South Dakota Certificate of Authority

What is a South Dakota certificate of authority?

Companies are required to register with the South Dakota Secretary of State before doing business in South Dakota. Businesses that are incorporated in another state will typically apply for a South Dakota certificate of authority. Doing so registers the business as a foreign entity and eliminates the need to incorporate a new entity.

Operating without a certificate of authority may result in penalties or fines. In addition to the state’s requirements, licensing agencies, banks, and vendors will often request a certificate of authority.

When do I need a certificate of authority?

The most common reasons for applying for a certificate of authority include:

  • Opening an office or physical location within the foreign state
  • Hiring an employee who resides within the state
  • Before beginning a contract or a job in a new state
  • A vendor or bank’s requirements
  • Licensing authority requirements

How do I get a South Dakota certificate of authority?

To obtain your South Dakota Certificate of Authority, you will submit an Application for Certificate of Authority, along with required certificates or certified copies from your home state. You will need to appoint a registered agent in order for your filing to be approved. Be sure to follow the state’s instructions carefully, as they can reject a document for the smallest error.

For Foreign Corporations:

Agency:South Dakota Secretary of State
Form:

Application for Certificate of Authority

Agency Fee:

$750 online and $765 by mail.

Law:

SDCL § 47-1A-1501

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within 90 days.

Fact Checked:1/28/19

For Foreign Limited Liability Companies:

Agency:South Dakota Secretary of State
Form:

Application for Certificate of Authority Application

Agency Fee:

$750 online and $765 by mail.

Law:

SDCL § 47-34A-1002

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within 90 days. Must submit original copy.

Fact Checked:1/28/19

For Foreign Nonprofit Corporations:

Agency:South Dakota Secretary of State
Form:

Non-Stock Application for Certificate of Authority

Agency Fee:

$125

Law:

SDCL § 47-27-1

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within 90 days.

Fact Checked:1/28/19

For Foreign Professional Corporations:

Agency:South Dakota Secretary of State
Form:

Application for Certificate of Authority

Agency Fee:

$750 online and $765 by mail.

Law:

SDCL § 47-1A-1501

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Certificate of existence dated within 90 days.

Fact Checked:1/28/19

For Foreign Limited Partnerships:

Agency:South Dakota Secretary of State
Form:

Foreign Limited Partnership Registration

Agency Fee:

$125

Law:

SDCL § 48-7-902

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Good standing certificate not required.

Fact Checked:1/28/19

For Foreign Limited Liability Limited Partnerships:

Agency:South Dakota Secretary of State
Form:

Statement of Qualification of a Foreign Limited Liability Limited Partnership

Agency Fee:

$125

Law:

SDCL § 48-7-902

Certified Copy Requirement:

Certified copies not required.

Certificate of Good Standing Requirement:

Good standing certificate not required.

Fact Checked:1/28/19

What do I need from my home state?

In order to obtain a South Dakota Certificate of Authority, you must also submit:

  • Limited Liability Company: Certificate of existence dated within 90 days. Must submit original copy.
  • Corporation: Certificate of existence dated within 90 days.
  • Nonprofit Corporation: Certificate of existence dated within 90 days.

What is a registered agent?

A registered agent receives service of process and government notices on behalf of your business. When you prepare your South Dakota Certificate of Authority application, you must list a registered agent with a physical address within the state (P.O. Boxes are not allowed).

Many businesses do not have an individual or physical address in a new state. Listing our local registered agent address on your certificate of authority application meets the state’s requirements. Additionally, you get same day document scanning from our local office in all 50 states and DC. Our registered agent service is a flat rate of $99 per year, and you can easily add our service to any certificate of authority order.


What is the contact information for the state?

South Dakota Secretary of State
Phone: 605-773-4845
Fax: 605-773-4550
https://sdsos.gov/default.aspx
Email: openforbiz@state.sd.us

Order Registered Agent Service Order Online
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