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Register Your Texas LLC in South Dakota
Step-by-step foreign qualification requirements, fees, and filing instructions for Texas LLCs expanding into South Dakota.
Cost Summary
- South Dakota filing fee
- $750
- Texas Certificate of Fact - Status
- $15
- Annual obligation in South Dakota
- $55/year
- Estimated year 1 total
- $820
Note: Year 1 total includes the $750 filing fee in South Dakota, the $15 Certificate of Fact - Status fee from Texas, and $55 in first-year South Dakota state charges. Registered agent fees (typically $100-$200/year) are not included.
Texas data last reviewed Aug 1, 2026 · sos.texas.gov
South Dakota data last reviewed Aug 1, 2026 · sosenterprise.sd.gov
How to register your Texas LLC in South Dakota
1
Check name availability in South Dakota
Before filing, verify that your LLC name (or a distinguishable variation) is available in South Dakota. If your exact name is already taken, you may need to register under a fictitious or assumed name.
Search the business name register on the South Dakota Secretary of State website before you file.
2
Get a Certificate of Fact - Status from Texas
South Dakota requires a Certificate of Fact - Status from Texas to prove your LLC is in good standing. The fee is $15. Available to order online. No expiration; third parties typically require certificate dated within 60-90 days.
Order from Texas ↗
3
File the Application for Certificate of Authority in South Dakota
Submit your application along with the Certificate of Fact - Status and the $750 filing fee. Processing time is 5-7 business days. Online filing is available.
South Dakota filing portal ↗
4
Appoint a registered agent in South Dakota
You must designate a registered agent with a physical address in South Dakota to accept legal documents on behalf of your LLC. This is required as part of the foreign qualification application.
Ongoing compliance in South Dakota
- Annual report
- $55/year
- Report due
- Anniversary month
- Processing time
- 5-7 business days
Important to know about South Dakota
- Foreign registration costs $750, tied with Texas for the highest in the country, against $150 to form domestically.
- The annual report is $55 online and $70 by paper.
If your LLC did business in South Dakota before filing, check the South Dakota foreign LLC penalty guide first. Back fees can run from the date you started, not the date you file.
Activities that do NOT require registration in South Dakota
- Maintaining or defending a lawsuit, administrative proceeding, or arbitration
- Holding meetings of members or managers, or carrying on internal company affairs
- Maintaining bank accounts
- Maintaining offices or agencies for the transfer, exchange, or registration of the LLC's own securities
- Selling through independent contractors
- Soliciting or obtaining orders if orders require acceptance outside the state before becoming contracts
- Creating or acquiring indebtedness, mortgages, or security interests in real or personal property
- Securing or collecting debts, or enforcing mortgages or security interests
- Owning real or personal property
- Conducting an isolated transaction completed within 30 days that is not part of repeated similar transactions
- Transacting business in interstate commerce
South Dakota's Uniform Limited Liability Company Act, codified at Chapter 47-34A, lists activities that do not constitute transacting business at Section 47-34A-1003.
Need a registered agent in South Dakota?
A registered agent is required for foreign qualification. These services operate in all 50 states.
Get Northwest Registered Agent ↗
Recommended · $125/year · Privacy included
Registered Agents Inc
$200/year · Report filing included, state fees extra
Harbor Compliance
$99 first year, then $149/year · Full-service compliance option
Not sure which service fits? Our full Northwest Registered Agent review and Harbor Compliance review cover pricing, renewal terms, and where each one fits.
Need a business address in South Dakota?
A virtual mailbox gives your LLC a professional address in South Dakota for mail forwarding, public filings, and banking, without leasing office space.
Independent mailbox providers
This page provides general information based on publicly available state requirements. It is not legal advice. Verify all fees and requirements with the South Dakota Secretary of State before filing.