South Dakota Nonprofit Articles of Incorporation

Nonprofit articles of incorporation is the document filed to create a South Dakota nonprofit corporation.

Preparing and filing your articles of incorporation is the first step in starting your nonprofit corporation. Approval of this document secures your corporate name and creates the legal entity of the nonprofit. Only after this approval can you apply for 501c, apply for fundraising licenses, open a bank account, and otherwise conduct business.

Benefits

Incorporating provides many important benefits:

  • Limits the liability of directors, officers, and shareholders
  • Fulfills statutory requirements to register your organization's name
  • Is a prerequisite for applying for 501(c) tax exemption
  • Provides governance and adds credibility to the business or organization

Fast Facts

Agency:South Dakota Secretary of State
Form:

Articles of Incorporation

Instructions:

Domestic Nonprofit Corporations Informational Pamphlet and SD-GOV Information Gateway

Filing Method:

Mail

Agency Fee:

$30 + optional $50 expedite fee

Turnaround:

~3-5 business days. Expedited service is available for a $50 fee and is defined as completion sooner than the normal course of business upon request.

Law:

South Dakota Codified Laws - Title 47: Corporations

Notes:

Submit original and one copy.

Fact Checked:6/13/17

Other Helpful South Dakota Facts

As you are preparing to incorporate, keep in mind the following requirements specific to South Dakota, keep in mind:


South Dakota Directors

  • Number: minimum 3
  • Qualifications: None. No residency requirement. No membership requirement.
  • Term: 1 year
  • Quorum: majority
  • Committee: minimum 2 directors

South Dakota Officers

  • A president, one or more vice presidents, a secretary, and a treasurer are required.
  • Two or more offices may be held by the same individual, if so provided in the bylaws, except for president and secretary.

South Dakota Members

  • Members: optional
  • Regular meeting: required annually
  • Quorum: 1/10th votes

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