There are three ways to incorporate your business in South Dakota:

  1. Hire a lawyer to do the job for you (the most expensive option)
  2. Walk in to the Secretary of State office and do it by yourself
  3. Use a professional incorporation company, like Active Filings.

South Dakota Articles of Incorporation Requirements

The Articles of Incorporation is the formation document you file with the South Dakota Secretary of State to register your corporation with the state (LLCs file Articles of Organization). In South Dakota, you can file Articles of Incorporation by mail, fax or in person (it will take the SOS 14 to 21 days to process your filing). If you hire Active Filings to incorporate your business, we are authorized to file online with the state, and we’ll form your LLC or corporation in 1 business day.

To complete your South Dakota Articles of Incorporation, you’ll need to include the following information:

Company Name The name may not be the same as or descriptively similar to name of any domestic or qualified foreign corporation or to any reserved or registered name or the name of any limited partnership unless consent is obtained. The name must contain the word “corporation”, “company”, “incorporated”, “limited” or an abbreviation thereof. The name must not imply that it is organized for any purpose other than that stated in articles of incorporation. The name may not be same as, or deceptively similar to, a name in use by other domestic corporation or authorized foreign corporation in South Dakota.
Company Purpose List the reason for forming the corporation or the business/activity which the corporation will engage in.
Authorized Shares List the number of shares of corporate stock you are currently authorizing. Technically, this is when you “create” your stock (more can always be authorized later), and that stock will be issued to your shareholders at your first shareholder meeting.
Registered Agent Information In South Dakota, a registered agent (also known as a resident agent) is an individual or business that serves as your company’s official point of contact for lawsuits and legal notices. As part of Active Filings’ incorporation service, we include a year of registered agent service when you hire us to incorporate your business in South Dakota.
Names and Addresses of the Incorporators The incorporator is the person or company authorized to form the corporation. For example, if you hired us, we would list ourselves as the incorporator. The incorporator does not have any stake in or claim to the corporation being formed.

Director Information

Minimum Number One or more
Residence Requirements No provision
Age Requirements 18 or olders
Articles of Incorporation Officers are not required to be listed

Stock Information

An increase in the shares may cause an increase in the initial filing fee.

Yearly Requirements

Annual Statements

To Secretary of State by the 1st day of the 2d month following the anniversary month of the corporation each year. Fee for filing report is $25.

Income Tax Rate

None

For more information on taxes, visit www.state.sd.us/revenue/revenue.html

When you hire Active Filings to incorporate your business in South Dakota, you’ll receive everything you need to track and maintain your company, this includes:

  • Free expedited service
  • One year of registered agent service
  • An online account where you can add additional services, track orders, maintenance requirements and digital notifications.

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Learn More About Incorporation Requirements In Your State