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Biz Formation Academy

A plain textbook on LLC paperwork, one state per chapter.

Chapter 1 · South Dakota

South Dakota LLC Formation Chapter (2026): 7 Sections and the 3 Best LLC Services

South Dakota readers who want help forming an LLC in 2026 should look at SD Registered Agent.org ($199), Mainstay Filing ($199) and South Dakota Registered Agent.co ($199), in the order given. 7 sections take the reader through formation; the state fee is $150, with $55 for the annual report.
Written by the Biz Formation Academy editorial board

Key facts for this chapter

Fee paid to the state to file $150 sdlegislature.gov, as published October 2026
Annual report $55 a year Stated timing: due during the entity's anniversary month
What the state collects over three years $260 Formation, reports and any minimum tax
Sections in this chapter 7 In sequence

You will be able to explain

  • The official South Dakota fee and form
  • Who may serve as a registered agent
  • The state filing that repeats
  • The services ranked highest

The South Dakota shortlist

The editorial board's five criteria are explained on how we grade and determine the order.

1. SD Registered Agent.org: best for South Dakota LLCs that watch every dollar

Top recommendation
$199 plus the state fee, then $99 a year

SD Registered Agent.org is ranked first in South Dakota: a formation charge of $199 above state fees, and an agent renewal of $99.

On three-year cost it undercuts Mainstay Filing, and cost is a large part of the ranking.

The price stops short of the annual report.

Price covers

  • The South Dakota formation, prepared and submitted
  • One year of agent service is built into the price

Advantages

  • $99 a year after that
  • $199 plus the state fee
  • The first agent year is free

Limitations

  • The price does not cover filing the annual report
  • Help with the EIN is $99 more
Visit SD Registered Agent.org Partner link. We may earn money if you buy.

2. Mainstay Filing: best for having someone else file the annual report

All fifty states
$199 per year; checkout collects $349, which includes the state fee

Mainstay Filing takes second position; for $199 a year the owner receives the filing, registered agent service and the annual report, renewing at $199.

Across three years it trails SD Registered Agent.org by $200.

The annual report is part of the service, and South Dakota's $55 fee is billed at cost.

Price covers

  • The filing is made for you
  • Registered agent for the full year
  • Annual report prepared and filed
  • The EIN application is part of the price
  • State fee at cost

Advantages

  • A single yearly fee of $199, with the annual report included
  • The EIN application is prepared as well
  • $199 on renewal

Limitations

  • After year one it costs $100 more annually
Visit Mainstay Filing Partner link. We may earn money if you buy.

3. South Dakota Registered Agent.co: best for a local filer

Focused on South Dakota
$199 plus the state fee, then $99 a year

Third place is held by South Dakota Registered Agent.co, since a formation charge of $199 above state fees, and an agent renewal of $99.

The price stops short of the annual report.

Its prices equal SD Registered Agent.org's, so either serves.

Price covers

  • The South Dakota formation, prepared and submitted
  • One year of agent service is built into the price

Advantages

  • $199 plus the state fee
  • $99 a year after that
  • The first agent year is free

Limitations

  • The price does not cover filing the annual report
  • Help with the EIN is $99 more
Visit South Dakota Registered Agent.co Partner link. We may earn money if you buy.

The South Dakota rankings compared

#ServiceFirst yearFrom year twoThree-year total
1 SD Registered Agent.org $199$99/yr$397 Visit SD Registered Agent.org Partner link. We may earn money if you buy.
2 Mainstay Filing $199$199/yr$597 Visit Mainstay Filing Partner link. We may earn money if you buy.
3 South Dakota Registered Agent.co $199$99/yr$397 Visit South Dakota Registered Agent.co Partner link. We may earn money if you buy.

Each company's posted price on November 13, 2026. No row includes the $150 state fee.

Forming a South Dakota LLC, section by section

  1. Section 1

    Select and check the company name

    The records at the South Dakota Secretary of State show every name in use. Look yours up before preparing any forms, because South Dakota can refuse a duplicate.

    Write down an alternate name in case the first is taken.

  2. Section 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.

    You may use any recommended service for this section.

    Reference: sdlegislature.gov, as published October 2026

  3. Section 3

    Who prepares the filing

    Both routes pay $150 to the state. The services in the ranking charge $199 more and do the forms.

  4. Section 4

    Next comes the Articles of Organization

    Formation takes effect when the South Dakota Secretary of State accepts the Articles of Organization and $150. The state gives its timing as Paper 1 to 3 business days; online processed immediately.

    Reference: sdlegislature.gov, as published October 2026

  5. Section 5

    Request an Employer Identification Number from the IRS

    After formation, an EIN identifies the LLC to the IRS and lets it open accounts in its own name. The Mainstay Filing annual price already includes this section.

  6. Section 6

    Draft the members' agreement

    Definition: the operating agreement sets out shares, voting and what happens when a member leaves. It is private.

  7. Section 7

    Record the recurring deadlines

    Good standing depends on the annual report, which is filed every year and costs $55, with a deadline of due during the entity's anniversary month. The late charge is $50.

    Reference: sdlegislature.gov, as published October 2026

The cost of this chapter

Line itemPaid toSum
Section on formation State agency$150
Annual report State agency$55 every year
If the report is late State agency$50
Optional service The service company$199 initially
Three years of state fees State agency$260

The three-year state row is computed as the filing fee, plus the report in each of years two and three, plus any yearly minimum tax. Service fees have their own rows.

How the South Dakota recommendations were ranked

Tuition over three years accounts for 34% of the ranking, and led on it in South Dakota.

Years one through three at SD Registered Agent.org come out at $397, which leaves $200 in the owner's pocket compared with Mainstay Filing.

Common questions

What does South Dakota charge to form an LLC?

$150, paid to the state. Hiring one of them costs $199 extra.

Which form creates the LLC?

When the South Dakota Secretary of State accepts the Articles of Organization, the LLC exists.

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?

Plan for Paper 1 to 3 business days; online processed immediately.

What does South Dakota require each year?

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

Can I form the LLC without a service?

Yes. The state collects $150 at filing, and the LLC still needs a registered agent on record.

Which LLC service should a first-time founder use?

SD Registered Agent.org, Mainstay Filing and South Dakota Registered Agent.co, from the highest ranking to the lowest.

See also

Bibliography and primary texts

  1. South Dakota Secretary of State, Business Services / rests on sdsos.gov, a text consulted August 2026.
  2. South Dakota Secretary of State, Business Services / rests on sosenterprise.sd.gov, a text consulted August 2026.
  3. South Dakota yearly filing: Annual report: fee and rests on sdlegislature.gov, a text consulted October 2026.
  4. South Dakota report due date rests on sdlegislature.gov, a text consulted August 2026.
  5. SDCL 47-34A-203 rests on sdlegislature.gov, a text consulted August 2026.
  6. South Dakota formation fee: Filing fee, official source rests on sdsos.gov, a text consulted October 2026.
  7. South Dakota formation fee: Filing fee, official source rests on sdlegislature.gov, a text consulted October 2026.
  8. South Dakota registered agent statute rests on sdlegislature.gov, a text consulted October 2026.
  9. Processing, official source rests on sdsos.gov, a text consulted October 2026.
  10. pricing page (SD Registered Agent.org), as it stood on November 13, 2026
  11. South Dakota service page (Mainstay Filing), as it stood on November 13, 2026
  12. pricing page (South Dakota Registered Agent.co), as it stood on November 13, 2026