Foreign registration · Form LLC-5

South Dakota LLC Foreign Registration in California

To do business in California, an LLC formed in South Dakota registers there on Form LLC-5, with $70 in state fees. California also wants South Dakota's Certificate of Good Standing/Existence ($20), dated within 180 days. We file it with the Secretary of State, Business Entities from your South Dakota records, then serve as your agent for service of process there for year one.

South Dakota vs California: the paperwork

	South Dakota formed here	California registering here
Document	South Dakota Certificate of Good Standing/Existence	Form LLC-5
State fee	$20	$70 at order
How it is handled	South Dakota: online	Filed with California
Paid expedite		24-hour $350, same-day $750
Office	South Dakota Secretary of State	California Secretary of State, Business Entities
Official page	sosenterprise.sd.gov	sos.ca.gov
Age rule	Dated when issued	Accepted if dated within 180 days
Name endings	'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, L.L.C. or LLC
Yearly filing	Annual Report, $55, every year	Statement of Information (Form LLC-12), $20, every two years
Due	During the entity's anniversary month each year	Last day of the LLC's registration-anniversary month, biennially
Late yearly filing	$50 late fee	$250 late fee
Agent	Your South Dakota registered agent	Our California agent for service of process

How South Dakota companies register with California

Order the South Dakota certificate
The Certificate of Good Standing/Existence ($20) is ordered from South Dakota separately; it is not part of our California order. California accepts it within 180 days of South Dakota's issue date, so it is ordered shortly before filing.
We prepare and file Form LLC-5
It lists us as your California agent for service of process, next to your South Dakota name and formation date, with the certificate attached. The South Dakota certificate comes first; then the California filing goes in. After approval, your South Dakota LLC is registered with California.

California costs for South Dakota companies

Item	Amount
State fees, paid at order	$70
Certificate of Good Standing/Existence, paid to South Dakota	$20
Our service, with a year of California agent for service of process service	$199
First-year total, South Dakota certificate included	$289

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

Your South Dakota name and California's rules

California accepts your South Dakota name if it includes limited liability company, L.L.C. or LLC. South Dakota's list ('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.)) is not the same, but an ending such as “limited liability company” works in both states. If another California company uses the South Dakota name, an alternate name is allowed. California can hold a name for 60 days for $10 before you file.

Your California agent and the South Dakota one

California calls it an agent for service of process; South Dakota says registered agent. California papers come to us; South Dakota's agent is unchanged.

Staying in good standing in South Dakota and California

South Dakota wants the Annual Report every year ($55); California wants the Statement of Information (Form LLC-12) every two years ($20). The new registration does not replace any home-state filing.

LLC or corporation, South Dakota to California

A corporation formed in South Dakota files Form S&DC-S/N with California ($100 in state fees). After that come South Dakota's Annual Report and California's Statement of Information (Form SI-550) ($25). See the corporation filing.

Registering a California company in South Dakota

An LLC formed in California that registers with South Dakota files South Dakota's registration (no form number) with $750 in state fees, plus the Certificate of Status ($5). See that filing.

Common questions: South Dakota to California

Does my South Dakota company need to register in California?

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

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

$269 at checkout plus $20 to South Dakota for the Certificate of Good Standing/Existence, $289 in all (checkout is $70 in state fees plus our $199).

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

Yes: California wants it ($20), no more than 180 days old at filing.

How long does the California registration take?

California's online processing takes 5 days or less, once South Dakota's certificate is in hand. Paid expedite: 24-hour $350, same-day $750.

What are the yearly costs for South Dakota and California?

Our agent for service of process renewal ($149 a year), South Dakota's report ($55) and California's report ($20, every two years).

What if I don't register with California?

A South Dakota company cannot sue in court there until it registers.

Does California require a registered agent?

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

Will California accept my South Dakota name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its South Dakota name at home. California names must include limited liability company, L.L.C. or LLC; “limited liability company” works in both states.

Can I form a new California LLC instead?

Yes, but South Dakota keeps the original, so you run two companies: the new one files California's Statement of Information (Form LLC-12) ($20), and the original keeps South Dakota's Annual Report.

How do I withdraw from California later?

South Dakota companies leave by filing Form LLC-4/7 (no state fee); until then, California's report stays due alongside South Dakota's filings.

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