The South Dakota annual report is your company's mandatory yearly update to the Secretary of State. Each year, you confirm who owns the business, where it operates, and which registered agent is authorized to accept official mail. This isn't optional, as it's the legal checkpoint that ensures your corporation, LLC, or nonprofit remains in good standing and visible in the state's public database.
The process is straightforward: review pre-filled details online or complete a paper form, sign, and pay the required fee.
If you've registered any kind of formal business entity with the South Dakota Secretary of State, the annual filing isn't optional. The state's rules apply equally to home-grown ventures and foreign registered companies that merely hold a certificate of authority.
These entities must file every year:
You're off the hook only if you operate as a sole proprietorship, a general partnership that never elected LLP status, or an entity that has been formally dissolved or withdrawn from the state's register.
Any officer, director, member, manager, or partner may file on the company's behalf. You can also delegate the task to your registered agent, attorney, accountant, or a third-party compliance platform.
South Dakota gives you two ways to submit your yearly filing: online or by mail. Online is cheaper, faster, and saves you from dealing with paper forms that may be rejected for statutory inconsistencies.
The online process takes about five minutes.
Save the PDF confirmation, as banks, lenders, and licensing agencies will likely request it. Your filing is submitted instantly, and once processed by the state, typically within three business days, it will appear on the public record.
Paper filing costs more and takes longer to complete. Here’s what you need to do:
Mailed forms take three to five business days for corporations and LLCs, and roughly a week for nonprofits.
South Dakota ties everything to your company's birthday. Every entity files by the first day of the month in which it originally formed or registered. Form on March 15? Your report is due by March 1 each year.
You can confirm the anniversary month and look up the next due date in the state's business database.
The Secretary of State opens the filing window 30 days before the due date, giving you a full month of breathing room. There's no grace period, no extensions, and missing the deadline triggers penalties.
South Dakota's fee structure is simple, but you'll pay different amounts based on your entity type and filing method. Filing online saves you money for most business types and gets you immediate confirmation.
All fees are non-refundable once the Secretary of State processes your submission. South Dakota offers expedited processing for an additional $50 fee. Current figures are available in the state's official fee schedule.
Before opening the Secretary of State portal, gather all the data points the form will request. You'll need the following:
The registered agent section trips up most filers. South Dakota requires a physical in-state address plus either the agent's full name or their Commercial Registered Agent (CRA) number.
Different entity types require different people:
Signatures are straightforward but critical. Online, you type your name for an electronic signature. On paper, you need original ink. Either way, the signer must be an authorized member, manager, officer, director, or registered agent with written consent.
South Dakota doesn't tolerate late submissions. Miss your deadline by even one day, and you'll face a $50 late fee on top of your standard filing fee, except for nonprofits, which are not charged a late fee but risk administrative dissolution for non-compliance. Nonprofit corporations are exempt from the late fee but are still required to file annual reports.
Continued non-compliance can eventually affect your entity's good standing in the Secretary of State's records, which lenders, vendors, and buyers may check before doing business.
If you remain delinquent, the Secretary of State may initiate administrative dissolution or revoke your authority to do business after providing notice and a 60-day window to resolve the issue. Once dissolved, limited liability protection generally continues during the winding-up period, although personal liability can arise if legal obligations are not correctly fulfilled.
You also forfeit exclusive rights to your business name and can't sue, or sometimes even defend yourself, in South Dakota courts.
Can I file my South Dakota annual report early?
Yes. The Secretary of State opens filing 30 days before your anniversary month, so you can file early and avoid late fees. Online filings process immediately, regardless of when you submit.
What if I need to change information after I've submitted the report?
You'll need to submit a separate amendment. Basic changes like a new principal address can wait until the next yearly filing, but legal changes (like switching registered agents) require immediate filing with fees. A registered-agent change requires the "Statement of Change" form before your next submission will be accepted.
How long does it take to process the report?
Online filings indicate "accepted" as soon as payment is cleared. Paper filings typically take three to five business days for corporations and LLCs, and approximately one week for nonprofits.
How do I get a Certificate of Good Standing?
Order directly from the Secretary of State's website once your submission shows "current." There's a separate fee, and you must be current on all filings with no outstanding balances.
Can I pay for several years at once?
No. South Dakota requires one filing per year. If you missed prior years, you must file each delinquent form individually before the state accepts the current year's filing.
Discern automates South Dakota annual reports alongside compliance management across all 51 jurisdictions. Our platform provides deadline tracking, pre-filled forms using your existing entity data, and direct submission to state filing systems.
Ready to streamline your South Dakota compliance? Book a Discern demo today.
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