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Lesson 1 · South Dakota

How to Start an LLC in South Dakota (2026): 7 Steps and the 3 Best LLC Services

We would send a new founder in South Dakota to Mainstay Filing ($199), SD Registered Agent.org ($199) and South Dakota Registered Agent.co ($199) for starting an LLC in 2026, in that order. Then the lesson: 7 steps, with a $150 state filing fee and the annual report every year.

The Founder Classroom teaching team ·

Quick facts for this lesson

Fee to file
$150Source: sdlegislature.gov, confirmed October 2026
Annual report
$55 a yearReport due due during the entity's anniversary month
State total, years 1 to 3
$260Excludes service fees
Lesson steps
7One at a time

In this lesson

  • What South Dakota charges to form an LLC and where to file
  • What the registered agent rule asks of you
  • How to stay in good standing
  • Who we would hire to file

Teacher's pick

South Dakota: our recommended services

Ranked by our grading rubric, which puts steps handled and three-year cost first.
Best overall

1. Mainstay Filing: best for having the annual report done for you

$199 a year, $349 with the state fee

Start with Mainstay Filing: $199 a year handles the filing, the registered agent and the annual report, and renewal stays at $199.

The three-year premium over SD Registered Agent.org is $200, which the 35% steps-handled weight covers.

Each annual report is filed for you (state fee $55, at cost).

What you get

  • Your filing, done
  • Registered agent for the full year
  • Annual report filed each cycle
  • EIN application
  • Official fee at cost

What we like

  • $199 at renewal
  • $199 yearly, all in one
  • Handles the EIN application

Watch out for

  • SD Registered Agent.org renews for $100 less
Visit Mainstay FilingPartner link. We may earn money if you buy.
Local choice

2. SD Registered Agent.org: best for a low-cost South Dakota start

$199 + fees, $99 yearly after

SD Registered Agent.org ranks second: it forms the South Dakota LLC for $199, agent included for year one and renews the agent at $99.

Its prices do not include the annual report, so plan to file that yourself every year.

What you get

  • Filing with the state
  • First year of agent service

What we like

  • $199 over the state fee
  • $99 yearly from year two
  • Free first agent year

Watch out for

  • Annual report left to you
  • $99 add-on for the EIN application
Visit SD Registered Agent.orgPartner link. We may earn money if you buy.
Local choice

3. South Dakota Registered Agent.co: best for founders who file reports themselves

$199 + fees, $99 yearly after

South Dakota Registered Agent.co ranks third: it forms the South Dakota LLC for $199, agent included for year one and renews the agent at $99.

Its prices do not include the annual report, so plan to file that yourself every year.

It costs the same as SD Registered Agent.org.

What you get

  • Filing with the state
  • First year of agent service

What we like

  • $99 yearly from year two
  • Free first agent year
  • $199 over the state fee

Watch out for

  • Annual report left to you
  • $99 add-on for the EIN application
Visit South Dakota Registered Agent.coPartner link. We may earn money if you buy.

Side-by-side prices

#ServiceFirst yearFrom year twoThree-year total
1Mainstay Filing$199$199/yr$597Visit Mainstay FilingPartner link. We may earn money if you buy.
2SD Registered Agent.org$199$99/yr$397Visit SD Registered Agent.orgPartner link. We may earn money if you buy.
3South Dakota Registered Agent.co$199$99/yr$397Visit South Dakota Registered Agent.coPartner link. We may earn money if you buy.
Prices from each company's own site, read November 12, 2026. Every row excludes the $150 state fee.

Forming the LLC, in order

  1. Step 1: Check your name is available

    Before you file, look the name up in the business records at the South Dakota Secretary of State; a name already in use can send the filing back.

    TipPick a spare name too, in case the first is taken.

  2. Step 2: Appoint a registered agent

    Every LLC must name a registered agent with an in-state street address. A commercial registered agent listed with the state, a noncommercial agent (an individual or entity with a South Dakota address), or the title of an office in the company.

    The address has to be an actual street address or rural route box number in South Dakota, plus a South Dakota mailing address if it differs.

    TipEach pick above can serve as the registered agent.

    Official source: Source: sdlegislature.gov, confirmed October 2026

  3. Step 3: Do it yourself or get help

    If you file yourself, budget $150. If a service files, add $199; our picks are ranked above.

  4. Step 4: Send in the Articles of Organization

    Complete the Articles of Organization, pay $150 and file it with the South Dakota Secretary of State. Processing usually takes Paper 1 to 3 business days; online processed immediately.

    Official source: Source: sdlegislature.gov, confirmed October 2026

  5. Step 5: Get your EIN

    When the approval arrives, apply to the IRS for the EIN. Your bank will want it for the business account. This step is included with Mainstay Filing.

  6. Step 6: Write an operating agreement

    The operating agreement is your company's rule book: ownership, votes, what happens if an owner leaves. You keep it; you do not file it.

  7. Step 7: Stay in good standing with South Dakota

    Keep the company in good standing with the annual report: $55 every year, due due during the entity's anniversary month. Miss the date and $50 is added.

    Official source: Source: sdlegislature.gov, confirmed October 2026

What each step costs in South Dakota

ItemPayeeAmount
Filing feeState office$150
Annual reportState office$55 every year
Late feeState office$50
Service fees (optional)Service company$199 first year
Three-year state totalState office$260
Official state fees, cited under References. Three-year state total = filing + reports in years two and three + any minimum tax.

Why Mainstay Filing comes first

The grade turned on lesson steps handled (35%), where Mainstay Filing came out ahead of SD Registered Agent.org.

Handling the annual report beat the lower price on our weights.

South Dakota questions

What does it cost to form an LLC in South Dakota?

The official fee: $150. Our picks charge $199 on top.

Which form creates the LLC?

The South Dakota Secretary of State takes the Articles of Organization; that filing creates the LLC.

Is a registered agent required?

Every LLC must name a registered agent with an in-state street address.

How long does South Dakota take to process the filing?

Usually Paper 1 to 3 business days; online processed immediately.

What does South Dakota require each year?

The annual report: $55, every year, due due during the entity's anniversary month.

Can I form the LLC without a service?

Yes. File directly with the state and pay $150; you also need a registered agent.

Which LLC service should a first-time founder use?

Mainstay Filing first, then SD Registered Agent.org and South Dakota Registered Agent.co; Mainstay Filing leads on lesson steps handled.

Related lessons

Reading list: official sources

  1. South Dakota Secretary of State, Business Services /, published at sdsos.gov, as of August 2026
  2. South Dakota Secretary of State, Business Services /, published at sosenterprise.sd.gov, as of August 2026
  3. South Dakota yearly filing: Annual report: fee and, published at sdlegislature.gov, as of October 2026
  4. South Dakota report due date, published at sdlegislature.gov, as of August 2026
  5. SDCL 47-34A-203, published at sdlegislature.gov, as of August 2026
  6. South Dakota formation fee: Filing fee, official source, published at sdsos.gov, as of October 2026
  7. South Dakota formation fee: Filing fee, official source, published at sdlegislature.gov, as of October 2026
  8. South Dakota registered agent statute, published at sdlegislature.gov, as of October 2026
  9. Processing, official source, published at sdsos.gov, as of October 2026
  10. South Dakota service page of Mainstay Filing, read November 12, 2026
  11. Pricing page of SD Registered Agent.org, read November 12, 2026
  12. Pricing page of South Dakota Registered Agent.co, read November 12, 2026