Last updated: September 15, 2022

If you have an LLC in South Dakota that you would like to dissolve, there are a few things you need to do in order to make it happen. In this blog post, we will walk you through the process of dissolving South Dakota LLC.

We will go over the required paperwork and the steps that need to be taken to dissolve your limited liability company correctly. Please consult with an attorney or contact the South Dakota Secretary of State if you have any questions.

Step 1: Follow Your South Dakota LLC Operating Agreement

All South Dakota limited liability companies likely have an Operating Agreement. This document outlines your LLC's rules and regulations. Following the Operating Agreement when dissolving your South Dakota LLC is essential because this will help prevent any disputes between LLC members. If you do not have an Operating Agreement, you can still dissolve your LLC, but you must follow the requirements set forth by state law.

Step 2: Notify Creditors and Settle Any Outstanding Debts.

A person holding her credit card and paper work

The next step South Dakota LLC dissolution process is to notify all the LLC members that you are planning on dissolving the business. You can do this via email, regular mail, or any other communication method agreed upon by the members.

Once you have given notice, you will need to wait for a while before taking further action. This waiting period is typically 60 days, but it may differ depending on your Operating Agreement's terms.

You will need to settle any outstanding debts the South Dakota LLC may have during this waiting period. This includes paying off any loans, credit cards, or other obligations. Once all of the debts have been paid off, you can proceed to the next step.

Step 3: Close All Tax Accounts

The following step in the dissolution process is closing all your South Dakota LLC's tax accounts. This includes filing a final tax return and ensuring that all taxes have been paid. If you have any outstanding taxes, you will need to pay them off before you can dissolve your South Dakota LLC. Once all tax obligations have been met, you can proceed to the next step.

Tax Clearance

A South Dakota business owner does not require to obtain a tax clearance certificate from the South Dakota Department of Revenue in dissolving your South Dakota LLC. However, you should check with the Department to ensure that all taxes have been paid and that there are no outstanding liabilities.

Step 4: File the South Dakota LLC Articles of Dissolution

Two office workers shaking hands

The next and final step in South Dakota LLC is to file Articles of Dissolution with the South Dakota Secretary of State. This form can be found on the South Dakota Secretary of State's website. You will need to fill out the form and pay the filing fee. The current filing fee is $10. The form must include the following information:

  • The name of your South Dakota LLC
  • The date of dissolution
  • The reason for dissolution (e.g., voluntary, involuntary, etc.)
  • The signature of a member or a registered agent

If you need assistance in dissolving your business entity, you can hire experts like Northwest Registered Agent to handle the process for you. Your South Dakota LLC will be officially dissolved once the form is submitted and the filing fee is processed by your regisered agent.

How to Dissolve a Foreign LLC in South Dakota

If your South Dakota LLC is based in another state but does business in South Dakota, you will need to follow the process for dissolving a foreign limited liability company. This process is slightly different than the process for dissolving a domestic limited liability company.

The first step is to file a Certificate of Authority to Dissolve with the South Dakota Secretary of State. This form can be found on the South Dakota Secretary of State's website. You will need to fill out the form and pay the filing fee, which is currently $25.

After Dissolving Your LLC

Once your South Dakota LLC has been dissolved, you will need to take a few steps in order to wind down the business. This includes canceling any licenses or permits that were issued to the LLC, as well as closing any bank accounts that are associated with the business.

You will also need to notify the IRS that the South Dakota LLC has been dissolved. Once you have taken all of these steps, your South Dakota LLC will be officially dissolved, and you will be free to move on to other ventures.

Reasons Behind Dissolving South Dakota LLC

There are a number of reasons why you may want to dissolve your South Dakota LLC. Maybe the business is no longer profitable, or maybe you've simply decided to move on to other ventures.

Whatever the reason, dissolving your LLC is a relatively simple process as long as you follow the steps that we have outlined in this blog post.

FAQs

What Is the Penalty if I Don’t File Annual Reports in South Dakota?

If you don't file an annual report in South Dakota, your limited liability company will be subject to administrative dissolution. This means that your LLC will be dissolved by the state, and you will no longer be able to operate your business. Additionally, you may be subject to late fees and penalties. Therefore, it is important to make sure that you file an annual report in a timely manner.

How Long Can Someone Take Your Business Name?

Once your South Dakota LLC has been dissolved, anyone can take your business name. Therefore, it is important to make sure that you choose a new name for your business as soon as possible.

How Long Does It Take the State to Process the Filing?

It usually takes the state of South Dakota a few weeks to process the filing. However, it is important to note that the time frame may vary depending on the workload of the Secretary of State's office. Therefore, it is best to allow for at least a few weeks when you are dissolving your LLC.

Dissolving an LLC in South Dakota: Conclusion

Dissolving your South Dakota LLC is a relatively simple process as long as you follow the steps that we have outlined in this blog post. Once you have taken care of all the necessary paperwork and made sure to wind down the business, your South Dakota LLC will be officially dissolved.

If you have any questions about the process, feel free to contact us, and we would be more than happy to assist you. Thanks for reading!

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