South Dakota lesson 3 of 6
File the Articles of Organization
The document that creates a South Dakota LLC is the Articles of Organization, filed with the Secretary of State's Business Services Division under SDCL 47-34A-203 and 47-34A-212.
What the filing asks for
The Articles of Organization cover the LLC's name, its registered agent and registered office address, and whether the LLC will be member-managed or manager-managed. A general purpose statement is normally sufficient without listing every planned activity.
- Members are not required to be listed individually if the LLC will be manager-managed
- The organizer filing the document does not need to be an owner of the LLC
- South Dakota allows a series LLC structure, which is a separate decision from the basic Articles filing and has its own statutory requirements
Fee and filing route
Filing online through the Secretary of State's business filing system costs $150. Filing the same Articles of Organization on paper costs $165, since South Dakota adds a flat $15 surcharge for paper submissions on top of the same $150 base fee. Standard processing typically takes about 5 to 7 business days once the filing is received, though online filings are generally processed faster than mailed paper filings.
If you need faster turnaround, the Secretary of State offers expedited service for an additional $50 beyond the standard filing fee.
After approval
South Dakota does not require an operating agreement to be filed with the state, but adopting one internally is what actually governs ownership, voting and distributions rather than relying on the default rules in the Uniform Limited Liability Company Act codified at SDCL 47-34A. Keep your filed Articles and business ID number on hand, since the Department of Revenue and your bank will both reference it.
Key takeaways
- Filing online costs $150; filing on paper costs $165 because of the added $15 paper surcharge.
- Standard processing runs about 5 to 7 business days, with a $50 expedited option available.
- An operating agreement is not filed with the state but is worth adopting internally.
Frequently asked questions
Do I have to live in South Dakota to form a South Dakota LLC?
No. There is no residency requirement for members or managers. Only the registered agent must meet South Dakota's residency or in-state address requirements.
Why does paper filing cost more than online filing?
South Dakota adds a flat $15 surcharge to Articles of Organization submitted on paper, on top of the same $150 base fee charged for online filing, bringing the paper total to $165.
Official sources
Or let us file your South Dakota LLC for you
Everything above is yours to use for free. If you would rather hand it over, we prepare and file the Articles of Organization, act as your registered agent, and track your ongoing deadlines.
Last reviewed: September 2026 - reviewed by Gullia Filing Legal & Formation Team