1. Home »
  2. South Dakota LLC Operating Agreements (2)

South Dakota LLC Operating Agreements (2)

A South Dakota LLC operating agreement is a legal form that outlines the structure, policies, and procedures a limited liability company (LLC) will implement. The document allows multiple owners to avoid conflict and also shields owners’ assets from claims made against the company. It should be kept on file but is not required to do business in the state.

By Type (2)


Single-Member LLC Operating Agreement

Download: Adobe PDF, MS Word


Multi-Member LLC Operating Agreement

Download: Adobe PDF, MS Word


Table of Contents

How to Form an LLC in South Dakota

  • Filing fee: $165 for domestic filings, $765 for paper filings
  • Processing time: 3-5 business days

1. Choose a Name

Check the state’s Business Entities database to figure out whether a business name is available and not already registered to another entity. A name can be reserved for 120 days while the LLC is being formed (§ 47-34A-106).

2. Choose an LLC Type

Domestic LLC – For an LLC located within South Dakota.

  • Online Filing – Select “Start a New Business.”
  • Paper Filing – Complete the Articles of Organization and send, along with payment for the filing fee, to the Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.

Foreign LLC – For an LLC located outside South Dakota.

  • Online Filing – Select “Start a New Business.”
  • Paper Filing – Complete an Application for Certificate of Authority and send, together with payment for the filing fee, to the Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.

3. Post-Formation

Once the paperwork has been processed, several documents must be filed.

Name Reservation

  • Filing fee: $25

Any person can reserve an LLC name for 120 days (§ 47-34A-106).

  • Online Filing – Select “Reservation of LLC Name.”
  • Paper Filing – Mail a completed Application for Reservation of Name and filing fee to the Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501.

Renewing an LLC (Annual Report)

Filing fee: $50 (online filings), $65 (paper filings)

South Dakota statute requires every LLC to file an annual report in order to continue doing business in the state (§ 47-34A-211).

  • Online Filing – Select “File an Annual Report.” Use the South Dakota Business ID to log in.
  • Paper Filing (Domestic LLCs) – Complete the Annual Report and send it, along with filing fee, to Secretary of State Office 500 E Capitol Ave Pierre, SD 57501.
  • Paper Filing (Foreign LLCs) – Complete the Annual Report and send it, along with filing fee, to Secretary of State Office 500 E Capitol Ave Pierre, SD 57501.

Dissolving an LLC

Filing fee: $10

A company can be dissolved upon the submission of Articles of Dissolution to the Secretary of State (§ 47-1A-1403).

  • Paper Filing – Send the Articles of Dissolution form and $10 to to Secretary of State Office 500 E Capitol Ave Pierre, SD 57501. Checks can be made payable to Secretary of State.

Statutes

“LLC Operating Agreement” Definition

“Operating agreement” means any valid agreement, either written or oral, under § 47-34A-103 concerning the relations among the members, managers, and limited liability company; however, an integration clause contained in a written operating agreement may be given effect under other law. The term includes amendments to and restatements of the operating agreement. The operating agreement of a limited liability company having only one member shall not be unenforceable by reason of there being only one person who is a party to the operating agreement.