How to file a South Dakota annual report

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 update a paper form, sign, and pay the required fee. 

Who has to file a South Dakota annual report?

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: 

  • Domestic corporations (for-profit or professional)
  • Domestic limited liability companies
  • Foreign corporations and LLCs authorized to do business in South Dakota 
  • Limited liability partnerships (LLPs)
  • Nonprofit corporations 
  • Cooperatives 
  • Religious corporations

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proprietorship, a general partnership that never elected LLP status, or an entity that has been formally dissolved or withdrawn from the state's register.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.

How to file a South Dakota annual report

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 get rejected for minor errors.

The online process takes about five minutes. 

  • Head to the Secretary of State's "File an Annual Report" portal and enter your Business ID number. Don't know it? Run a quick lookup in the state database
  • Review the pre-filled information and update your principal address, mailing address, and registered agent details if anything has changed. 
  • Confirm your officers, directors, or managers. LCs only have to list managers while member names stay off the public record, which protects privacy. 
  • Enter an email address so the state can remind you next year, then pay the filing fee.

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: 

  • Download the correct form from the Secretary of State's site and fill it out by hand. 
  • Every field must match the state's records exactly, as mismatched names or a P.O. Box for your registered agent 
  • Write a check or money order for the fee. 
  • Mail everything to the address on the form and track the package. 

Mailed forms take three to five business days for corporations and LLCs, and roughly a week for nonprofits.

Due dates and deadlines

South Dakota ties everything to your company's birthday. Every entity files on the first day of the month in which it originally formed or registered. Form on March 15? Your submission lands on 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.

Filing fees

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.

Filing Method Entity Type Fee Notes
Online Corporations / LLCs / LLPs $50 Immediate approval
Paper/Mail Corporations / LLCs / LLPs $65 Includes the state's $15 paper-processing surcharge
Online Nonprofits / Cooperatives $50 Same price regardless of formation state
Paper/Mail Nonprofits / Cooperatives $65 No added paper fee

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.

Required information

Before opening the Secretary of State portal, gather all the data points the form will request. You'll need the following:

  • Your exact business name and South Dakota Business ID. 
  • If your entity was created elsewhere, note that original state too. 
  • Verify your principal office's street address (no P.O. Boxes) and any separate mailing address. 

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. Corporations file annual reports, but are not required to list every officer and director with addresses. LLCs generally do not list managers or members in annual filings (disclosure of member or manager names is optional and not required). Nonprofits list board members and officers, and the state requires street addresses. 

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.

Consequences of not filing

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. 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.

FAQs about South Dakota’s annual report

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 your South Dakota annual report

Discern cuts down your administrative burden with automated deadline reminders, pre-filled forms using your existing data, and direct submission to the Secretary of State's system. 

Bulk filing clears dozens of submissions in one session from a single dashboard covering all 51 jurisdictions. Ready to streamline your South Dakota compliance? Book a Discern demo today.

Author
The Discern Team
Published Date
July 29, 2025
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