How to Change LLC Address in South Dakota | A Step-by-Step Guide


Steve Bennett
Steve Bennett
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Change LLC Address in South Dakota

When you form a Limited Liability Company (LLC) in South Dakota, you are required to provide a registered office address. This address is the official location where legal documents, such as the service of process, can be delivered. As your business grows, you may find it necessary to change your South Dakota LLC’s address for various reasons, such as moving to a larger space, expanding to multiple locations, or simply changing your Registered Agent.

Changing your South Dakota LLC address may seem daunting, but it can be simple and straightforward with the right information and guidance. In this article, Webinarcare Editorial Team will walk you through the necessary steps to change your South Dakota LLC’s address, ensuring that you remain compliant with South Dakota regulations.

How to Change South Dakota LLC Address

What is a Limited Liability Company?

A Limited Liability Company (LLC) is a specific form of a private limited company that combines aspects of partnership and corporate structures. It is a legal form of a company that provides its owners with limited liability. This means the owners are not personally liable for the company’s debts and liabilities beyond their investments in the company.

When it comes to changing the registered address of the LLC, the responsibility typically falls on the managers or members of the LLC, depending on the company’s structure.

The process is often as follows:

  1. The LLC must approve the change of address. This may happen at a members’ or managers’ meeting.
  2. Once approved, the appropriate form or document to effect the change of address must be filed with the South Dakota Secretary of State.
  3. The filing often includes a small processing fee. After accepting the filing, South Dakota will update the public record with the new address.

In South Dakota, the change of registered address can also be related to the address of the LLC’s Registered Agent. A Registered Agent is a person or entity appointed by the LLC to receive legal papers and service of process on its behalf. This is another crucial role in the LLC that might be involved in the address change, especially if the Registered Agent’s address is used as the business’s official address.

It’s important to note that the specifics of this process can vary quite a bit depending on the South Dakota LLC’s operating agreement and the specific administrative rules and requirements of South Dakota in which the LLC is registered.

Before you change your LLC address, it is advised that you consult with a legal expert. They will be aware of what’s best for you and your business. You can always start an LLC in South Dakota, if you wish to protect your personal assets from business debts.

– WEBINARCARE EDITORIAL TEAM

Reasons to Change South Dakota LLC Address

Changing the address of an LLC in South Dakota can be prompted by several reasons, each distinctive to the business’s circumstances and goals. Here are several common reasons:

  1. Relocation of Business: The main reason for changing an LLC address is the relocation of the business. This could be related to business expansion, more space, or moving to a more convenient location.
  2. Convenience or Strategy: Sometimes, an LLC might change its primary address for convenience or strategic reasons. For instance, the business might move closer to its customer base or an area with favorable economic benefits.
  3. Legal Requirements: If an LLC’s legal or Registered Agent changes its address, the company must also change its registered address since the Registered Agent’s location is where all legal correspondences are sent.
  4. Rental Issues: If the tenant agreement — such as a lease — expires or faces problems, it might compel an LLC to change addresses. Landlord disputes can also lead to a change of address.
  5. Management Changes: If the management or owner of the business changes and the old address is no longer feasible or relevant for the new management, a change of address becomes necessary.
  6. Privacy Concerns: Some LLC owners change their addresses for privacy reasons to separate their personal lives from their business activities.
  7. Cost Reduction: Sometimes, a business may change its address to move to a less expensive area to cut costs.
  8. Disaster Recovery: In the unfortunate event of a natural disaster or other unforeseen circumstances, such as a fire outbreak or civil disturbance, changing the LLC’s address might be necessary.
  9. Image and Branding: The business address can sometimes be part of the company image, particularly if the business is in an industry where location matters. An LLC may change addresses in such cases as part of a rebranding effort.

Remember, if your business operates as an LLC in South Dakota, it’s important to update the South Dakota Secretary of State or other relevant state agency whenever you change your business address. It helps to keep your business in good standing and to ensure that all official documents, notifications, and legal correspondences reach you or your Registered Agent.

How to Change South Dakota LLC Address

To change your South Dakota LLC address, you must follow the guidelines that include determining whether you need to change your LLC’s address, update your registered office address, update your principal place of business address, notify the IRS, and inform other relevant parties due to the amendment of your LLC address. 

Step 1: Determine If You Need to Change Your LLC’s Address

Before you begin the process of changing your South Dakota LLC’s address, it’s essential to determine whether a change is indeed necessary. In South Dakota, there are two primary addresses associated with your LLC:

Registered Office Address

This is the official address where legal documents and official correspondence will be delivered. If you are starting a business in South Dakota or changing your Registered Agent, you will need to update this address. Changing your Registered Agent is one of the reasons why you need to change your South Dakota LLC address because a Registered Agent should have a primary address in the state your LLC is registered. 

An example is having a Foreign LLC in South Dakota; a Registered Agent should have the same address as your registered Foreign LLC.

Principal Place of Business Address

This is where your South Dakota business operates. If you are moving your business, expanding to multiple locations, or changing your business structure, you must update this address. 

In some cases, you may need to update both addresses. Be sure to evaluate your specific situation to determine which addresses need to be updated.

Step 2: Update Your Registered Office Address

If you need to change your registered office address in South Dakota, you will likely need to file an address change form with the South Dakota Secretary of State. Below is an outline of the steps:

Obtain the Appropriate Form

Visit the South Dakota Secretary of State‘s website to download the necessary form for changing your South Dakota registered office address. This form may be called “South Dakota Statement of Change of Registered Office” or something similar.

For you to update the registered office address, you need to have the following;

1. Your South Dakota LLC must obtain a Certificate of Good Standing from the South Dakota Secretary of State, confirming that it has complied with all filing and tax obligations in the state of South Dakota.

2. Your South Dakota LLC must conduct a name search on South Carolina Secretary of State Business Filings Search to ensure that its desired name is available for use in the state of South Dakota. However, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 120 days. You must file a name reservation application with the South Dakota Secretary of State to keep the name. 

You can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for South Dakota DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person.

However, before filing a DBA, you should know that you need to renew your DBA every five years, which costs $10.

3. Your South Dakota LLC should prepare and file the Articles of Domestication with the South Dakota Secretary of State, providing information about its existing South Dakota LLC, its desired South Dakota LLC name, and its new registered office address in South Dakota.

4. Your South Dakota LLC has designated a Registered Agent with a physical address in South Dakota and is available during regular business hours to receive legal and official documents on behalf of the LLC.

In South Dakota, your Registered Agent must:

  • Be a resident of South Dakota or a business entity authorized to do business in South Dakota
  • Have a physical address in South Dakota (P.O. boxes are not acceptable)

Choosing a reliable and responsible Registered Agent is essential, as failure to receive and respond to legal documents can seriously affect your business. 

You can serve as your own Registered Agent or appoint a friend, family member or hire the Best South Dakota Registered Agent Services.

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Complete the Form

Carefully fill out the form, providing all required information, including your South Dakota LLC’s name, current registered office address, and new registered office address. You may also be required to provide the name and address of your new Registered Agent if you are changing agents.

Submit the Form

Once the form is completed, please submit it to the South Dakota Secretary of State, along with any required filing fees. You can usually submit your form online, by mail, or in person.

The fees in South Dakota for this process are as follows:

  • Articles of Domestication: The filing fee for Articles of Domestication with the South Dakota Secretary of State is $150.00 for conversion.
  • Dissolution of South Dakota LLC: The fee for filing the South Dakota Articles of Dissolution with the South Dakota Secretary of State is $10.

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Confirm the Change

After submitting your form and other required documents, you should receive a confirmation from the South Dakota Secretary of State that your address change has been processed. Keep this confirmation as proof that you have updated your registered office address.

Step 3: Update Your Principal Place of Business Address

If you need to change your South Dakota LLC’s principal place of business address in South Dakota, you may need to update your business license or other permits, depending on your specific situation. Here are some general steps to follow:

  • Contact Local Agencies: Contact the South Dakota Secretary of State that issued your business licenses or permits to determine their specific requirements for changing your address. Depending on your business type and location, this may include city, county, or state agencies.
  • Keep Records: Retain copies of any updated South Dakota licenses, permits, or other documents as proof that you have changed your principal place of business address. This may be necessary for future filings, audits, or compliance requirements.
  • Update your Licenses and Permits: Follow the instructions provided by the South Dakota Secretary of State to update your business licenses and permits with your new principal place of business address. 

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Step 4: Notify the IRS of Your Address Change

In addition to updating your South Dakota LLC’s address with the South Dakota Secretary of State and local agencies, you should also notify the Internal Revenue Service (IRS) of your address change. To do this, follow these steps:

  • Complete Form 8822-B: Download and complete IRS Form 8822-B, “Change of Address or Responsible Party – Business.” This form informs the IRS of your LLC’s new address.
  • Mail the Form: Mail the completed Form 8822-B to the IRS at the address specified in the form’s instructions. There is no filing fee associated with this form.
  • Update your EIN: If your South Dakota LLC has an Employer Identification Number (EIN), you should also update the address associated with your EIN by contacting the IRS via phone, mail, or fax. The specific contact information and instructions can be found on the IRS website.

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Step 5: Inform Other Relevant Parties of Your Address Change

To ensure that your South Dakota LLC remains in good standing and that you continue to receive important correspondence, you should also inform the following parties of your address change:

  • Banks and financial institutions
  • Vendors and suppliers
  • Customers and clients
  • Utility providers
  • South Dakota Insurance companies
  • Relevant industry associations or organizations

Update the Articles of Organization

When changing the address of your LLC in South Dakota, one of the pertinent requirements could be updating your Articles of Organization, which is the document initially filed to establish your business entity officially.

The Articles of Organization includes various pieces of information about the LLC, such as its name, primary place of business, and Registered Agent information. When you change the business address, it’s critical to ensure that the details on the Articles of Organization reflect this modification.

The process usually involves the following steps:

  1. Obtain the Proper Form: The LLC must get the right form to amend the Articles of Organization in South Dakota. This information is typically available on the state’s Secretary of State website or other relevant state agencies.
  2. Complete the Form: Fill out the form according to the instructions provided.
  3. Submit and Pay Fees: Once the form is completed, submit it to the South Dakota Secretary of State, along with any necessary filing fees. The fee for the amendment is $150.
  4. Record Keeping: Keep a copy of the amendment or change of address form for the company’s records.

Remember that the process and requirements for changing an LLC address may vary based on the regulations in South Dakota, so it’s always a good idea to consult with a professional or refer to the South Dakota Secretary of State website for accurate information.

Advantages of Changing South Dakota LLC Address

Changing the address of an LLC in South Dakota could bring several advantages, depending on the specific circumstances and reasons behind the move:

  • Business Growth and Expansion: If the change of address is due to the need for more space, the LLC is growing and expanding, which is a positive outcome.
  • Access to Resources: Moving to a new location could provide better access to essential resources, such as proximity to suppliers, customers, or a skilled labor pool, enhancing the company’s operation and potential profitability.
  • Strategic Benefits: The LLC might move to an advantageous business environment with strategic benefits such as a more favorable regulatory climate, lower taxes, or business-friendly policies.
  • Improved Professional Image: Moving to a prestigious business district or a well-known commercial area could enhance the professional image of the LLC and make it more attractive to clients or investors.
  • Lower Operating Costs: Changing the address could lower costs if the new location has cheaper rent, utility, or other operational expenses.
  • Improved Work Environment: A new address could mean a better work environment for employees, boosting morale, productivity, and, ultimately, the bottom line.
  • Enhanced Privacy: If an LLC owner uses a home address as the registered address, moving to a new, separate business address can help maintain privacy and separate personal life from business matters.

While these potential benefits can be compelling, it’s important to remember that changing an LLC’s address also involves informing the relevant government bodies in South Dakota, updating business contacts, and possibly revising marketing materials. LLC owners should factor these considerations into their decision-making process.

Can Form 882-B Be Used to Change the LLC Name? 

Form 8822-B, titled “Change of Address or Responsible Party — Business,” informs the Internal Revenue Service (IRS) of an address change for a business or a change in the responsible party. It cannot be used to change the name of an LLC.

To change the name of South Dakota LLC, you must follow the appropriate process in the state where your LLC is registered. This typically involves filing Articles of Amendment or a similar document with the South Dakota Secretary of State. After the name change has been approved at the state level, you should inform the IRS by following the instructions on your tax return or by sending a signed letter to the IRS office where you filed your return.

FAQs

What is an LLC?
LLC stands for Limited Liability Company. It is a type of business structure.
How do I change the address of my South Dakota LLC?
You can do it by filing a form with the South Dakota Secretary of State.
What is the form called that I need to file to change my LLC address?
The form is called the Annual Report Change of Registered Office or Registered Agent form.
Where can I find the Annual Report Change of Registered Office or Registered Agent form for South Dakota?
You can find it on the South Dakota Secretary of State website.
What information do I need to provide on the Annual Report Change of Registered Office or Registered Agent form?
You need to provide your LLC name, current address, new address, and the effective date of the change.
Are there any fees associated with changing the address of my South Dakota LLC?
Yes, there is a fee of $10.
Can I change the address of my South Dakota LLC online?
Yes, you can change it online through the South Dakota Secretary of State website.
How long does it take to change the address of my South Dakota LLC?
It normally takes a few business days.
Do I need to notify anyone else besides the South Dakota Secretary of State about the change of address?
You may also need to notify the IRS and your bank.
Can I change the address of my South Dakota LLC if I am no longer a South Dakota resident?
Yes, you can still change the address of your South Dakota LLC.
What happens if I don’t change the address of my South Dakota LLC?
You may not receive important notices and may be subject to penalties from the state.
Can I change the address of my South Dakota LLC to a different state?
No, you cannot change the address of your South Dakota LLC to a different state.
What happens if I provide incorrect information on the Annual Report Change of Registered Office or Registered Agent form?
Your change of address may be rejected, and you may have to resubmit the form with the correct information.
Can I change the address of my South Dakota LLC without an attorney?
Yes, you can change it without an attorney.
Is it possible to expedite the process of changing the address of my South Dakota LLC?
Yes, you can expedite the process for an additional fee.
What is the fee to expedite the process of changing the address of my South Dakota LLC?
The fee depends on how quickly you want your change of address to be processed.
How do I know if my change of address has been processed?
You can check the status of your change of address on the South Dakota Secretary of State website.
Can I change the address of my South Dakota LLC over the phone?
No, you must submit the Annual Report Change of Registered Office or Registered Agent form either online or by mail.
Can I change the address of my South Dakota LLC at any time?
Yes, you can change it at any time.
What happens if I move my LLC to a different state?
You will need to dissolve your South Dakota LLC and form a new LLC in the new state.
Do I need to update my business license when changing the address of my South Dakota LLC?
It depends on the city or county where your LLC is located. You should check with the appropriate offices to find out.
Can I change the registered agent for my South Dakota LLC at the same time as changing the address?
Yes, you can change your registered agent at the same time.
Can the registered agent be an out-of-state person?
No, the registered agent must be a resident of South Dakota.
How often do I need to file an Annual Report for my South Dakota LLC?
You need to file an Annual Report each year between January 1 and April 1.
What happens if I am late filing my Annual Report for my South Dakota LLC?
You may be subject to a late fee of $50 and risk having your business dissolved by the state.
Is there a difference between a business address and a registered agent address?
Yes, a business address is where your LLC is physically located, while a registered agent address is where legal notices are delivered.
Do I need to update my official LLC address on my website and business cards after changing the LLC address in South Dakota?
Yes, it is recommended that you update your website and business cards with your new official address.
How do I change my LLC address in South Dakota?
You can change your LLC address in South Dakota by filing a Statement of Change of Registered Office or Registered Agent with the South Dakota Secretary of State.
What is the fee for changing my LLC address in South Dakota?
The fee for changing your LLC address in South Dakota is $10.
Can I change my LLC address online in South Dakota?
Yes, you can change your LLC address online in South Dakota through the Secretary of State’s website.
What documents do I need to change my LLC address in South Dakota?
To change your LLC address in South Dakota, you will need to file a Statement of Change of Registered Office or Registered Agent form.
How long does it take to change my LLC address in South Dakota?
It can take up to two business days for your LLC address to be updated in the South Dakota Secretary of State’s system.
Can I change my LLC address to an out of state address in South Dakota?
Yes, you can change your LLC address to an out of state address in South Dakota, but you must also appoint a South Dakota registered agent.
Do I need to notify any other state agencies when I change my LLC address in South Dakota?
It depends on the nature of your business and whether you need to maintain any specific licenses or permits. Check with the appropriate state agencies for their requirements.
What if I want to change my LLC address and registered agent simultaneously in South Dakota?
You can file a Statement of Change of Registered Office or Registered Agent with the South Dakota Secretary of State to change your LLC address and registered agent at the same time.
Do I need to provide any additional information when changing my LLC address in South Dakota, such as my tax ID number?
No, you only need to provide your LLC name, previous address, and new address on the Statement of Change of Registered Office or Registered Agent form.
Where can I find the form to change my LLC address in South Dakota?
The form to change your LLC address in South Dakota is available on the Secretary of State’s website.
Can I fax my request to change my LLC address in South Dakota?
No, faxed requests are not accepted. You must file the Statement of Change of Registered Office or Registered Agent form through the mail or online.
Does changing my LLC address change my South Dakota business license and tax registration?
No, changing your LLC address does not automatically update your South Dakota business license or tax registration. You must contact the appropriate agencies to update your information with them.
How often can I change my LLC address in South Dakota?
There are no restrictions on how often you can change your LLC address in South Dakota.
Do I have to provide my new phone number or email address when changing my LLC address in South Dakota?
No, you only need to provide your new physical address on the Statement of Change of Registered Office or Registered Agent form.
What if I need to change my LLC address again in the future?
You can file another Statement of Change of Registered Office or Registered Agent form to update your LLC address in South Dakota.
Will I receive confirmation of my LLC address change in South Dakota?
Yes, you will receive a confirmation letter from the South Dakota Secretary of State once your LLC address change is processed.
What happens if I fail to notify the South Dakota Secretary of State of my LLC address change?
Failing to notify the South Dakota Secretary of State of your LLC address change can result in notification issues and potential legal problems.
Can I change my LLC name at the same time I change my LLC address in South Dakota?
No, you must file a separate form to change your LLC name in South Dakota.
What if I need to change the name of my South Dakota registered agent?
You can file a Statement of Change of Registered Office or Registered Agent form to change the name of your South Dakota registered agent.
Can I change the address of my South Dakota LLC’s principal office without changing the registered agent information?
Yes, you can change the address of your South Dakota LLC’s principal office without changing the registered agent information.
Is there a deadline for changing my LLC address in South Dakota?
There is no deadline for changing your LLC address in South Dakota.
Do I need to provide my LLC’s federal tax ID number when changing my LLC address in South Dakota?
No, you do not need to provide your LLC’s federal tax ID number when changing your LLC address in South Dakota.
Can I change the address of my South Dakota LLC’s mailing address without changing the physical office address?
Yes, you can change the address of your South Dakota LLC’s mailing address without changing the physical office address.
What if I need to change my LLC address in the middle of a lawsuit or legal action?
Contact your attorney for guidance on how to proceed with changing your LLC address in the middle of a lawsuit or legal action.
Is there a USCIS requirement to change the LLC address in South Dakota?
No, there is no USCIS requirement to change your LLC address in South Dakota.
What if I do not have a physical address for my LLC in South Dakota yet?
You cannot form an LLC in South Dakota without a physical street address. You should rent a mailbox or office space to use as your LLC’s physical address.
Can I use a virtual office address for my South Dakota LLC?
Yes, you can use a virtual office address for your South Dakota LLC, but you must have access to the physical address and mail forwarding services.

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Conclusion

Changing your LLC’s address in South Dakota can be relatively simple if you follow the above steps. By updating your registered office and principal place of business addresses, notifying the IRS, and informing other relevant parties, you can ensure that your LLC remains compliant with South Dakota regulations and continues to operate smoothly.

Remember to keep records of all address changes and any updated licenses, permits, or other documents, as these may be necessary for future filings, audits, or other compliance requirements. And as always, consult with a legal or business professional if you have any questions or concerns about your situation.

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