South Dakota State Form

South Dakota LLC Operating Agreement

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South Dakota Legal Requirements

Key SD statutes and obligations that apply to your llc operating agreement.

Requirements

  • South Dakota LLCs are governed by SDCL Title 47A (Uniform Limited Liability Company Act)
  • Articles of organization filing fee is $150; annual report fee is $50 (SDCL § 47A-1-13)
  • A registered agent with a South Dakota physical address is required (SDCL § 47A-1-13)

Restrictions & Limits

  • LLC name must include 'Limited Liability Company,' 'LLC,' or 'L.L.C.' (SDCL § 47A-1-08)
  • Professional LLCs offering licensed services (law, medicine) must comply with applicable licensing boards
  • An operating agreement may not eliminate members' duty of loyalty or the obligation of good faith

Official Statute References

Primary South Dakota statutes governing this document type.

South Dakota LLC Operating Agreement FAQ

Common questions about llc operating agreements under South Dakota law.

Does South Dakota require a written LLC operating agreement?

South Dakota does not mandate a written operating agreement by statute, but SDCL § 47A-1-01 et seq. allows oral, written, or implied agreements; a written agreement is strongly recommended to document member rights and profit allocations.

What are South Dakota LLC filing fees?

The initial articles of organization cost $150, and the annual report fee is $50. South Dakota has no state income tax, making it a cost-effective and tax-friendly state for LLC formation.

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Disclaimer: LegalLawDocs.com provides self-help legal documents for informational purposes only. The documents and information on this site do not constitute legal advice and are not a substitute for consultation with a licensed attorney. Laws vary by state and change frequently — review your document with a qualified professional before relying on it.