South Dakota LLC Foreign Qualification

South Dakota LLC Foreign Qualification Information

What is South Dakota LLC Foreign Qualification Registration?

A corporation or limited liability company (LLC) is considered a “domestic” entity in its state of incorporation or formation. If the company wishes to transact business in any other state(s), it must qualify or register “to do business” as a foreign corporation or LLC. In these states, the corporation or LLC must register with the Secretary of State in order to transact or “do business” in this state. In each state other than the state of incorporation or formation, the entity is considered a “foreign” corporation or LLC.

CFS offers online Foreign Qualification services in all 50 Unites States plus Washington D.C. Our services are fast, reliable, and affordable!

When Must an Entity Foreign Qualify?

There are many factors to consider in determining if qualification or registration is required or advisable. If your company’s contacts with a state are substantial or continuous or include one of the factors listed below, then registration or qualification likely is required:

  • Having employees in the state
  • Having a real estate lease and office in the state
  • Having a bank account in the state
  • Having an automobile registered in the state
  • Bidding on or performing certain government contracts
  • Being an absentee landlord
  • Bringing a lawsuit in a state against another party
  • Being a party to construction contracts
  • Operating a telecommunications business

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    South Dakota (SD) Foreign Qualification Requirements

    An entity can foreign qualify or register in the State of South Dakota when the proper filing with the Secretary of State’s office of South Dakota is made, which requires the following information:

  • Name of the entity
  • State and date of formation
  • Certificate of Authority (a document granting the ability to do business in the domestic state)
  • Registered Agent Name and Address
  • Principal office address
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    Additional Requirements for Corporations

  • The names and business addresses of its principal officers and directors
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    Additional Requirements for LLCs

  • Name and address of each manager
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    A Certificate of Good Standing from the company’s home state (the state in which your company is considered domestic) is also required. If you choose CFS to help you foreign qualify your entity, we can obtain this certificate on your behalf.

    Foreign Qualification Fees:

    The Secretary of State of South Dakota charges a state filing fee of $750.00 for online filings ($765 for paper filings) when you submit your application for foreign qualification. If you choose CFS to help you prepare and make your filing, it will cost an additional fee of $125.00.

    Registered Agent Services:

    The South Dakota Secretary of State requires all entities operating within South Dakota to have a designated registered agent at all times. The registered agent may be any individual or business with a physical South Dakota mailing address where the designated individual or business is physically present at this address.

    CFS provides affordable professional Registered Agent services in South Dakota as well as the other 49 United States and Washington D.C. Our Registered Agent services cost $125.00 per year.