Whether you are starting a small business or looking to expand an existing one, filing articles of incorporation is an important step. In the state of South Dakota, the process is quite straightforward. This article will guide you through the necessary steps to file south dakota articles of incorporation.
What are Articles of Incorporation?
The articles of incorporation, also known as the certificate of incorporation or corporate charter, are legal documents required to establish a corporation. They outline the basic information about the company, such as its name, purpose, location, and the number of authorized shares.
Steps to File South Dakota Articles of Incorporation
1. Choose a Name for Your Corporation
The first step is to choose a unique and distinguishable name for your corporation. The name must not be similar to any existing businesses in South Dakota. To ensure the availability of your desired name, you can conduct a name search on the South Dakota Secretary of State's website.
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2. Prepare Your South Dakota Articles of Incorporation
Next, you need to prepare your articles of incorporation. South Dakota provides a downloadable template for corporations, which you can find on the Secretary of State's website. You can customize this template to include your specific details.
Ensure your articles of incorporation include the following information:
- The corporation's name and registered office address
- The name and address of your registered agent
- The number and kind of shares the corporation is authorized to issue
- The incorporator's name and address
3. Obtain a South Dakota Registered Agent
A registered agent is a person or entity designated to receive legal documents on behalf of the corporation. In South Dakota, your corporation must have a registered agent with a physical street address in the state.
You can choose to be your own registered agent or hire a professional registered agent service. Regardless of your choice, the registered agent should be available during regular business hours to receive legal documents and notifications.
4. Payment of Fee
Along with your articles of incorporation, you must submit the required filing fee. As of the time of writing this article, the fee for filing South Dakota Articles of Incorporation is $150. This can be paid for by check or money order made payable to the "Secretary of State."
5. File Your South Dakota Articles of Incorporation
Once you have completed the above steps, you are ready to file your articles of incorporation with the South Dakota Secretary of State's office. You have three options to submit your documents:
- Online submission: You can file electronically on the South Dakota Secretary of State website. This is the fastest and most convenient method.
- Mail: You can mail your documents, along with the filing fee, to the Secretary of State at the following address: Office of the Secretary of State, Suite 204, 500 East Capitol Avenue, Pierre, SD 57501.
- In-Person: You can submit your documents in person at the Secretary of State's office during regular business hours.
After submitting your articles of incorporation, it usually takes a few business days for the Secretary of State to process and approve them. Once approved, you will receive a stamped copy of your articles of incorporation via mail.
6. Draft Corporate Bylaws
Although not mandatory, drafting corporate bylaws is highly recommended. Bylaws outline the rules and regulations governing your corporation's internal affairs, such as shareholder rights, board responsibilities, and meeting procedures. They provide a clear framework for managing and operating your corporation.
Conclusion
Filing South Dakota Articles of Incorporation is a straightforward process if you follow the steps mentioned above. Choosing a unique name, preparing the necessary documents, and meeting the filing fee are key steps in successfully establishing your corporation.
Remember, it's always a good idea to consult with an attorney or professional business service to ensure compliance with all legal requirements and to tailor the process to fit your specific circumstances. Now that you have completed the steps, you are one step closer to starting your journey as a fully incorporated business in South Dakota!
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