South Dakota Articles of Incorporation: Definition, Purpose

Quick Facts — Articles of Incorporation Lawyers

What are South Dakota Articles of Incorporation?

In South Dakota, Articles of Incorporation is a legal document that must be filed with the Secretary of State to start a corporation. A corporation’s articles need to include certain company information to be approved by the state. This information includes:

  • Corporate name
  • Address of the principal office
  • Name and address of the company’s registered agent
  • Business purpose
  • Number of authorized shares
  • Names and addresses of all incorporators

Articles of organization are usually approved as long as they adhere to the state guidelines and the appropriate filing fee is paid.

How Do I Find Articles of Incorporation in South Dakota?

The South Dakota Secretary of State maintains a business record database. Articles of incorporation are public documents so in this database, you can search for business entities using the entity name or business ID number.

Once you have found the business, you can view the articles of incorporation and see important company information like initial filing date, whether the company is in good standing, the address, and the registered agent.

Does South Dakota Require Articles of Incorporation?

Yes. Filing articles of incorporation is the required first step for establishing a corporation in South Dakota.

How Do I Fill Out Articles of Incorporation in South Dakota?

The most convenient way to fill out articles of incorporation is online using the “Start a New Business” portal on the South Dakota Secretary of State website. The portal provides a step-by-step guide to fill out articles of incorporation and then allows you to submit the articles and pay the filing fee all in one place.

The other option is the download the fillable PDF form for South Dakota articles of incorporation, fill them out, then mail them to the Secretary of State with the appropriate filing fee.

Whichever way you choose to fill out your company’s articles of incorporation, it is always recommended that you consult with a lawyer to ensure that your articles are free from mistakes and follow all state and federal laws.

Frequently Asked Questions

How do I hire a lawyer to draft articles of incorporation in South Dakota?

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Alexander C.

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I am a solo practitioner that runs my own legal practice. I am currently licensed in 16 states and I'm working to expand that reach.

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Does an LLC need articles of incorporation?

I am considering forming an NY LLC and am doing a bit of research.

Ramsey T.

Answered Mar 30, 2021

LLCs are not technically "companies" or "corporations" and therefore they are not formed by filing Articles of Incorporation. Corporations are formed when you file Articles of Incorporation. LLS are formed by an "Organizer" who files a Form of Organization or Articles of Organization with a state. LLCs actually are "hybrids" with characteristic of companies in some ways and of partnerships in other ways.

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Hello! My name is Damien Bosco, Esq. My law office is located in Long Island City across from Manhattan. A not-for-profit corporation may amend its Certificate of Incorporation from time to time by filing a Certificate of Amendment under Section 803 of the Not-for-Profit Corporation Law. The document may contain any information originally included in a Certificate of Incorporation (name change, revision to the purpose clause, etc.). Because you plan to alter the corporation's purpose, you must review Section 804 to ensure you obtain the necessary consent. If you need a consultation or help with this, feel free to reach out. Best regards.

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You need articles of incorporation when you start a business, open a business bank account, and apply for a tax identification number. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

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