State Guides

South Dakota corporations: How to form and maintain your South Dakota corporation

Updated January 12, 2023
Share this guide

Should you form your corporation in South Dakota? We've collected the relevant information that will help you make this decision.


  • No state taxes

  • Low cost of living

  • Among "Best States for Business" (Forbes 2016)


  • Geographical distance from coasts

  • Sparse population

Cost of doing business

  • $150 filing fee / $50 annual report


  • Directors must be listed in periodic report

Forming your corporation in South Dakota

The name In order to communicate to the public that your new business is incorporated, its official name will need to end with one of the following signifiers (or a relevant abbreviation): “incorporated”, “Company”, “limited” or “corporation.” In addition, it is required that the name of your business is not intentionally misleading to consumers, for any reason. Your company’s new name must also be completely unique, and not deceptively similar to any other organizations name or trademarks. Do a FREE name search now.

Board of directors requirements You will need to form an official board of directors when incorporating in South Dakota. Here are the states explicit regulations regarding these directors:

  • Required number of directors

    South Dakota corporations must have at least one director listed in their incorporation documents.

  • Age restrictions

    Directors of corporations located in South Dakota can be of any age.

  • Residence restrictions

    There are no residence restrictions imposed on the directors of C corporations in South Dakota. However, S corporations are only allowed to have directors located in the United States.

  • What information needs to be included in the Articles of Incorporation?

    South Dakota does not require the names or addresses of directors to be disclosed in incorporation documents.

Requirements for the Articles of Incorporation

The Articles of Incorporation is a document that must be filed during the incorporation process in every state. Here is the information that must be included in this document when filing in South Dakota:

Stock information South Dakota requires the number of initial shares outstanding, and their par value, to be disclosed during the incorporation process. The number of outstanding shares does not affect initial state filing fees.

Officer information The state of South Dakota does not require officer information to be disclosed during the filing process.

Registered agent information All South Dakota corporations must have a registered agent on file, and submit their name and address (which cannot be a PO box). This agent will be required to be accessible during standard business hours, and act as the state’s point of contact with the company. Learn more about registered agents.

If your business is a professional practice Professional service corporations are permitted to form under the professional corporation (PC) structure.

Corporate record keeping requirements

Corporations are required to keep formal documentation regarding several of their operations. These are the explicit record keeping formalities required by South Dakota:

  • A copy of the Articles of Incorporation, bylaws, and their amendments

  • Records that detail the owners and class of all outstanding stock shares

  • The business address and names of all officers and directors

  • Formal, in-depth documentation of all stock related resolutions

  • A permanent record of meeting minutes for all shareholder and director meetings

  • A copy of all written communications with shareholders within the previous three years

  • A copy of the corporation’s most recent annual report

  • Formal documentation of all director and shareholder decisions, regardless of if they were made during a meeting or not.

South Dakota corporate taxation and fee requirements

There are several tax and fee requirements that must be addressed by corporations in South Dakota. They are as follows:

Taxation All states have complex taxation requirements. For more information regarding taxes in South Dakota, it is advised that you visit the state’s official business related website. 

Annual report requirements Corporations in South Dakota are required to file an annual report during the company’s anniversary month. There is a $50 fee associated with this process. Learn more about annual reports.

Tax identification numbers South Dakota requires an EIN (employee identification number) for all corporations that will have employees, and most banks will require one to open accounts. South Dakota does not require corporations to obtain state tax ID numbers. Learn more about EINs.

Business license requirements

The business licenses and permits required in South Dakota vary wildly depending on the county or municipality in which your new corporation is located. If you would like to see more in-depth information on licenses and permits, please feel free to visit the content in our learning library that covers business licenses and permits.

S corporation election South Dakota does not require a state-level S corp election, as they recognize any elections held at the federal level.

Need a South Dakota LLC instead? Click here.

Originally published on October 25, 2022, and last edited on January 12, 2023.

Frequently Asked Questions

Looking for answers? You came to the right place. To learn more about our company mission and culture, click the link below.

How much does it cost to form a Corporation or LLC?

Swyft Filings charges only $49 + state filing fees to incorporate your business. Filing fees vary from state to state. If you have a question about a specific state, feel free to email or contact us at 877-777-0450.

After completing my order, will I have to pay additional fees to your company?

No. For business filings, you paid the total price for your order at the time you placed it. 

However, if you signed up for the Swyft Filings Registered Agent Service, you will be charged for this service when the state grants your company a Certificate of Formation. This recurring fee will be automatically charged to your account for each period the service is active unless you change your Registered Agent with the State or dissolve your company.

When will my order be processed?

Orders are processed as they are received. However, clients that select Express Processing or Same Day Processing will have their orders processed before Standard Processing orders.

How long does the incorporation process take?

Incorporation times vary from state to state. Feel free to contact us by email or at 877-777-0450 for information on specific state processing times.

Swyft Blog

Everything you need to know about starting your business.

Each and every one of our customers is assigned a personal Business Specialist. You have their direct phone number and email. Have questions? Just call your personal Business Specialist. No need to wait in a pool of phone calls.

Should Artists Start an LLC?
Managing Your Business

Should Artists Start an LLC?

Your business credit score is an essential figure to estimate the creditworthiness of your business. Let us walk you through the credit scoring process.
Blog Card Image
Preparing to Launch

5 LegalZoom Alternatives for Entrepreneurs

If you’ve considered forming a Limited Liability Company (LLC), corporation, or nonprofit, you’ve probably heard of LegalZoom. This service has helped entrepreneurs with business formation since 2001.
Blog Card Image
Managing Your Business

Quoi Business Duo Focuses on Accessible Sustainable Healing & Community Outreach

Your business credit score is an essential figure to estimate the creditworthiness of your business. Let us walk you through the credit scoring process.
Blog Card Image
Preparing to Launch

The Responsibilities of a Registered Agent

Naming an individual as your business’s registered agent is a necessary part of incorporating any business.
Blog Card Image
Preparing to Launch

Why Should You Start Your Own Business?

While owning a business can be one of the most rewarding (and lucrative) decisions you can make, it is always good to look at both the pros and cons of business ownership before opening a company.
Blog Card Image
Preparing to Launch

Ready to start a business? Get it right from day one.

While running a business can be a very rewarding experience, there are several essential steps that need to be taken to ensure that your company is primed for a successful launch.

Do what you love. We'll handle the paperwork.

Trusted by over 250,000 businesses since 2015. Start your business with confidence. Affordable. Fast. Simple.

Incorporate now
Dummy Switchback Image