FormByStateState guide
How to form an LLC in South Dakota
The steps
Step 1: Choose a name
Pick a company name and confirm it is available in South Dakota. The name search sits with South Dakota Secretary of State, Business Services Division. Keep the name distinct from companies already on the state register.
Step 2: Appoint a registered agent
An individual resident of the state or a business entity authorized to transact business in the state may serve as registered agent. Decide now whether that will be you or a commercial service, because the filing asks for the agent name and address.
Step 3: File the Articles of Organization
File with South Dakota Secretary of State, Business Services Division and pay the state formation fee of $150. This filing is what creates the LLC.
Step 4: Write an operating agreement
An operating agreement records who owns the company, who runs it, and what happens if an owner leaves. It is an internal document in most states, but banks and partners ask for it.
Step 5: Get a tax ID number and set your calendar
Apply to the Internal Revenue Service for an employer identification number at no charge, open a company bank account, and record the Annual Report deadline from this page so the first report is never a surprise.
State fees
| Charge | Amount |
|---|---|
| Formation fee, Articles of Organization | $150 |
| Annual Report, each year | $55 |
| Annual state fee | None, $0 |
| Paid to the state, year one | $205 |
| Paid to the state, every year after | $55 |
Registered agent rules in South Dakota
Who may serve: An individual resident of the state or a business entity authorized to transact business in the state may serve as registered agent.
A physical street address in the state is required.
A post office box alone is not enough. Must maintain a physical street address in the state during normal business hours.
Not sure which route fits you? Run the registered agent checker for South Dakota.
Reports and deadlines
Report: Annual Report. Fee: $55 each filing, each year.
Rule: Due during the anniversary month each year, by the first day of the anniversary month under the current schedule. Online fee is $55; paper filing is higher. Exact dates depend on your formation date. The compliance calendar for South Dakota turns the rule into dates from your formation date.
Late fee: $55 delinquency penalty. Administrative dissolution for failure to file.
What you pay the state every year after
You pay the state $55 every year after year one in South Dakota, counting the report fee spread across its filing cycle and any annual state fee. The formation fee itself is paid once, in year one. A formation service company and a commercial agent add their own charges on top of that floor. The formation service chart below adds each service route to these state fees.
What it costs to hand it over to a formation service company in South Dakota
Do not want the headache of filing all the paperwork yourself, or the worry of missing a deadline and falling out of good standing? No problem. Plenty of formation service companies are willing to take the whole burden off your hands. They file the form with the state, act as your registered agent, and remind you before every yearly filing comes due. This chart prices each one in South Dakota, with the state fees already added in, so you can see the full cost of handing it over.
| Formation service company | Plan | Registered agent | State filing fees, first year | State fees, every year after | Total, first year | Total, every year after |
|---|---|---|---|---|---|---|
| Bizee | Basic, $0 | $0 in year one, then $149 a year | $205 | $55 | $205 | $204 |
| Northwest Registered Agent (our pick) | LLC formation, $39 | $0 in year one, then $125 a year | $205 | $55 | $244 | $180 |
| ZenBusiness | Starter, $0 | $199 a year | $205 | $55 | $404 | $254 |
| Tailor Brands | Lite, $0 | $199 a year | $205 | $55 | $404 | $254 |
| LegalZoom | Basic, $0 | $249 a year | $205 | $55 | $454 | $304 |
The plan price is printed with the plan name. The agent column is what that formation service company charges to act as your registered agent. In South Dakota, the state column is every state charge due in the first year, of which the Articles of Organization fee is $150. Each total adds the state column for that year, the plan price, and the agent charge for that year. No add ons are included. Extras like an operating agreement cost more.
Frequently asked questions
How much does it cost to form an LLC in South Dakota?
The state filing fee in South Dakota is $150 for the Articles of Organization. What you pay the state in year one comes to $205, counting any report fee due in year one and any annual state fee. A formation service company and a commercial agent add their own charges on top.
How much does an LLC in South Dakota cost each year?
The recurring state charges in South Dakota are: Annual Report $55 each year. After year one, you pay the state $55 a year.
Do I need a registered agent in South Dakota?
Yes. An individual resident of the state or a business entity authorized to transact business in the state may serve as registered agent. Must maintain a physical street address in the state during normal business hours.
When is the Annual Report due in South Dakota?
Due during the anniversary month each year, by the first day of the anniversary month under the current schedule. Online fee is $55; paper filing is higher. The fee is $55 each filing.
Source: South Dakota Secretary of State, Business Services Division, https://sdsos.gov/general-information/filing-fees.aspx. State information checked on 2026-10-25. Service prices on this site were checked on merchant pricing pages on October 25, 2026.