The short answer is no.  The state of South Dakota does not legally require a lawyer to form a South Dakota Limited Liability Company (LLC).

Our detailed LLC Information page may help you understand some of the implications of forming a South Dakota LLC.  However, if there is anything about Forming a LLC in South Dakota that you're not sure about you should seek the advice of a competent South Dakota lawyer, a South Dakota accountant, or a South Dakota Business advisor before you form a LLC in South Dakota. 

Once you have made the decision to Form a LLC in South Dakota, a South Dakota lawyer can file your documents and act as a middle man for a few hundred dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you can use in your new

You are not legally required to reserve a Company Name for a new South Dakota LLC before you submit your application to Form a LLC in South Dakota.

Whether or not you need to reserve a company name for your new South Dakota LLC depends entirely on your business situation.  The South Dakota Secretary of State uses names on a first come first served basis.  So if you think that someone may snatch the Company Name that you have in mind, you may want to reserve that South Dakota Company Name.

If the Name you have chosen for your new South Dakota LLC is already in use by a currently active South Dakota Corporation or LLC, and you still want to use that LLC Name, then you will have to register a DBA Name with the South Dakota Secretary of State.  "DBA" is an abbreviation for "Doing Business As."

We verify that the Name you have chose for your new South Dakota LLC is available before we submit your new LLC filing to the South Dakota Secretary of State.  If necessary we can register a DBA Name in South Dakota for you so that you can open your new South Dakota business as quickly as possible.

1. Choose a name for your South Dakota LLC
   
   Your South Dakota LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.
   
   In any case, the South Dakota LLC name that you choose must be distinguishable from the name of any other registered South Dakota LLC or other registered South Dakota business entity, such as a South Dakota Corporation or LLP.  The LLC name must also be different from any reserved names on record with the state of South Dakota.  Your South Dakota LLC name must not imply that it was formed for a purpose other than that stated in your Articles of Organization; and your South Dakota LLC name must not be a name that is likely to mislead the public.
   
   The name of a South Dakota LLC must include the word "LLC" or "Limited Liability Company" or an abbreviation of one of these words.
   
   It's important to choose a good name for your South Dakota LLC because if you want to change it after you Form a LLC in South Dakota you will have to file amended Articles of Organization with the South Dakota Secretary of State (and pay a fee). We will:
   • Check to make sure that your South Dakota LLC name is available
   • Make sure your South Dakota LLC name conforms to state of South Dakota regulations
   • Reserve your South Dakota LLC name with the South Dakota Secretary of State
2. Select an official address and a Registered Agent for your South Dakota LLC
   
   Every South Dakota LLC must have an address that is physically located in the state of South Dakota.  This address is "registered" with the South Dakota Secretary of State.  The Registered Address is where official and legal correspondence can be delivered.
   
   The individual or company that is registered with the state of South Dakota to receive all correspondence on behalf of the South Dakota LLC is called a "Registered Agent" or "Agent for Service of Process".  You may act as your own Registered Agent, however, many South Dakota LLCs hire a Registered Agent because they don't have a physical address within the state of South Dakota or to provide a distinct level of privacy.
   
   We can act as the official Registered Agent for your South Dakota LLC.
3. Determine who will be Members and who will Manage your South Dakota LLC
   
   The owners of a South Dakota LLC are called Members - not Partners or Shareholders.  (a South Dakota Limited Liability Company does not issue stock).  Members make all business decisions and realize the financial benefits generated by the South Dakota LLC.  Division of ownership and distribution of profits are decided by private agreement among the Members.  Each South Dakota LLC must have at least one Member.  Members need not live in the state of South Dakota or be citizens of the United States.
   
   Managers are responsible for the day to day operation of the South Dakota LLC.  Members elect or appoint Managers and have the power to remove them.  Managers may or may not be Members of the South Dakota LLC.  Management for your South Dakota LLC may be defined in your Articles of Organization or, more commonly, in an Operating Agreement.
4. Determine how you want your South Dakota LLC to be taxed
   
   The IRS does not recognize a Limited Liability Company as a classification for federal tax purposes.  South Dakota LLC Members can elect for the IRS to tax the LLC as a sole proprietorship, partnership, C Corporation, or S Corporation.  This decision may be made after the South Dakota LLC is created.  If a single Member South Dakota LLC does not declare a tax classification it is taxed the same as a sole proprietorship.  A multiple Member South Dakota LLC that does not declare a tax classification is taxed as a general partnership.  More specific federal LLC tax information can be found at the IRS web site.
   
   If you choose to be taxed as an S Corporation, we can prepare the S Corporation election form for your South Dakota LLC and include it with your LLC formation documents.
5. File Articles of Organization with the South Dakota Secretary of State
   
   A South Dakota Limited Liability Company is a type of business that is authorized by the state of South Dakota - not by the federal government.  In order to form a LLC in South Dakota you must file Articles of Organization with the South Dakota Secretary of State. The Articles of Organization must include certain specific information about your South Dakota LLC.  If the Articles do not conform exactly to state of South Dakota requirements they will be rejected.  You may subsequently amend the Articles of Organization for your South Dakota LLC but you will have to pay a fee to the state of South Dakota in order to make the changes official.
   
   We can prepare and file your Articles of Organization with the South Dakota Secretary of State.  We've been doing it for over 10 years.
6. Get a Federal Employer Identification Number (FEIN) for your South Dakota LLC
   
   A Federal Employer Identification Number, also known as a Federal Tax Identification Number, is used by the IRS to identify a business entity.  An FEIN is like a Social Security Number for your South Dakota LLC.  All South Dakota LLCs electing to be taxed as a C-Corporation or S-Corporation are required to have a FEIN.
   
   If you do not elect to have your South Dakota LLC taxed as a Corporation you may still need to get a FEIN if it is composed of multiple members or if you plan to have employees.
   
   If you plan to form a Single Member South Dakota LLC you may not need a separate FEIN for the LLC if you have no employees.  The sole Member of a Single Member South Dakota LLC may be able to use his or her Social Security Number instead of applying for an FEIN.  You may request a FEIN for your South Dakota LLC for banking or state tax purposes, but an FEIN may not be required for federal tax purposes depending on your business circumstances.
   
   We can get a FEIN for your South Dakota LLC as soon as it is approved by the South Dakota Secretary of State.

1. Conduct an Organizational Meeting and adopt an Operating Agreement
   
   An Operating Agreement defines the rules by which your South Dakota LLC will operate.  It is the core document that is referred to when issues concerning your LLC need to be resolved.  Operating Agreements may include requirements for almost anything that involves the management and operation of your South Dakota LLC.  By having an Operating Agreement all Members will be provided with a clear set of rules they have agreed upon thus reducing the likelihood of disagreement in the future.
   
   Items commonly included in an Operating Agreement for a South Dakota LLC:
   
   
   • Rights and duties of Members
   • Member contributions
   • Record keeping and reporting requirements
   • Distribution of profits
   • Allocation of losses

   • Management duties
   • Meeting requirements
   • Voting requirements
   • Admission and termination of Members
   • Dissolution procedures
   
   Although an Operating Agreement is not required in the state of South Dakota, if you plan to form a multiple Member South Dakota LLC it is highly advisable to have one.  Having an Operating Agreement will save you a lot of time and money should conflict arise down the line.  As your South Dakota LLC grows over time, you may amend your Operating Agreement as necessary.
   
   When your South Dakota LLC has an Operating Agreement your business will be governed by your own rules and not some canned business rules created by the state of South Dakota.
   
   
2. Open a Business Bank Account in South Dakota
   
   It's very important that you have a separate business bank account for your South Dakota LLC.  Mixing personal and business funds may get you in a lot of trouble with the tax man down the line.  It's a good idea to contact the bank before you open a business bank account for your South Dakota Limited Liability Company.  Specific requirements vary from bank to bank. 
   
   In most cases you will need a FEIN, a copy of your South Dakota LLC Articles of Organization, and a resolution identifying authorized signers if those names are not listed in the Articles.
   
   
3. Obtain Business Licenses from the cities and counties in which you plan to do business
   
   Note that forming a South Dakota LLC doesn't take the place of obtaining a business license, tax registration certificate, or other required business permits.  A South Dakota LLC merely creates an ownership structure that limits the owner's personal liability.  You may still need to take care of getting set up to do business with your local government.
   
   Depending on the nature of the business and the location of your South Dakota LLC you may need to get one or more city business licenses or permits.  The business licenses or permits that are required for your South Dakota LLC vary depending on your business activities and the specific locations within the state of South Dakota in which you want to conduct business.
   
   If your South Dakota LLC will be selling products in South Dakota you may be required to obtain a Reseller's Permit from the appropriate South Dakota state agency.  If your South Dakota LLC will be selling products in South Dakota you will also be responsible for all applicable local and state of South Dakota sales taxes if there are any.
   
   We can research and prepare the necessary forms for your required business licenses and permits and include them in your South Dakota LLC package.
4. File the required South Dakota LLC reports
   
   Each South Dakota LLC must file a with the South Dakota Secretary of State.
   
   The South Dakota includes basic information about your South Dakota LLC.  Failure to submit a properly completed South Dakota to the South Dakota Secretary of State on or before the due date may subject the South Dakota LLC to being administratively dissolved in the state of South Dakota or having its authority to transact business in the state of South Dakota revoked by the South Dakota Secretary of State.  Penalties may accrue if you fail to file any South Dakota LLC to the South Dakota Secretary of State by the due date.
   
   
5. Keep proper records of your South Dakota LLC on file
   
   Keep the following records on file and available at the principal business office of your South Dakota LLC:
   • Names and addresses of all Members and Managers of the South Dakota LLC
   • Articles of Organization for the South Dakota LLC and any Amendments to them
   • Copies of all tax returns and reports for the South Dakota LLC for the last 3 years
   • If the South Dakota LLC has an Operating Agreement, a copy of the Operating Agreement and any Amendments
   • Copies of any LLC Resolutions which have been adopted by the South Dakota LLC

In order to Form a LLC in South Dakota you'll need the following information about your new Company:

• The name of your new South Dakota LLC along with your second choice of a name in case the name that you want is not available
  
• Physical address of the LLC office in South Dakota (not a PO Box)
  
• Name and address of your South Dakota Registered Agent (not a PO Box)
  
• Who is going to manage the day to day operation of your South Dakota LLC
• Names and addresses of each Manager of your South Dakota LLC
• When your South Dakota LLC will start and when it will cease to exist (normally the LLC starts on the date the application is filed and will exist perpetually)

You do not have to name the Members of a
South Dakota LLC in the Articles of Organization.

While you are not required to name the Members of a new South Dakota LLC you still may include Member information with your initial South Dakota LLC filing.

Remember - ALL the information that you provide when you Form a LLC in South Dakota becomes part of the public record.  Our data entry forms include the absolute minimum amount of information that is required in order to Form a Limited Liability Company in South Dakota.

Processing times for new South Dakota LLC applications vary depending on the work load of the Secretary of State's staff.  We've found that normal processing of new South Dakota takes the state around 2-3 weeks.  Add 2-3 days for the time period for shipping the final documents by mail.  Choosing our Express Mail option can shave a couple of days off the total processing time for your South Dakota LLC. We are dependent on, and have no control over, the staff and systems of the South Dakota Secretary of State.

In our experience 2-3 weeks is the time it usually takes the South Dakota Secretary of State to process a new South Dakota LLC application. We get your South Dakota LLC application to the SD Secretary of State ASAP. Once it is at the state we have no control over the new South Dakota LLC application process.

The state of South Dakota charges $167.00 to form a new LLC.  This is the cost of filing and getting a Certified Copy of your Articles of Organization from the SD Secretary of State.  If you choose All Business Documents to help you form your LLC in South Dakota, our processing fees are $125.00.  We start processing your new South Dakota LLC order as soon as we get it.

Total cost includes:

• Name Check and Reservation
• Prepare Articles of Organization
• File Articles of Organization with the South Dakota Secretary of State
• Certified Copies of Articles
• South Dakota LLC Checklist
• Priority Mail Delivery
• Unlimited Customer Support

You want to do business in the state of South Dakota but are registered as a Domestic LLC in another state.  In order to legally conduct business in the state of South Dakota you must register with the South Dakota as a South Dakota Foreign LLC.  The process of registering as a Foreign LLC in the state of South Dakota is called South Dakota LLC Foreign Qualification. 

The process of South Dakota LLC Foreign Qualification is similar to the process of forming a Domestic LLC in the state of South Dakota.  Your original formation documents (usually called Articles of Organization) and LLC Operating Agreement apply to your South Dakota Foreign LLC.  The Members and Managers of your Domestic LLC have the same roles in the South Dakota Foreign LLC.