SINCE 1974
IncNow can help you get a South Dakota Foreign Qualification done correctly without the hassle. We handle the entire filing process, from verifying your company name to submitting your Statement of Application for Certificate of Authority to the South Dakota Secretary of State.
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Registering your business in South Dakota involves a few key steps. IncNow’s Incorporation Specialists can help you through the process and ensure your Foreign Qualification is done properly. Here’s a look at the process:
A Certificate of Good Standing, sometimes called a Certificate of Existence, is an official document from your business’s home state that proves your company is legally formed and compliant.
Before you can register, your company’s legal name must be unique and available for use in South Dakota. If another registered business is already using your name, you will need to operate under an “Assumed Name” (also known as a DBA).
IncNow’s team will conduct a name availability search with the South Dakota Secretary of State. If your company’s name is taken, we will immediately notify you and assist with registering an Assumed Name.
South Dakota law requires you to appoint a Registered Agent with a physical street address in the state to receive official legal and tax documents.
If you live in South Dakota, you can serve as your own Registered Agent. You can also hire a commercial registered agent to represent you.
This is the official form that registers your out-of-state business in South Dakota. It must be filed with the Secretary of State and requires precise details about your company, the nature of the business, and your appointed Registered Agent.
The application requires the following details:
You need to pay a filing fee in order to submit the South Dakota Application for Certificate of Authority. The filing fee in South Dakota is $765 for foreign LLCs and corporations. State filing fees are included in the price of IncNow’s Foreign Qualification Service.
IncNow’s team prepares and files your company’s Application for a Certificate of Authority in South Dakota. We ensure all of your information is accurate to prevent rejections.
After registering in South Dakota, you will need to keep up with ongoing compliance requirements in the state. The South Dakota Secretary of State will send official notices regarding these requirements to your Registered Agent in South Dakota.
Please Note: IncNow’s service covers the successful initial filing of your foreign qualification. Ongoing compliance management is not included for South Dakota.
If your LLC or corporation was formed in another state, like Delaware, but you are going to be doing business in South Dakota, you will need to properly register your business there first. This process is called Foreign Qualification and it involves obtaining a Certificate of Good Standing, appointing a Registered Agent and filing an Application for Certificate of Authority.
The definition of “doing business” is generally pretty broad. It can also be different in each state. But in general, you will likely need to register your company in South Dakota if you do any of the following:
If you’re not sure whether your company is considered to be doing business in South Dakota, the safest bet is to file a Foreign Qualification. States often charge large penalties and fines if businesses do not properly register themselves.
An Assumed Name is like a nickname for your business. It’s a name you use in South Dakota that’s different from your company’s official legal name. This is also commonly known as a “DBA” (short for “Doing Business As”).
The main reason you would need an Assumed Name is if your company’s official name is already taken by another business registered in South Dakota.
Because no two businesses can have the same name, South Dakota would require you to choose a different, “assumed” name to use while operating in the state. Our filing process includes a name search to check if your name is available, and we can help you understand the next steps if it’s already in use.