How To Reinstate A South Dakota LLC
Revive Or Reinstate A South Dakota Limited Liability Company
To reinstate your domestic LLC in South Dakota you must complete the Application for Reinstatement of a Domestic Limited Liability Company form and deliver it by mail or in person to the South Dakota Secretary of State along with the filing fee. You must attach a certificate from the South Dakota Department of Revenue stating that all taxes owed by the LLC have been paid. You also must attach all back annual reports and include with their annual report fees of $50 for each year that you missed.
How much will it cost to revive a South Dakota LLC?
The filing fee for an Application for Reinstatement of a Domestic Limited Liability Company is $150, plus all back annual report fees, which are $50 per year.
How long does it take the state to process the filing?
Regular processing is approximately two days. You may expedite the processing for an additional $50, which usually ensures same-day processing. However, the South Dakota Department of Revenue could take a couple weeks to send you your tax clearance letter.
How do I get a tax clearance certificate from the South Dakota Department of Revenue?
The phone number for the direct line to the office that drafts the letter that will serve as your tax clearance certificate is, (605) 773-4701. You call and furnish the department with your business information and they will check to make sure you don’t have any back taxes that need paid.
How long does your South Dakota LLC have to be inactive with the state before you wouldn’t have any fees, and would just have to start over with a new South Dakota LLC?
Once a South Dakota Limited Liability Company has been administratively dissolved, it may apply for reinstatement at any time. There is no time period after which the South Dakota Secretary of State would require you to start over. If you voluntarily file articles of termination however, you may never apply to reinstate an LLC or corporation. You will have to start over in that case.
Can you change your South Dakota registered agent at the same time on the South Dakota reinstatement?
No, you cannot change your South Dakota registered agent this way. Once your reinstatement is processed in South Dakota, you then file a Statement of Change of Registered Agent.
Can you change your principal address at the same time on the South Dakota reinstatement form?
No. The Application for Reinstatement relates only to the curing of the grounds of the LLC’s administrative dissolution.
Can you change your members and/or managers at the same time on the South Dakota reinstatement form?
How many annual reports can you miss before you can’t revive your South Dakota LLC?
You may revive your South Dakota LLC at any time. Your company can remain inactive indefinitely and yet still be reinstated if the proper documents and fees are in order. (Application for Reinstatement, Annual Reports and Department of Revenue Certificate)