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<v Dan>To start an LLC in South Dakota, you file Articles of Organization online with the

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<v Dan>South Dakota Secretary of State, and the fee is $150.

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<v Maya>Can I still file on paper?

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<v Dan>You can, but it's $165 on paper.

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<v Dan>Online is cheaper.

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<v Maya>This is The Business Formation Podcast.

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<v Maya>Today, South Dakota for 2026: six steps, every fee, and the three best ways to have

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<v Maya>it filed for you. Let's start with the name.

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<v Dan>End your name with limited liability company, limited company, or an abbreviation

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<v Dan>like LLC or LC.

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<v Maya>And what makes a name acceptable?

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<v Dan>It has to be distinguishable from the names on the Secretary of State's records.

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<v Maya>How do I find out?

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<v Dan>The state has a free name availability tool.

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<v Dan>Search there first.

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<v Maya>What if I want to hold a name for a few months?

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<v Dan>A reservation is $25 and lasts 120 days.

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<v Maya>Who can be our agent in South Dakota?

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<v Dan>There are two kinds. A noncommercial agent is a South Dakota resident, or a business

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<v Dan>registered in the state. The other kind is a commercial registered agent, registered

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<v Dan>with the Secretary of State.

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<v Maya>What does the address have to look like?

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<v Dan>The agent needs both a physical address and a mailing address in South Dakota.

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<v Maya>I'm Maya, by the way, here with Dan.

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<v Dan>Good to be here, Maya. One thing to remember is that the agent's address is public.

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<v Maya>And if we switch agents later?

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<v Dan>Changing agents is $10 online.

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<v Maya>Where do I file?

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<v Dan>Business Services Online, run by the Secretary of State.

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<v Dan>The fee is $150.

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<v Maya>What happens after I pay?

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<v Dan>Online filings are processed immediately.

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<v Dan>Once payment goes through, you can download your certificate.

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<v Maya>Right away?

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<v Dan>Right away. Paper is slower, averaging one to three business days, and the paper fee

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<v Dan>includes $15 for processing.

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<v Maya>So who's named on the form?

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<v Dan>The Articles list the organizers, not the owners.

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<v Maya>Does South Dakota collect it?

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<v Dan>No. It's an internal document, and it isn't filed with the Secretary of State.

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<v Maya>So why bother?

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<v Dan>Because it settles the questions later.

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<v Dan>Who owns what, how profits are split, who makes decisions, and what happens if a

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<v Dan>member leaves.

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<v Maya>Put it in writing.

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<v Dan>Yes, in writing.

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<v Maya>What about the federal number?

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<v Dan>An EIN. You apply free with the IRS at IRS.gov, after the state files your

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<v Dan>Articles.

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<v Maya>How fast is it?

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<v Dan>If the online application is approved, the number is issued right away.

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<v Maya>And the ownership report?

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<v Dan>You can skip it. FinCEN no longer requires one from U.S.

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<v Dan>companies.

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<v Maya>What does South Dakota want after that?

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<v Dan>An annual report, due by the first day of your anniversary month every year.

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<v Dan>It's $55 online.

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<v Maya>Give me an example.

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<v Dan>Say you form in June. Your first report is due June 1 of the next year.

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<v Maya>And if I'm late?

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<v Dan>Two months past due, the LLC goes delinquent, and there's a $55 late fee.

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<v Maya>What if I stay delinquent?

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<v Dan>The state can administratively dissolve the LLC.

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<v Dan>Reinstatement is $150, and you need a tax clearance certificate.

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<v Maya>Is the paper version more?

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<v Dan>It's $70, so file online.

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<v Maya>Give me the do-it-yourself total.

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<v Dan>$150 to form the LLC online. Then $55 a year for the annual report.

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<v Dan>The EIN is free.

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<v Maya>And the optional parts?

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<v Dan>A name reservation is $25, and an agent change is $10.

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<v Maya>So years one and two, with the first report?

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<v Dan>$205 across the first two years.

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<v Maya>Anything changing on the report?

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<v Dan>Starting January 1, 2027, new entities can choose a January 31 due date instead.

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<v Maya>Instead of the anniversary month?

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<v Dan>That's what the statute says. It's SDCL 59-11-25, and it applies to new entities.

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<v Maya>So how do I plan around that?

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<v Dan>Check the due date on the Secretary of State's site when you form.

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<v Dan>Don't assume.

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<v Maya>Let me come back to the two agent types.

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<v Maya>When does each make sense?

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<v Dan>A noncommercial agent can be you or a friend, if that person lives in South Dakota.

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<v Maya>And the catch?

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<v Dan>The address is public, and papers show up at that address.

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<v Dan>A commercial agent handles that for you.

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<v Maya>Does the Secretary of State keep a list?

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<v Dan>Commercial agents register with the Secretary of State, so they're set up for it.

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<v Maya>What would I need from the agent?

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<v Dan>A physical address and a mailing address in the state, same as anyone.

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<v Maya>Compare the two ways to file.

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<v Dan>Online is $150, processed immediately, and you download the certificate after you

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<v Dan>pay.

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<v Maya>And on paper?

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<v Dan>$165, which includes the $15 processing fee, and it averages one to three

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<v Dan>business days.

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<v Maya>Same for the annual report?

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<v Dan>Yes. $55 online, $70 on paper.

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<v Maya>So online wins every time.

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<v Dan>On price and on speed, yes.

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<v Maya>Walk me through how an LLC goes wrong.

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<v Dan>You miss the first day of the anniversary month.

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<v Dan>Two months later, the LLC is delinquent.

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<v Maya>And the cost of that?

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<v Dan>A $55 late fee on top of the $55 report.

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<v Maya>And beyond that?

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<v Dan>Continued delinquency can lead to administrative dissolution.

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<v Dan>Then it's $150 to reinstate, plus the tax clearance certificate.

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<v Maya>So mark the date.

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<v Dan>Put it in your calendar the day you form.

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<v Maya>Give me the order of operations.

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<v Dan>Search the name. Choose your agent.

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<v Dan>File the Articles online for $150.

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<v Maya>Then?

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<v Dan>Write the operating agreement, get your EIN, and mark the first day of your

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<v Dan>anniversary month for the $55 report.

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<v Maya>What if I'd rather someone else handle all this?

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<v Dan>Here are the three best ways to file in South Dakota.

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<v Dan>Number one, our pick, is Mainstay Filing, $199 a year plus the state fee.

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<v Dan>With the $150 state fee, checkout comes to $349.

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<v Maya>What's included?

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<v Dan>Your Articles filed, your EIN application, and your registered agent every year.

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<v Dan>It renews at the same $199.

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<v Maya>And the report?

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<v Dan>Mainstay files your annual report in your anniversary month every year.

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<v Dan>You pay only the $55 state fee.

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<v Maya>Number two?

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<v Dan>SD Registered Agent.org. It prepares and files your Articles for $199 plus the

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<v Dan>state fee, also $349 at checkout.

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<v Dan>The first year of agent service is free, then $99 a year.

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<v Maya>And three?

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<v Dan>South Dakota Registered Agent.co.

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<v Dan>Same offer: $199 plus the state fee, first year of agent service free, then

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<v Dan>$99 a year.

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<v Maya>How do I choose?

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<v Dan>If you'll file the annual report yourself, numbers two and three cost less from year

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<v Dan>two, at $99 a year for the agent alone.

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<v Dan>The $55 state fee is the same either way.

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<v Maya>Give me the three-year view.

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<v Dan>Mainstay is $199 a year, so $597.

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<v Dan>Number two or three is $199 in year one, then $99 in each of the

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<v Dan>next two years, for $397.

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<v Maya>That's a $200 gap.

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<v Dan>With Mainstay, that gap pays for your annual report to be filed for you each year.

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<v Maya>Can you recap?

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<v Dan>Choose a name with LLC in it, name a noncommercial or commercial registered agent,

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<v Dan>file the Articles online for $150, write an operating agreement, get your free EIN,

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<v Dan>and file your $55 annual report in your anniversary month each year.

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<v Maya>The links to all three services and every official source are in the show notes.

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<v Maya>Thanks for listening to The Business Formation Podcast, and good luck with your new

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<v Maya>South Dakota LLC.