South Dakota Articles of Incorporation Template | SD Secretary of State

The South Dakota Articles of Incorporation must be filed and approved by the South Dakota Secretary of State in order to legally incorporate an entity in this state. While each entity type will carry its own set of additional requirements to be fulfilled both when forming in the eyes of the South Dakota Secretary of State, and other interested governing bodies, these articles represent the basic required information all entities are required to report. The articles must be submitted by mail to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501 in duplicate with a self addressed stamped envelope. The Filing Fees which must be paid for with a check, payable to "Secretary of State," range from $30.00 to $750.00. Filing Fees are ascertained based on the type of corporation being formed.


South Dakota Application for Certificate of Authority Foreign Business Corporation

South Dakota Application for Certificate of Authority Foreign Business Corporation

The South Dakota Application for Certificate of Authority Foreign Business Corporation must be filed by foreign for-profit corporations with the South Dakota Secretary of State before attempting to operate in this state. This document needs to be submitted in duplicate and include a check made out to the Secretary of State for $750.00 to cover […]

South Dakota Articles of Incorporation Domestic Business Corporation

South Dakota Articles of Incorporation Domestic Business Corporation

The South Dakota Articles of Incorporation Domestic Business Corporation must be submitted in duplicate with a full payment of the Filing Fee to the South Dakota Secretary of State whenever an entity wishes to incorporate as a for-profit corporation in this state. An entity will not be considered a corporation without a Certificate of Incorporation […]

South Dakota Articles of Incorporation Domestic Nonprofit Corporation

South Dakota Articles of Incorporation Domestic Nonprofit Corporation

The South Dakota Articles of Incorporation Domestic Nonprofit Corporation will be required of every entity wishing to incorporate in the State of South Dakota as it must be submitted to and approved by the South Dakota Secretary of State. Filing requirements will vary from one type of nonprofit corporation to another type of corporation however […]

South Dakota Non-Stock Application for Certificate of Authority Foreign Nonprofit Corporation

South Dakota Non-Stock Application for Certificate of Authority Foreign Nonprofit Corporation

The South Dakota Application for Certificate of Authority for a Nonprofit Corporation Foreign Nonprofit Corporation is the application used by the South Dakota Secretary of State when a foreign corporation wishes to apply for a Certificate of Authority. This is the document that foreign nonprofit corporations must obtain in order to operate as such in […]


How to File

Step 1 - When incorporating an entity in the State of South Dakota, you will need to decide upon what type of corporation must be formed. The entity type will depend on a variety of factors ranging from the Purpose of forming it to how its daily operations must be handled. The two main categories are profit and nonprofit corporations. Most, if not all, corporate entities will fall into one of these categories.

Step 2 - Next, you must make sure the corporation being formed has a unique Name on the record books in the State of South Dakota. If another entity bears the same name, then your corporation may not operate under that Name. The South Dakota Secretary of State has provided a search tool which one my use to view entities that have previously filed with the South Dakota Secretary of State. Generally, performing such a search may likely prove to be a time saving precaution. To begin click this link: https://sos.sd.gov/business/search.aspx.

Step 3 - In the text box labeled “Business Name,” enter the Full or a Partial Name you wish the corporation being formed to operate under. Then select the button labeled “Search.”

SD business search

Step 4 - The Search Results matching your criteria will be displayed in a table. You may view the Business ID, Business Name, State, Type (entity), and Standing of each entity whose Name matches the one you entered. Each Business ID Number will direct the browser to a Details page. Select a Business ID Number to view such details.

SD business search p2

Step 5 - The Details page will display that entity’s Business ID, Incorporation/Qualification Date, Home State, Status, Last Annual Report, Business Type, and Stock Info. Near the bottom of the page, you will be able to view the Registered Agent’s public information and previously filed Documents by this entity. If you have found a Name that does not have any matches in this database, you will need to add a corporate designator, such as “Corp.” or “Corporation”, at the end of the Name. You may choose to reserve the name (See instructions below) or proceed directly to the next steps.

SD business search p3

Step 6 - Next, you will need to do some research in terms of all the filings that must accompany the type of entity you are forming, any preliminary paperwork or permissions that must be obtained, and which governing bodies with mandatory procedures that must be satisfied. The nuances of which will largely depend upon the entity type being filed. All corporations will need to obtain a Registered Agent who maintains a Registered Office in the State of South Dakota. This is the party who will agree to receive court documents aimed at the forming corporation on behalf of the forming corporation.

Step 7 - Next, once you are ready to form and legally register the creation of your corporation, you will need to file the appropriate Articles of Incorporation with the South Dakota Secretary of State. This must be done by mail to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501. The Filing Fee for these articles will range from $30.00 to $750.00 depending upon the type of entity being formed. All Filing Fees may be remitted in the form of a check payable to “Secretary of State.”

How To Reserve a Name

Download Form

Step 1 - Select the link labeled “Download Form,” this is the PDF form “Application for Reservation of Name.” You may enter the information onscreen with an appropriate PDF program or you may Print it then fill it out.

Step 2 - Once you are ready to enter information, locate Item 1, “Name of Applicant.” Here, you must enter the Name of the individual or entity wishing to reserve the Name stated on this application. Do this on the blank space provided in Item 1.

Step 3 - In Item 2, you must report the Street Address of the Principal Office on the first blank line. This must be the physical location and not a mailing address. If there is a separate Mailing Address for the applicant, then enter this on the second blank line in this item.

Step 4 - In Item 3, document the Name the applicant wishes to reserve for his or her corporation. This Name must include a word of incorporation at the end. Examples of a word of incorporation are Corporation, Incorporated, Company, Limited, or a generally accepted abbreviation. For our purposes, it is recommended to use Corporation, Incorporated, or an appropriate abbreviation. Note: This Name may not be in use or reserved by another entity and must be wholly unique and not misleading in any way.

Step 5 - Next, below the paragraph providing the conditions of this application, enter the Date of Signature on the blank line labeled Dated, and the applicant’s Email Address on the blank line labeled “Email.” Note: The Date Line must be filled out but the Email Line is optional.

Step 6 - On the right hand part of the page, beneath the paragraph with the binding effect, an individual Authorized to submit and/or Approve the submission of this application to the South Dakota Secretary of State must provide his or her Signature on the line labeled “Signature of authorized person.” The Signature Party must Print his or her Name on the blank line below this. Then, on the line labeled “Title,” report the official position the Signature Party holds with the applying entity. The last two lines will require the Full Address of the Signature Party to be entered.

SD name res

Step 7 - Once this document is completed you may mail it to Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501. This should be submitted with a full payment of the Application Fee ($25.00). The fee should be paid for with a check. All checks must be made payable to “Secretary of State.”