fee for a South Dakota corporation is $100.00. This includes the cost of preparing the articles of incorporation, filing fees, and the corporate seal. If you are incorporating a foreign entity, there may be additional charges. You can file online at www.dcs.state.sd.us/BusinessServices/Corporations/Forms/CorporateForms.aspx
You can download forms from the website above. Forms include Articles of Incorporation, Bylaws, and a Certificate of Authority.
Step 1: Get Your Certificate of Formation Forms
To open an LLC in South Dakota, you must complete two forms: the Articles of Organization and the Operating Agreement. These forms must be filed with the Secretary of State’s Office. You can do it online; however, there are some things you should know about doing it online.
- If you use the online form, you will need to pay $10 for processing fees. This fee covers the costs of the online system and the employees who review your paperwork.
- You cannot file your Certificate of Formation online unless you are forming a corporation. You can still file online if you are forming a partnership or sole proprietorship.
- There are seven steps to completing the online form. Each step requires different information. For example, Step #7 asks for your social security number. However, if you don’t provide this information, you won’t be able to proceed further.
- Some states require additional forms. Check with your local Secretary of State’s Office to find out what those forms are.
- Before you start filling out the online form, make sure you read over everything carefully. Make sure you answer every question correctly.
- After you finish the online form, print the completed document and bring it to your county courthouse.
Step 2: Fill Out the Certificate of Formation
The next step is filing the incorporation papers with the Secretary of State’s Office. You’ll need to provide some basic information about yourself and the business. Here’s what you’ll need to know:
Entity Name: What do you want people to call the business? In most cases, it’s the same thing as the business name. For example, if your business is called “My Company,” you could use “My Company” as the entity name. If you want to keep things simple, you can just use the name of your business.
Business Purpose: Why do you want to form a corporation? Is it because you want to limit personal liability, or maybe you want to protect intellectual property? Whatever your reason, make sure you explain it clearly.
Designated Office: Where you want all corporate documents to be filed. Most states require corporations to file their paperwork with the Secretary of State. Some states allow companies to file directly with the county clerk.
Registered Agent: Who you choose to act on your behalf. Think of this like a mailbox address. Your registered agent receives mail addressed to the company and forwards it to you.
Duration: How long do you plan to operate your business? If you don’t plan to run the business for very long, you can set the duration to one year. However, if you think you will start up a small business and grow into a large operation over time, consider setting the duration to five years or longer.
Governing Authority Type: Whether you are operating under state or federal law. States usually regulate businesses differently than the federal government does.
Owner Liability: Whether you assume any legal responsibilities for the debts or liabilities incurred by the business.
Step 3: File the Certificate of Formation
To register an LLC, you have to complete three steps. First, you must file the Certificate of Formation. Second, you must pay the filing fee. Third, you must sign up for EIN registration.
The process is simple enough, but there are some essential things to remember. For example, it is possible to file the Certificate of Formation online. However, you cannot do this without paying the $200 filing fee. You can also file the Certificate of Formation by mail. This option costs less but requires you to send the documents to the Secretary of State’s office. Finally, you can avoid having to deal with paperwork by signing up for EIN registration online.
Frequently Asked Questions
Can you be your registered agent in South Dakota?
If you want to be able to offer legal services without having to worry about registering yourself as an attorney, you might consider hiring a registered agent. A registered agent is someone who acts on behalf of another person or entity. In most states, you must register yourself as a representative of your corporation or limited liability company (LLC). But what happens if you don’t like the way things work in your state? Or if you just want to do it yourself?
In South Dakota, there are no requirements for being a registered agent. However, if you choose to use one, you’ll still need to follow some guidelines. First, you must be a resident of the state. Second, you must be 18 years old or older. Third, you must live within the county where your registered office is located. Fourth, you must provide proof of identity and residency. Finally, you must file the necessary paperwork with the Secretary of State.
There are several benefits to acting as your own registered agent, including the ability to avoid paying annual fees. You won’t have to pay anything unless you actually perform services on behalf of the company. And even then, you’ll only be charged for those services.
Can I change my registered agent after I start an LLC?
Yes. If you are starting an LLC in South Dakota, you can change your registered agent at any time. All you need to do is submit a statement of change of registered agent with the South Dakota Secretary Of State’s office. There is no fee for doing this, and it does not require any action from the state.
The process is simple enough: fill out the online form, print it off, sign it, and mail it to the address listed on the form. You can find the form here.
James Rourke is a business and legal writer. He has written extensively on subjects such as contract law, company law, and intellectual property. His work has been featured in publications such as The Times, The Guardian, and Forbes. When he’s not writing, James enjoys spending time with his family and playing golf.