How Does My Business Form A South Dakota Limited Liability Company (LLC)?

To create a South Dakota LLC, your business must first file "Articles of Organization" with the South Dakota Secretary of State's Office.  A filing fee of $150.00 must also accompany the filing of your Articles of Organization. 

In addition to filing the Articles of Organization, your business should also create a written LLC "Operating Agreement." The Operating Agreement does not need to be filed with South Dakota Secretary of State's Office.  However, the Operating Agreement is an important document because it explains the LLC members' rights and responsibilities, their percentage interests in the business, and their share of the profits.