What is A South Dakota Amendment?
South Dakota requires businesses to report any major changes to the organization. Doing this may involve the filing of the proper paperwork. If the information that your company wants to change is originally listed on its Articles of Incorporation/Organization, it has to file an amendment with the state.
Reasons Why You Need To File An Amendment
South Dakota requires the filing of an amendment for various reasons. Generally, if your company decides to make major changes that will affect the formal entity structure of the business, an amendment is necessary.
A. Changing The Company Name –
- LLCs
If a South Dakota LLC decides to change its business name, it has to go through a legal process. Your company has to submit an amendment with the Secretary of State. After this, you will also have to update all the records of your company with the government.
- Corporations
South Dakota corporations that want to do business under a new name also need to follow the process. File an amendment with the state. Then, update the company name on all official and legal records.
B. Changing Members Of The Business –
- LLCs
Your South Dakota LLC included information about its members and managers in the Articles of Organization. You will have to inform the Secretary of State if there are changes to the names, addresses, and contact information using an amendment form.
- Corporations
The Articles of Incorporation of your South Dakota corporation includes basic information about its officers and directors. So, if there are changes to the names, addresses, and contact information of these officials, report it to the state through an amendment.
C. Changing Address Related To The Business –
- LLCs
If it is necessary for your South Dakota LLC to move its office to a new address, you have to inform the Secretary of State about your South Dakota corporation. This way, you can be sure that all the necessary documents addressed to your company reach you.
- Corporations
The same thing is true for corporations. Filing an amendment will update the records of the Secretary of State about your South Dakota corporation. You will also have the assurance that you will receive all documents addressed to the company, such as those related to your filing and tax obligations.
D. Changing Contact Information –
- LLCs
You have to make sure the state knows the updated contact information of your South Dakota LLC. Any changes must be reported. The state requires a registered agent so that they will have a point of contact with the LLC. If you make any changes to the information related to the registered agent, you have to inform the state using the Annual Report Online Portal.
- Corporations
If there are changes in the contact information of your South Dakota corporation, make sure you let the state know. This way, they can easily reach you in case it needs to communicate important information. The state requires your corporation to have a registered agent to receive all legal documents on behalf of your company. You have to let the state know if there are changes related to your registered agent.
E. Changing The Number Of Shares That A Corporation Is Authorized To Issue –
South Dakota LLCs cannot issue stock. This amendment does not concern them. But, if your corporation has to make changes to its authorized stock, you have to inform the state by filing an amendment.
What Is Needed To File An Amendment?
LLC
Your LLC has to file 2 copies of the completed Application for Amended Articles of Organization with the Secretary of State. You can submit it in person or by mail. The filing of an amendment in South Dakota comes with a $60 fee.
Corporation
For South Dakota corporations, the state requires you to submit 2 copies of the completed Amendment to Articles of Incorporation form. You can file by mail, fax, or in-person with the Secretary of State. You will also need to include the $60 filing fee.
How Can DoMyLLC Assist With Streamlining The Process?
Making changes to a company’s formation documents require proper completion and filing of paperwork. Depending on the changes, you may also have to take care of other documents. To help ease the process, you can turn to a reliable document filing company like DoMyLLC. Our team can provide support and assistance to South Dakota business owners who need help in handling formalities to ensure compliance with the state.
South Dakota Amendment FAQs
If you decide to file for an amendment, your company will have to pay the $60 filing fee. Expedited service is available for an additional $50 fee.
LLCs have to provide the following information:
- Company name
- The LLC’s business ID
- The date you filed the Articles of Organization
- Exact text of the amendment
- Authorized signature
Corporations have to provide the following information:
- Company name
- The corporation’s business ID
- Exact text of the amendment
- Authorized signature
The Secretary of State normally takes 2 business days to process an amendment. However, if you paid for the expedited processing service, the Secretary of State will finish the processing within the day.
The Secretary of State will return a copy of the amendment to your company by mail. If you paid an additional $5 and requested the return of a copy by fax, they will send it by fax.
South Dakota Business Resources:
South Dakota Office of Secretary of State
Phone Number:
(605) 773-4845
Address:
South Dakota Secretary of State
Capitol Building 500 East Capitol Avenue
Pierre, SD 57501-5070