Hiring a Business Lawyer in South Dakota
How to form an LLC in South Dakota, the state fees and yearly filings, how to check a lawyer's license, and the state bar's fee rules. We do not recommend or rank lawyers.
What a lawyer costs in South Dakota: fee rules
| Rules on contingency fees | Under South Dakota Rule of Professional Conduct 1.5(c) (appendix to SDCL ch. 16-18), a contingent fee agreement must be in writing signed by the client and state how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of potential expenses the client owes whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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South Dakota rules to know first
| How to form an LLC | File Articles of Organization with the Secretary of State, either online (File Online) or by paper using the fill-in PDF form, printed and mailed with the fee. Paper filings carry an additional $15 paper filing fee. The pages reviewed did not state a processing time. |
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| LLC filing fee | Domestic Articles of Organization cost $150 filed electronically online, or $165 filed on paper (the paper fee includes the additional $15 paper filing fee). |
| Registered agent | An LLC's registered agent filing must name either a commercial registered agent (one listed with the Secretary of State) or a noncommercial registered agent with an address (or an office or position with the entity and its business office address). Naming an agent affirms that the agent has consented to serve. A Statement of Change of Registered Agent and/or Address costs $10 (paper filings add the $15 paper filing fee). |
| Annual report | LLCs and registered foreign LLCs must file an annual report with the Secretary of State. The fee is $55 filed electronically online or $70 on paper (including the $15 paper filing fee), and delinquent reports incur an additional $50 late fee. Under current law, the first report is due before the first day of the second month of the year following the year the LLC was authorized to transact business, and later reports by the same date each year; the Secretary of State's online Search Tool shows when a company's report is due. Starting January 1, 2027, an entity files either in its formation anniversary month each year or by January 31 each year, as it selects on its formation document (it can switch with a change-of-filing-date form). The wording of current SDCL § 59-11-25 as displayed on the Legislature's site is unusual; check the Secretary of State's Search Tool for your actual due date. |
| Operating agreement | All members of an LLC may enter into an operating agreement, which need not be in writing, to regulate the company's affairs and govern relations among members, managers and the company. No requirement to file it with the Secretary of State was found. Source: SDCL § 47-34A-103(a) |
| Closing an LLC | A domestic LLC files Articles of Termination with the Secretary of State; the fee is $10. A foreign LLC files a Cancellation of Certificate of Authority. The fee schedule reviewed did not list a separate fee for a foreign LLC's cancellation. |
Find and check a lawyer
| Lawyer referral service | The State Bar of South Dakota Lawyer Referral Service is a public service to help you find a qualified, local lawyer. Participating lawyers give you a consultation covering the nature of your legal issue, possible options, and the costs of hiring an attorney. Call (800) 952-2333 or request a referral online. The service confirms participating attorneys are active members in good standing but does not evaluate or endorse their qualifications for any practice area. |
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| Check discipline history or file a complaint | Complaints about South Dakota lawyers go to the Disciplinary Board of the State Bar of South Dakota. Send a signed letter fully describing the facts and all sources of information, with names, dates, addresses and supporting documents, to Disciplinary Board, The State Bar of South Dakota, 111 W Capitol Ave. #1, Pierre, SD 57501 (605-224-7554). Simple matters are investigated by a Board member by correspondence and complicated ones by an investigator. The Board dismisses complaints where the lawyer did no wrong, may issue a private reprimand for less serious wrongdoing, and reports serious matters to the Supreme Court; discipline ranges from private reprimand to disbarment. Proceedings are confidential until the Board files formal charges, and losses cannot be recovered through discipline. Filing address: https://www.statebarofsouthdakota.com/reporting-professional-misconduct-2/ |
All legal help in South Dakota · Background guide
Last verified against official sources: October 27, 2026.
How we source this page: each state-specific rule links to the statute, court rule or official government page it comes from. A rule taken from a public copy of a state code (used only where the official code is not freely readable online) is marked as a secondary source. Spot an error? Use the contact page to report it. About our sources
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.