Business FAQs & Contact

You may purchase a Certificate of Good Standing for any Active entity in Good Standing on the Secretary of State website. Payments accepted for online processing are Visa, MasterCard, American Express and Discover credit and debit cards.

Once payment is processed, a color PDF will be available for immediate download - online requests will NOT receive an emailed or mailed Certificate from our office. Once you leave the PDF download page, the document is no longer available for download.

Request Certificates of Good Standing on our website here

Click here to search the business entity database All information filed with the Secretary of State's office is public record and can be found on the business entity's detail page.

Copies of filed documents for a registered entity can be found by searching the business entity through our online search page. All documents filed are public record and can be found on the business entity's detail page. Documents filed before 11/12/2016 can be found by going to the "Image Links" portion of the history and clicking on the blue ID number that is in the same line as the "Initial Filing" history item. Most images for businesses from 1994 to present are available online. Archived documents prior to 1994 must be requested from the Business Filing Office via email ([email protected])at a cost of $2/page. Only certified copy requests are guaranteed to show all images on file.

Certified copy requests can be requested online or via email ([email protected])or fax (605-773-6580). Certified copy request fees are $15 for the certification and $2/page for each copied page.

Owners of corporations and LLCs are NOT filed with the Secretary of State's office. Ownership is not defined in your articles, therefore, our office would not have ownership information on file. Only organizers for LLCs and incorporators and directors for corporations are filed with the SOS office.

Shareholders are only filed with the Secretary of State's office for corporations that have eliminated their board of directors and LLCs that have qualified as family farms.

The IRS has many tax designations and many tax exempt classifications. These classifications are strictly between the entity and the IRS and are NOT information the SD Secretary of State’s office requests or collects as we do not have the authority to keep or record this information.. In other words, the SD Secretary of State’s office does NOT know IRS designations, classifications or categorizations in any way for any entity.

This would apply to all tax designations, including, but not limited to, any 501 designations as well as the following: 521, 527, 528, 529, 4947 & 170. The subchapter S corporation classification is another entity specific designation strictly between the entity and the IRS.

If there are any questions about an entity’s tax status, all questions can be directed to the IRS’s website at www.irs.gov.

We suggest that you visit with legal counsel and/or an accountant to determine the best way to file your business. Any question under this heading is considered a request for legal advice and the Secretary of State's office is, by statute, not permitted to provide legal advice.

You may use our Business Name Availability Search (**Please Note: this is a preliminary name check only) Pursuant to state statute, a name is required to be "distinguishable on record" (which means, do the two names sound the same?) to be used for a new business entity.

• For example, Philips Avenue Diner and John Philips Avenue Diner are similar, but by adding the word "John" to the beginning, the two names are distinguishable and do not sound the same. On the other hand, Dear LLC and Deer LLC are spelled differently, but sound the same and are therefore not distinguishable.

A DBA/Fictitious Business Name is an assumed name used by a business. DBA names can be registered online or by paper at your local county Register of Deed's office.

Pursuant to SDCL 37-11-1, any person/entity regularly engaging in or conducting a business in this state shall file a fictitious name statement UNLESS one of the following apply:

1. The name of the business plainly shows the true surname of each person interested in the business; OR
2. The name of the business is on file with the Secretary of State in a required business filing.

NO!!! DBAs (Doing Business As) or Fictitious Business Names CANNOT be used to form/create/register LLCs, business corporations, nonprofit corporations or partnerships. These entities MUST be properly registered as such with the Secretary of State's office to be a valid LLC or corporation.

The South Dakota registered agent functions as the point of contact for a business entity registered in South Dakota. A registered agent MUST be a resident of South Dakota, with BOTH a physical and mailing address in South Dakota.

South Dakota law permits the registered agent to be:

• Noncommercial Registered Agent - this may be an individual who resides in South Dakota, or a business entity that is registered in South Dakota. OR
• Commercial Registered Agent - this is an agent/organization that has paid a registration fee and registered with the Secretary of State to be a commercial registered agent. OR
• Office Holder of the organization - this option does NOT apply to LLCs. This is an officer of the organization (President, Vice President, Secretary or Treasurer). This type of agent does not have a specific individual's name associated to the agent file and therefore does not require a statement of change with a change in officers.

For more information concerning South Dakota's Registered Agent statutes, see South Dakota Codified Law Chapter 59-11.

Online filing is available for select entity types such as Domestic/Foreign LLCs, Business Corporations and Nonprofit Corporations. Click here to file online

Payments accepted for online processing are Visa, MasterCard, American Express and Discover credit and debit cards. Once payment is processed, a color PDF certificate of organization/incorporation will be available by entering your email within the filing on the page that requests your email or for immediate download as soon as payment is processed - online filings will NOT receive a mailed Certificate from our office. Once you leave the PDF download page, the color document is no longer available for download.

Paper forms for filing with the SD Secretary of State can be found Business Services corporate forms.

**Reminder: Articles filed via paper that could otherwise be filed online with our office incur an additional $15 paper processing fee.

On average, new paper filings are processed within 1-3 business days. Online filings are processed immediately.

**Reminder: LLC, Business Corporation and Nonprofit Corporation formations may be filed immediately online. Articles filed via paper with our office that could otherwise be filed online incur an additional $15 paper processing fee (this excludes Nonprofit Corporations as they are exempt from paper processing fees).

A listing of all filing fees can be found through our Business Services fee schedule.

We suggest that you visit with legal counsel to determine your filing requirements. Any question under this heading is considered a request for legal advice and the Secretary of State's office is, by statute, not permitted to provide legal advice.

Online filing is now available for Foreign Certificates of Authority for LLCs, For-Profit Corporations and Nonprofit Corporations. If it is determined by your legal counsel to register, you may file a Foreign Certificate of Authority online.

Paper forms for filing with the SD Secretary of State can be found at this link.

**Reminder: Certificates of Authority filed via paper with our office that could otherwise be filed online incur an additional $15 paper processing fee.

Corporate Bylaws and LLC Operating Agreements are internal company documents and are NOT filed with the Secretary of State's office, therefore, we cannot provide copies of these documents to those who try to request them.

A beneficial owner is a person who has or in some manner controls an equity security. Business entities MAY, but are NOT required to, indicate beneficial owners when filing organizational documents or annual reports with the Secretary of State's office.

Please consult an attorney for legal advice if you have any questions concerning this entry. Any question under this heading is considered a request for legal advice and the Secretary of State's office is, by statute, not permitted to provide legal advice.

A Member-Managed LLC is the simplest structure and means that every member has authority to act on behalf of the business. All your members will have direct involvement in the management of the company.

With a Manager-Managed LLC, the members, by virtue of being members, do not have authority to manage and operate the business of the limited liability company. Instead, the members elect "managers" and it is the managers who have this authority. This form of LLC allows for a separation between ownership and management. A Manager-Managed LLC is generally used when there are "passive" members in the LLC. Passive means investors in the LLC who do not actively manage or otherwise operate the business of the Company.

The word "TRUST" is a regulated word and any business entity name that contains the word "TRUST" will need approval from the SD Dept. of Labor & Regulation, Division of Banking (605-773-3421). Due to the additional approval, these documents cannot be filed online and must be filed via paper.

A Federal Employer Identification Numbers (FEIN) is a number issued by the Internal Revenue Service (IRS). The Secretary of State's office does not issue this number and does not have FEIN numbers on file. You may obtain an FEIN number from the IRS at: www.irs.gov.

State Sales Tax is handled through the South Dakota Department of Revenue (DOR). The Secretary of State's office does not process sales tax, nor have access to any sales tax identification information. You may contact the DOR at: www.dor.sd.gov.

Yes, annual reports are due EVERY YEAR on the 1st day of the anniversary month of when the business was initially filed with the Secretary of State's office. The exception to this is Limited Partnerships and Business Trusts as they are not required to file Annual Reports.

Annual reports can be filed online. Payments accepted for online processing are Visa, MasterCard, American Express and Discover credit and debit cards. Once payment is processed, a receipt and acknowledgment of filing will be available for immediate download.

Annual reports are due every year on the 1st day of the anniversary month of when the business was initially filed. For instance, if your entity was filed June 11, 2026, the first annual report is due June 1, 2027 and every June 1st thereafter.

You may file your annual report starting 2 months prior to your Annual Report due date. So, if your annual report is due June 1st, you may file your annual report starting April 2nd.

The entity will become delinquent and will incur additional late fees. If the entity continues to stay in a delinquent status, it may be Administratively Dissolved.

Yes. The business entity status becomes delinquent and late fees are assessed if you have not filed your annual report 2 months following the due date. For instance, if your annual report is due June 1st, and you have not filed the report, your entity will become delinquent and you will begin incurring late fees on August 1st.

Annual Reports filed after their delinquency date will incur a $55 late fee. (Nonprofit corporations are exempt from the additional late fee, but are still required to file Annual Reports.)

File your annual report online.

Yes, paper forms are available on our website through this link.

**Reminder: Documents filed via paper with our office that could otherwise be filed online will incur an additional $15 paper processing fee.

Annual Report filing fees are different depending on the entity type. A listing of all filing fees can be found on our Fee Schedule.

A business entity can be administratively dissolved/revoked for several reasons:

• Failure to file the required annual report during the specified time frame.
• Failure to keep a valid South Dakota Registered Agent on file with the Secretary of State's office.
• Required payments have been declined or rejected by the bank and filing fees remain unpaid.

You may find the specific reason by contacting the Secretary of State's office at [email protected].

Following the required steps for reinstatement will put your entity back into Good Standing. Be sure to read and follow this 3-step process under our Reinstatement Guide. Part of this process can be started online (filing the late annual report(s) and requesting a Tax Clearance Certificate from the SD Dept. of Revenue (DOR).

All for-profit entities MUST ALSO request a Tax Clearance Certificate from the SD Department of Revenue (DOR). Once requested, the DOR will email a copy of the approved Tax Clearance Certificate directly to our office. This certificate MUST be received by our office prior to the reinstatement paperwork in order for the reinstatement to be processed. Tax Clearance Certificates can be requested through their online request portal OR by calling the DOR at (605)773-3311.

Foreign business entities cannot be reinstated and must file for a new Certificate of Authority. You may re-register to qualify for a Certificate of Authority online.

Paper forms for filing with the SD Secretary of State can be found at this link.

**Reminder: Certificates of Authority filed via paper with our office that could otherwise be filed online incur an additional $15 paper processing fee.

A DBA/Fictitious Business Name is an assumed name used by a business.

Pursuant to SDCL 37-11-1, any person/entity regularly engaging in or conducting a business in this state shall file a fictitious name statement UNLESS one of the following applies:

1. The name of the business plainly shows the true surname of each person interested in the business; OR
2. The name of the business is on file with the Secretary of State in a required business filing.

NO!!! DBAs (Doing Business As) or Fictitious Business Names CANNOT be used to form/create/register LLCs, business corporations, nonprofit corporations or partnerships. These entities MUST be properly registered as such with the Secretary of State's office to be a valid LLC or corporation.

You may file the registration either online through the Secretary of State's website or by requesting to file by paper at your local county Register of Deed's Office.

You can find the Register of Deeds' Contact List here.

The fee for filing a new DBA/Fictitious Business Name is ten dollars ($10.00) per name. The fee is the same fee whether you file online or at the county Register of Deed's office.

DBA/Fictitious Business Name registrations last for five (5) years from the date of filing. A DBA/Fictitious Business Name can be renewed for subsequent five year intervals, beginning 30 days prior to the expiration date until the day of expiration.

A DBA/Fictitious Business Name can be renewed online through the Secretary of State's website or by paper with your local county Register of Deed's Office. The fee for renewing a DBA/Fictitious Business Name is ten dollars ($10) per name.

You can find the Register of Deeds' Contact List here.

No. Once expired, the name must be registered as a NEW DBA/Fictitious Business Name.

Upon any change of the ownership interest in the business or any changes to addresses for either the DBA/Fictitious Business Name or the owners, an amendment must be filed.

An amendment can be filed either online through the Secretary of State's website or by paper with your local county Register of Deed's Office. The fee for amending a DBA/Fictitious Business Name is ten dollars ($10) per name.

You can find the Register of Deeds' Contact List here.

The DBA/Fictitious Business Names database reflects active registrations on file with the South Dakota Secretary of State. All 'Active' DBAs filed after July 1st, 2004, all 'Expired' DBAs up to 1 year past their expiration date, and all 'Cancelled' DBAs up to 1 year past their cancellation date are searchable.

You can search the Secretary of State's database online for DBA details.

A DBA/Fictitious Business Name can be cancelled by the registered owner either online through the Secretary of State's website or by paper with any county Register of Deed's Office. There is no fee for a cancellation of a registration.

You can find the Register of Deeds' Contact List here.

Yes, an individual or business may register as many DBA/Fictitious Business Names as they are using.

The laws governing DBA/Fictitious Business Names can be found in SDCL 37-11.

The Secretary of State does not play any role in regulating the use of DBA/Fictitious Business Names or in prosecuting their misuse; the office's role is strictly ministerial. If you have any questions about the "protection" of a name, infringement upon your name, or the application of filing requirements to your specific situation, you should consult an attorney.

The South Dakota Secretary of State's office makes our databases available for download to the public. To gain access to the database files, a request form must be completed. The Secretary of State's office offers the following databases for download:

Business Filings Database
• Full Download (updated monthly)
• Monthly Updates by subscription
• Weekly Updates by subscription
• Monthly New Entity Filings
• Monthly DBA/Fictitious Name Listing

Uniform Commercial Code (UCC) Database
• Full Download (updated monthly)
• Monthly Updates by subscription
• Weekly Updates by subscription
• Weekly Bulk Images
• Weekly/Monthly EFS (Effective Financing Statement) Crop and Livestock Listing

Trademarks/Service Marks
• First Time Purchase (Full Database)
• Quarterly Updates
• Quarterly Bulk Images

For more information on our downloads and fees, or to find a subscription form, please visit our Database Download page.

Yes, the Secretary of State's office requires an FEIN/EIN when filing a UCC.

The Secretary of State's office is a ministerial office and does not have any regulatory authority. UCC's are filed based on completeness. Therefore, when a filing is received with all fields filled appropriately, the filing will be processed. If an entity or individual discovers a document filed inappropriately or fraudulently, this can be reported to our office, but it also has to be reported to local authorities and the Attorney General's office. The Secretary of State's office will work with the necessary authorities as needed.

This office has a ministerial role when filing UCCs. We do not review files for accuracy or correctness. Our office only files based on completeness. If any required field is not completed, the filing is rejected.

This office does not file county filings. These are filings that include real estate (mobile homes, silos, and other fixture filings). These must be filed at the county Register of Deeds office. However, county filings that are reported and entered into the online database are searchable through the UCC database.

No. If the county does not upload the UCC filing into the database, the filing will not be documented in the online UCC database and is not searchable.

UCC Filings are either mailed, dropped off in person, or uploaded directly to the database via XML.

UCC staff prepare the documents for scanning to add the document locator number (DLN). After scanned, the documents are processed with submitter, debtor, and secured party information added. Payment is then processed and a copy of the confirmation is printed and placed with the original UCC filing and mailed with the receipt.

Staff only conduct a completeness review to ensure the form's required fields and components are filled out.

As soon as they are processed, they are active in our system; however, to be searchable, it may take until the end of business day until the final system save has taken place.

You may submit a UCC 2 (Information Request). You can search for an individual or business entity's liens.

Yes. Our staff send back the original UCC document, confirmation document, along with the receipt.

Generally, documents go to the address on the filing form in the box that says "Send acknowledgment to". However, if staff notice that the document was sent from a law firm or personal accountant or other similar entity, the document will be sent to that entity. In that case, it will be the return address that was indicated on the submitters envelope.