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Entity

Foreign registration · no form number

North Dakota LLC Foreign Registration in South Dakota

To do business in South Dakota, an LLC formed in North Dakota registers there on an online registration (no form number), with $750 in state fees. South Dakota also wants North Dakota's Certificate of Good Standing ($20). We file it with the Secretary of State using your North Dakota records and act as your registered agent there for the first year.

North Dakota vs South Dakota: the paperwork

North Dakota
formed here
South Dakota
registering here
DocumentNorth Dakota Certificate of Good StandingApplication for Certificate of Authority (Foreign LLC) (no form number)
State fee$20$750 at order
How it is handledNorth Dakota: onlineFiled online with South Dakota
Paid expedite$50
OfficeNorth Dakota Secretary of StateSouth Dakota Secretary of State
Official pagefirststop.sos.nd.govsdsos.gov
Age ruleDated when issuedMust be current
Name endingsthe words limited liability company, or LLC or L.L.C.'limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.)
Yearly filingAnnual Report, $50, every yearAnnual Report, $55, every year
DueNovember 15During the entity's anniversary month each year
Late yearly filing$50 late fee$50 late fee
AgentYour North Dakota registered agentOur South Dakota registered agent

How North Dakota companies register with South Dakota

  1. Order the North Dakota certificate

    The Certificate of Good Standing ($20) is ordered from North Dakota separately; it is not part of our South Dakota order. South Dakota wants the North Dakota certificate current, so it is ordered close to the filing date.

  2. We prepare and file the registration

    It names us as your South Dakota registered agent, with your North Dakota name and formation date and the certificate attached. Once North Dakota's certificate is in hand, South Dakota's filing goes in. After approval, your North Dakota LLC is registered with South Dakota.

South Dakota costs for North Dakota companies

ItemAmount
State fees, paid at order$750
Certificate of Good Standing, paid to North Dakota$20
Our service, with a year of South Dakota registered agent service$199
First-year total, North Dakota certificate included$969

South Dakota's paid expedite is optional and not in the total.

Will your North Dakota name work for South Dakota?

South Dakota accepts your North Dakota name if it includes 'limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.). North Dakota's list (the words limited liability company, or LLC or L.L.C.) is not the same, but an ending such as “limited liability company” works in both states. If South Dakota's records show it taken, you can use an alternate name for the North Dakota company. South Dakota can hold a name for $25 before you file.

Agents: South Dakota and North Dakota

North Dakota and South Dakota both call it a registered agent. Your current registered agent stays for North Dakota; ours takes South Dakota's papers and notices.

Staying in good standing in North Dakota and South Dakota

Each year your LLC files North Dakota's Annual Report ($50) and South Dakota's Annual Report ($55). With our $149 registered agent renewal, North Dakota plus South Dakota comes to $254 a year. Both states' filings stay current side by side.

LLC or corporation, North Dakota to South Dakota

A corporation formed in North Dakota files its own registration with South Dakota ($750 in state fees, the same, plus the Certificate of Good Standing ($20)). After that come North Dakota's Annual Report ($25) and South Dakota's Annual Report. See the corporation filing.

The other way: South Dakota into North Dakota

An LLC formed in South Dakota that registers with North Dakota files North Dakota's registration (no form number) with $135 in state fees, plus the Certificate of Good Standing/Existence ($20). See that filing.

Common questions: North Dakota to South Dakota

Does my North Dakota company need to register in South Dakota?

Yes, once a North Dakota business operates there; South Dakota law lists 10 activities that do not count on their own.

How much does it cost to register a North Dakota LLC in South Dakota?

$949 at checkout plus $20 to North Dakota for the Certificate of Good Standing, $969 in all (checkout is $750 in state fees plus our $199).

Do I need North Dakota's certificate of good standing?

Yes: South Dakota wants it ($20), current at filing.

How long does the South Dakota registration take?

South Dakota approves online filings immediately, once North Dakota's certificate is in hand. Paid expedite: $50.

What are the yearly costs for North Dakota and South Dakota?

$254 a year: our $149 registered agent renewal, $50 to North Dakota and $55 to South Dakota for the yearly reports.

Does South Dakota require a registered agent?

Yes: the North Dakota registered agent stays, and ours covers South Dakota for year one.

Will South Dakota accept my North Dakota name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its North Dakota name at home. South Dakota names must include 'limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.); “limited liability company” works in both states.

Can I form a new South Dakota LLC instead?

Yes, but North Dakota keeps the original, so you run two companies: the new one files South Dakota's Annual Report ($55), and the original keeps North Dakota's Annual Report.

How do I withdraw from South Dakota later?

North Dakota companies leave by filing a Notice of Cancellation of Certificate of Authority, Foreign Limited Liability Company; until then, South Dakota's report stays due alongside North Dakota's filings.

Official sources

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Total $949Register in South Dakota