How to Change an LLC Name in South Dakota? (Full Guide)
An LLC name change in South Dakota is usually a big step for entities seeking a new public outlook.
You may want to change your LLC name in South Dakota if the nature of your business changed or expanded, or to simply rename the limited liability company. The process is relatively simple if you know the steps to follow and the documents to file.
As an experienced business consultant specializing in LLCs, I will guide you on how to change your business name in South Dakota.
Quick Summary
- To change an LLC name in South Dakota, you must file a name reservation form and an Amendment Certificate.
- You might be subject to a criminal penalty if you provide false information when filing the name reservation form or the Amendment Certificate.
- You can only pay the filing fee through a check, as the Secretary of State of South Dakota does not accept other payment options.
3 Steps to Change an LLC Name in South Dakota
You can change an LLC name in South Dakota through the following steps:
1. Choose a New South Dakota LLC Name
Pick a new South Dakota LLC name approved by your company's members, making sure that the replacement complies with the requirements of the state.
The word LLC should always be at the end of the name, and your business name can't be the same as the name of any other business in South Dakota.
You can always check with the South Dakota Secretary of State to see if your chosen LLC business name is available for you to use.
Make sure that the name does not infringe on the trademark rights of other businesses, and remember to protect your LLC's rights if it is going to be used as a trademark too.
2. File A Name Reservation Form
You can apply for a name reservation form by paying a filing fee of $25 through a check payable to the South Dakota Secretary of State.
The name reservation lasts 120 days, and you can only reserve the same name again after 60 days from the expiration date [1].
To fill out the form, you must provide the name of the applicant, the address of the principal office, the name to be reserved, and the date and signature of an authorized person.
3. File A South Dakota Amendment Certificate
You can apply to file a South Dakota LLC Amendment Certificate of the Articles of Organization by paying a filing fee of $60 through a check payable to the South Dakota Secretary of State [2].
You must provide relevant details when filling out the South Dakota LLC amendments form, such as the name and business ID of the LLC, the date of filing the original LLC Articles of Organization, what the amendment to the articles is, and the date and signature of a manager or member of the LLC.
What To Do After You Change Your South Dakota LLC Name?
After you change an LLC name, you will have to complete the following steps too:
- Change Your Operating Agreement: You must modify your LLC operating agreement to incorporate the new name.
- Get In Touch With Your Bank: You must contact your bank to see if you need a new LLC bank account.
- Check Your Business Licenses and Permits: You must contact the South Dakota Department of Labor and Regulation to see if you need to update your business licenses and permits or get new ones with the new LLC name.
- Update Your EIN: You can check out the IRS guide to see if you need to reapply for a new EIN.
- Inform the IRS: Submit a copy of the Certificate of Amendment along with a name-change letter to update the new name of your legal entity in the records of IRS.
- Make Changes on Every Other Relevant Document: Once your new name is in use, change every other relevant document you have and your website.
Related articles:
- How to Form an LLC in South Dakota
- How to Dissolve an LLC in South Dakota
- Best LLC Filing Services in South Dakota
FAQs
Do I Have To Notify The IRS Of My New South Dakota LLC Name?
You have to notify the IRS of your new South Dakota LLC name, providing them with information about your name change so they can update their records.
Is It Easy To Change My LLC Name In South Dakota?
Yes, it is easy for you to change your LLC name in South Dakota. You simply need to file a name reservation form and an Amendment Certificate once you have confirmed that the name is available, and you are good to go.
How Long Can I Reserve My LLC Name in South Dakota?
You can reserve your LLC name in South Dakota for 120 days, after which, if you fail to register or trademark it, it will become available for use by other businesses.
Do You Need Help Changing Your South Dakota LLC Name?
If you run an LLC and you do not have the time to change your South Dakota LLC name because of other tasks you have to handle, you need not worry.
IncFile can get the job done for you at an affordable price.
They will handle all the paperwork and help you make changes to your documents and records to give your LLC a new look while you focus on other essential aspects of your business that matter.
References:
- https://sdsos.gov/docs/business/reservationofllcname20180215.pdf
- https://sdsos.gov/docs/business/llc-domestic-amendmentarticles.pdf
