LLC Filing Guide › South Dakota
How to file an LLC in South Dakota (2026)
File the Articles of Organization with the South Dakota Secretary of State to create a South Dakota LLC. The filing fee is $150. South Dakota LLCs file an Annual Report every year, due due during the entity's anniversary month, for $55. Every South Dakota LLC must keep a registered agent with a South Dakota street address.
- Official sources, checked October 20, 2026
- Prices verified October 2026
How to form an LLC in South Dakota
- Pick a name with “LLC” or “Limited Liability Company” in it, and check that it’s free on the South Dakota Secretary of State business records.
- Name a registered agent: a commercial registered agent listed with the state, a noncommercial agent (an individual or entity with a South Dakota address), or the title of an office in the company.
- File the Articles of Organization with the South Dakota Secretary of State and pay $150.
- Get an EIN from the IRS. It is free and comes after the LLC is formed.
- Sign an operating agreement among the members. It sets ownership and voting rules and stays with your records.
- File the yearly report. South Dakota LLCs file an Annual Report every year, due due during the entity's anniversary month, for $55.
Mainstay Filing takes care of the agent, the filing, the EIN application and each annual report for $199 a year plus South Dakota’s fees.
South Dakota LLC fees and rules
- State filing fee
- $150
- Formation document
- Articles of Organization
- Filed with
- South Dakota Secretary of State
- Yearly filing
- Annual Report, every year, $55
- Due
- Due during the entity's anniversary month each year
- Registered agent
- Required. A commercial registered agent listed with the state, a noncommercial agent (an individual or entity with a South Dakota address), or the title of an office in the company.
- Agent address
- The address has to be an actual street address or rural route box number in South Dakota, plus a South Dakota mailing address if it differs.
- Filing fee rank
- 37th lowest of 50 (36 states charge less, 11 charge more)
South Dakota compared with neighboring states
Mainstay Filing
$199 / year, all-in, plus state fees
$199 a year plus South Dakota’s $150 filing fee, which is passed through at cost.
- LLC formation, prepared and filed
- Registered agent, all year
- EIN application (with an SSN or ITIN)
- Annual report, prepared and filed every year it’s due
- Compliance reminders
The same $199 at renewal. Already have an LLC and only need an agent? Mainstay Filing’s registered agent service alone is $149 a year.
Prices verified October 21, 2026 on Mainstay Filing’s pricing and FAQ pages.
South Dakota LLC questions
How much does it cost to start an LLC in South Dakota?
$150 to the state to file. South Dakota LLCs file an Annual Report every year, due due during the entity's anniversary month, for $55. With Mainstay Filing, the formation filing, registered agent, EIN application and annual reports are $199 a year on top of the state fees.
Does South Dakota require an annual report for LLCs?
Yes. South Dakota LLCs file an Annual Report every year, due due during the entity's anniversary month, for $55.
Do I need a registered agent in South Dakota?
Yes. A commercial registered agent listed with the state, a noncommercial agent (an individual or entity with a South Dakota address), or the title of an office in the company.
Can I form a South Dakota LLC myself?
Yes. You can file the Articles of Organization directly with the South Dakota Secretary of State and pay the $150 fee. A service such as Mainstay Filing files it for you and adds the registered agent, EIN application and annual reports for $199 a year.
Other formation services
- Northwest Registered Agent: $39 plus the state fee, with its registered agent service included the first year, then $125 a year; annual report filing is an extra $100 plus the state fee.
- ZenBusiness: Starter package $0 plus the state fee; Pro is $199 a year with the EIN and annual-report filing, and its registered agent is a separate $199 a year that no package includes.
- Bizee: Basic package $0 plus the state fee (Standard $199, Premium $299), with one free year of its registered agent, which is $149 a year after that.
- LegalZoom: Basic package $0 plus the state fee (Pro $249, Premium $299); its registered agent is $249 a year for first-time agent customers.
Prices from each company’s own pages, checked October 20, 2026. Plus the state fee in every case.
Sources
- SDCL 47-34A-203 (articles of organization); fee set by SDCL 47-34A-212 (multira state research spine): sdlegislature.gov/Statutes/47-34A-212, checked August 12, 2026
- South Dakota formation fee: Filing fee, official source read 2026-10-01: sdsos.gov/general-information/filing-fees.aspx, checked October 1, 2026
- South Dakota formation fee: Filing fee, official source read 2026-10-01: sdlegislature.gov/api/Statutes/47-34A-212.html, checked October 1, 2026
- South Dakota Secretary of State, Business Services / Corporations Division (multira state research spine): sdsos.gov/docs/business/llc-domestic-annualreport.pdf, checked August 12, 2026
- South Dakota Secretary of State, Business Services / Corporations Division (multira state research spine): sosenterprise.sd.gov/BusinessServices/Business/AnnualReportInstr.aspx, checked August 12, 2026
- South Dakota yearly filing: Annual report: fee and how, official source read 2026-10-01: sdlegislature.gov/api/Statutes/59-11-24.html, checked October 1, 2026
- South Dakota report due date (multira state research spine, due dates verified 714/714): sdlegislature.gov/Statutes/47-34A-211, checked August 12, 2026
- South Dakota registered agent statute (SDCL 59-11-6): sdlegislature.gov/Statutes/59-11-6, checked October 20, 2026