LLC Annual Report in South Dakota
When a South Dakota LLC's annual report is due, the fee, and the penalty for filing late.
Short answer: 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. SDCL §§ 47-34A-211, 59-11-24, 59-11-25; South Dakota Secretary of State, Filing Fees and Annual Report instructions
| 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. |
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| 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). |
Where to get help in South Dakota
More South Dakota starting an llc & small business
- What an LLC Costs in South Dakota
- Registering a DBA (Assumed Name) in South Dakota
- All South Dakota starting an llc & small business rules
FAQ
Does an LLC have to file an annual report in South Dakota?
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).
Do you need a registered agent for an LLC in South Dakota?
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).
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.