The South Dakota Secretary of State keeps the state's record of LLCs, corporations, nonprofits and trade names. Its Business Services team, sometimes listed as the Business/UCC Filings Division, works from the Capitol Building in Pierre. Filing and searching happen on the Business Services portal at sosenterprise.sd.gov, and online filings are processed immediately.
South Dakota does two things its own way. Each company has its own annual report date, tied to the month it was first filed. And trade names can be registered either online with the state or on paper at your county Register of Deeds.
Searching South Dakota business records
You can search by name with a Starts With or Contains match, or by the Secretary of State Business ID. Agents have their own search page, by name or agent number. There is no search by officer or director.
| Official business search | sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx (sdsos.gov, checked ) |
|---|---|
| You can search by | business name (Starts With or Contains), Secretary of State Business ID, registered agent name or registered agent number (separate page: https://sosenterprise.sd.gov/BusinessServices/Business/RaSearch.aspx), option: Active Entities Only (sosenterprise.sd.gov, checked ) |
| Name availability check | sosenterprise.sd.gov/BusinessServices/Business/NameAvailability.aspx (sosenterprise.sd.gov, checked ) |
| What a result means | Preliminary. FAQ: 'this is a preliminary name check only'. Portal note: availability 'does not guarantee that the name will be available at time of filing, and is subject to further review by the Secretary of State'. (sosenterprise.sd.gov, checked ) |
- Search by Name with Starts With or Contains, or by Business ID.
- Tick Active Entities Only to hide inactive records.
- The Name Availability tool is an exact-name search only; use the Business Information Search to check variations.
- Names must not sound the same as an existing name (Dear vs Deer).
From sosenterprise.sd.gov, checked .
The record will not list owners, because South Dakota does not collect them. You will see organizers for an LLC and incorporators and directors for a corporation.
What SD record statuses mean
Active, or Good Standing, means the entity is current. Delinquent means the annual report is two months overdue. After that, the company can be administratively dissolved or revoked.
| Status shown | What it means |
|---|---|
| Active / Good Standing | Entity is active and current; certificates of good standing are sold only for these. |
| Delinquent | Annual report not filed 2 months after the due date; $55 late fee applies (not for nonprofits). |
| Administratively Dissolved / Revoked | Can follow failure to file the annual report, failure to keep a valid registered agent, or unpaid rejected payments. Domestic entities can be reinstated; foreign entities must re-register. |
Status wording from sdsos.gov, checked .
Dissolution can also follow if the company loses its registered agent or a payment bounces. A home state company can be reinstated. A foreign one must register again from the start.
Filing fees in South Dakota
Forming an LLC or a business corporation costs $150 online. Paper adds $15, so the same filing costs $165 by mail. A nonprofit pays $30 with no paper charge. Out of state companies pay $750 for a certificate of authority online.
| Form an LLC | $150 (sdsos.gov, checked ) |
|---|---|
| Form a corporation | $150 (sdsos.gov, checked ) |
| Form a nonprofit | $30 (sdsos.gov, checked ) |
| Register an out-of-state LLC | $750 (sdsos.gov, checked ) |
| Reserve a name | $25 (sdsos.gov, checked ) |
| Annual or biennial report | LLC: $55 online, $70 paper; corporation: $55 online, $70 paper; nonprofit: $10 (sdsos.gov, checked ) |
| Good standing certificate | $20 online (color PDF, immediate download); $35 on paper (sdsos.gov, checked ) |
| Faster processing | $50 expedited fee (completion sooner than the normal course of business, on request) (sdsos.gov, checked ) |
Rather not file it yourself? Ask our private filing service about forming or reporting in South Dakota. State fees are separate.
Paper filings take 1 to 3 business days on average. If you need one done sooner, ask for expedited handling for $50. Online filings do not need it, since they go through right away.
The South Dakota annual report
Your report is due on the first day of the month in which the company was first filed. The window opens two months before that date. The fee is $55 online or $70 on paper, and $10 for a nonprofit.
| Fee | LLC: $55 online, $70 paper; corporation: $55 online, $70 paper; nonprofit: $10 (sdsos.gov, checked ) |
|---|---|
| When it is due | Due every year on the 1st day of the anniversary month of the original filing. Can be filed starting 2 months before the due date. Limited partnerships and business trusts do not file annual reports. (sdsos.gov, checked ) |
| If you file late | $55 late fee, charged if the report is not filed 2 months after the due date (entity becomes delinquent; late fees start on the 1st day of the 2nd month after the due month). Nonprofits are exempt from the late fee. Continued delinquency can lead to administrative dissolution. Reinstatement: LLC $150 plus delinquent reports and fees; corporation $300 plus fees; nonprofit $30 plus fees; LLP $125 plus fees. (sdsos.gov, checked ) |
| Where to file | sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx (sdsos.gov, checked ) |
| Processing time | Online filings are processed immediately. Paper filings average 1 to 3 business days. (sdsos.gov, checked ) |
Leave it two months past the due date and the company turns Delinquent, with a $55 late fee. Reinstating a dissolved LLC costs $150 plus the missed reports and fees, and a corporation pays $300. For-profit companies also need a Tax Clearance Certificate from the Department of Revenue to reinstate.
Picking a name in South Dakota
LLC names end in a form such as LLC, L.L.C., L.C. or "limited company". Corporations use corporation, company, limited or their short forms. Your name must be distinguishable on the Secretary of State's records, and the office reads that as not sounding the same as another name.
| LLC name must include | limited liability company, limited company, L.L.C., LLC, L.C., LC. 'Limited' may be Ltd. and 'company' may be Co. (sdlegislature.gov, checked ) |
|---|---|
| Corporation name must include | corporation, incorporated, company, limited, or corp., inc., co., ltd., or like terms in another language (sdlegislature.gov, checked ) |
| Words that are limited | 'Trust' is a regulated word. Names containing it need approval from the SD Department of Labor and Regulation, Division of Banking, and must be filed on paper, not online. (sdsos.gov, checked ) |
| How different a name must be | Name must be 'distinguishable upon the records of the secretary of state' from other corporations, LPs, LLCs, reserved and registered names (SDCL 47-34A-105(b) for LLCs; SDCL 47-1A-401.1 for corporations). The SOS FAQ explains this as names that do not sound the same: Dear LLC and Deer LLC are not distinguishable. (sdsos.gov, checked ) |
| Reservation fee | $25 (sdsos.gov, checked ) |
| Reservation lasts | 120 days (sdlegislature.gov, checked ) |
The word trust is regulated. A name with it needs approval from the Division of Banking, and the filing must go in on paper. A reservation costs $25 and lasts 120 days. For an LLC you cannot reserve the same name again until 60 days after it lapses.
Registered agent in South Dakota
Your agent needs both a physical and a mailing address in South Dakota. You can use a noncommercial agent, such as a resident or a registered business, or a commercial agent listed with the Secretary of State. A corporation may name an officeholder as agent, but an LLC may not.
Registered agent must be a South Dakota resident with both a physical and a mailing address in the state. Options: noncommercial agent (SD resident individual, or business entity registered in SD), commercial registered agent (registered with the SOS, $100 registration), or an officeholder (not allowed for LLCs). Statute: SDCL chapter 59-11. (sdsos.gov, checked )
To swap agents, follow our guide on changing your registered agent.
Certificate of Good Standing/Existence
South Dakota uses one combined name for this document. The online version costs $20 and arrives as a color PDF. A paper copy is $35. The office only issues it to active entities in good standing.
| What the state calls it | Certificate of Good Standing/Existence (sdsos.gov, checked ) |
|---|---|
| Fee | $20 online (color PDF, immediate download); $35 on paper (sdsos.gov, checked ) |
| Where to order | sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx (sdsos.gov, checked ) |
Trade names (DBA)
A trade name costs $10 to register, amend or renew, online or at the county. Cancelling one is free. Each registration lasts five years and can be renewed from 30 days before it ends. Filing a DBA does not create an LLC or corporation.
Both. File online with the Secretary of State, or on paper at the county Register of Deeds. Fee $10 per name for registration, amendment or renewal, same online or at the county; cancellation free. Registration lasts 5 years, renewable from 30 days before expiry. Required by SDCL 37-11-1 unless the name shows each owner's true surname or is already on file with the SOS. A DBA does not create an LLC or corporation. (sdsos.gov, checked )
Calling SD Business Services
| Office | South Dakota Secretary of State (sdsos.gov, checked ) |
|---|---|
| Division | Business Services (Business/UCC Filings Division) (sdsos.gov, checked ) |
| Officeholder | Monae L. Johnson (sdsos.gov, checked ) |
| Phone | 605-773-4845 (Business Filings); main office 605-773-3537; fax 605-773-4550 (sdsos.gov, checked ) |
| Hours | 8am to 5pm Central Time, Monday through Friday; closed on recognized holidays (sdsos.gov, checked ) |
| Mailing address | Secretary of State, Capitol Building, 500 East Capitol Avenue Ste 112, Pierre, SD 57501-5070 (sdsos.gov, checked ) |
| Street address | Capitol Building, 500 East Capitol Avenue Ste 112, Pierre, SD 57501-5070 (sdsos.gov, checked ) |
| Contact page | sdsos.gov/contacts/default.aspx (sdsos.gov, checked ) |
Call the business filings line before you visit Pierre in person, and ask them to confirm the walk-in address. Remember that the hours are in Central Time, and the office closes on state holidays.
Sources
- sdsos.gov/contacts/default.aspx: office name, division, contact page. Checked .
- sdsos.gov/about-the-office/about-secretary-johnson.aspx: officeholder. Checked .
- sdsos.gov/Business-Services/corporations/contact.aspx: mailing address, street address, phone, hours, restricted words, name rule, report due date, late penalty, online filing, processing time, good standing certificate, certificate ordering, registered agent rule, status terms, assumed names (DBA). Checked .
- sdsos.gov/general-information/filing-fees.aspx: business search, name reservation fee, LLC filing fee, corporation filing fee, nonprofit filing fee, foreign LLC fee, report fee, expedite fees, certificate fee. Checked .
- sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx: search fields, search tips. Checked .
- sosenterprise.sd.gov/BusinessServices/Business/NameAvailability.aspx: name check, search disclaimer. Checked .
- sdlegislature.gov/api/Statutes/47-34A-105.html: LLC name endings, name reservation term. Checked .
- sdlegislature.gov/api/Statutes/47-1A-401.html: corporation name endings. Checked .