South Dakota’s economy thrives partly due to the strength of its small businesses, which account for 98.9% of all enterprises and employ over half of the state’s workforce. According to the 2024 Small Business Administration (SBA) report, the state is home to 94,379 small businesses.
This dynamic business landscape, combined with South Dakota’s pro-business policies and friendly tax climate, fosters endless opportunities for growth and success. South Dakota offers a uniquely attractive environment for industries ranging from healthcare and construction to retail and professional services. Through its streamlined systems, businesses can easily register entities such as corporations, partnerships, or nonprofits.
The South Dakota Secretary of State (SOS) is a key resource for entrepreneurs and investors looking to navigate and research business entities in the state. Here are the steps to conduct a business entity search in South Dakota:
Access the South Dakota SOS Business Entity Search Page
To begin the search, users should visit the official South Dakota SOS website at https://sdsos.gov/default.aspx.
From the homepage, they can:
- Scroll down to find the Division of Business Services table and click the appropriate link.
- Select the Search for a Business option from the available choices on the Business Services page.
For added convenience, users can go directly to the business entity search tool via this link: https://sosenterprise.sd.gov/BusinessServices/Business/FilingSearch.aspx.
Input the Search Criteria
On the search page, users can enter specific details to locate a business entity. They can start with the text box provided, where they can type the desired business name or a partial name to begin their search.
To refine the results, users can utilize filter options by selecting how the name should match, such as choosing “Starts With” or “Contains” using the radio buttons. Once the search criteria are finalized, users can click the Search button to proceed and view the results.
Analyze the South Dakota Business Entity Search Results
The results will appear in a table format, and all businesses that match the search criteria will be listed. Each row provides key details, including:
- Business ID
- The type of legal entity (e.g., LLC, corporation)
- The registered name of the company
- The name type
- Filing date
- Status
Review the South Dakota Business Entity Details
Selecting a Business ID will give users access to a detailed profile of a specific business entity organized into three main sections.
The first section includes essential details like the business name or DBA (“Doing Business As”) name, business ID, entity status (such as active or dissolved), principal office address, initial filing date, expiration or inactive date, and mailing address. The second section provides the registered agent’s name, physical address, and mailing address. The third section shows the entity’s filings with the SOS, including document types, filing dates, and links to publicly accessible filings.
Assistance and Contact Information
For further assistance, individuals can reach out to the South Dakota SOS Business Services division:
- Physical Address: 215 E. Prospect Ave., Pierre, SD 57501
- Phone: (605) 773-4845
- Email: [email protected]
Those who prefer face-to-face assistance can visit Pierre’s office during business hours. Alternatively, support is available remotely via phone, email, or by accessing resources on the official website.
Why Do a South Dakota Entity Search?
Here are some key reasons why performing an entity search in South Dakota is beneficial:
- Confirming Business Registration in South Dakota: Running an entity search allows individuals to verify whether a business is properly registered in South Dakota and check its status as active, dissolved, or inactive.
- Assessing Business Stability: Through an entity search, individuals can evaluate a business’s longevity in the market and review industry-specific survival trends. A business’s filing history also provides important information about its operational changes and overall stability.
- Validating Business Compliance with State Regulations: An entity search can indicate if businesses are meeting South Dakota’s legal requirements. It also helps conduct background checks prior to entering partnerships or transactions and verifies the business’s operational status.
- Preventing Trademark and Name Conflicts: Searching business names helps avoid potential trademark and naming issues by checking that there are no conflicts with existing registered entities.
- Analyzing Competition and Market Trends: Performing a business search provides a snapshot of the competitive environment in South Dakota. It highlights opportunities in key industries like construction, retail trade, and professional services and also offers insights into the local economic and employment impact.
Who Holds Data for South Dakota Business Entity Search
Along with the Business Services Division of the South Dakota SOS (Secretary of State), there are various organizations and resources that can help with business entity searches in the state. These include:
South Dakota Department of Revenue
The South Dakota Department of Revenue administers the state’s tax laws and manages revenue collection. Businesses must comply with state tax regulations, which include sales and use taxes, excise taxes, property taxes, and various other tax types. In addition to its tax management duties, the department provides several online lookup tools to help businesses and individuals access specific information.
These tools include a direct wine shipper search to verify licensed wine shippers, a list of licensed active brands for alcohol, and a list of gaming licensed manufacturers and associated equipment.
South Dakota Department of Labor and Regulation
The South Dakota Department of Labor and Regulation (DLR) manages the state’s workforce, tracks employment trends, and gathers business demographic data. The agency also promotes fair labor practices and enforces labor laws to uphold standards for wages, workplace safety, and other labor-related matters. The DLR maintains records of business registrations and employment.
It also offers an online verification system that allows users to check the status of licensed entities like real estate firms, insurance companies, and other regulated businesses.
South Dakota State Library
The South Dakota State Library serves as a central resource for a wide range of information to support research, education, and community growth across the state. It works closely with public libraries and offers services that benefit individuals, organizations, and businesses.
Beyond its general library services, the library offers access to state business databases that assist researchers and entrepreneurs. The Business Searching Interface provides information on country economic conditions, company profiles, industry trends, and market research.
South Dakota Department of Agriculture & Natural Resources
The South Dakota Department of Agriculture & Natural Resources manages the state’s agricultural and natural resource programs. Its mission is to promote sustainable agriculture, safeguard the environment, and enforce standards for air and water quality, soil conservation, and waste management.
The department handles a wide range of duties, including overseeing farming, ranching, and forestry programs and managing water resources and state lands. In addition to its regulatory functions, it provides online lookup tools for verifying licensed companies in sectors such as pesticide application, feed and fertilizer distribution, soil amendment services, and more.
South Dakota Department of Social Services
The South Dakota Department of Social Services (DSS) is dedicated to improving the quality of life for individuals and families throughout the state. Its primary focus is helping residents achieve self-sufficiency and enhance their overall well-being.
The DSS also supervises child protective services, foster care, and adoption programs. DSS offers a Child Care Provider Search tool for those in need of child care services.
The tool helps families find state-licensed childcare providers, such as daycares, within their communities. Parents can choose providers that meet the state’s health and safety standards.
South Dakota Department of Health
The South Dakota Department of Health offers various programs and services that focus on disease prevention and health promotion. It also administers initiatives related to chronic disease management, immunizations, and maternal and child health. In addition to these efforts, the department aims to enhance healthcare access for residents, particularly those with disabilities, mental health conditions, and substance use disorders.
One important resource it provides is the ability to verify the licenses of healthcare facilities in South Dakota so that residents can utilize facilities that meet state standards and operate legally.
County Clerk’s Offices
In South Dakota, county clerk offices keep business records for entities operating within their counties. These offices handle the registration of local business licenses and other required filings at the county level.
For those conducting a business entity search, county clerk records can offer information about businesses that may not be registered at the state level. These records help verify a business’s legal status and compliance with local regulations.
Records are usually accessible through in-person visits or online through official county websites to make it convenient for individuals to explore the available resources.
Local City Governments
Local city governments in South Dakota have authority over businesses within their city limits. They are responsible for issuing business licenses, enforcing zoning ordinances, and establishing other municipal regulations that businesses must adhere to. To legally operate within a city’s boundaries, businesses in South Dakota are required to register with the respective local government.
To verify a business’s status in a particular city, individuals can contact the relevant city office.
Federal Agencies
Businesses that operate across state lines or fall under federal regulations are subject to oversight by various federal agencies. For example, the U.S. Securities and Exchange Commission (SEC) regulates public companies, and South Dakota businesses in financial services or publicly traded sectors must comply with its rules. The U.S. Department of Labor (DOL) manages records concerning workplace safety, fair wages, and workers’ rights. Meanwhile, the Environmental Protection Agency (EPA) directs environmental regulations, including air and water quality standards and hazardous waste management. The Internal Revenue Service (IRS) enforces federal tax laws that businesses must comply with, including income, payroll, and excise taxes.
Commercial Database Providers
Beyond government resources, commercial database providers like Dun & Bradstreet and LexisNexis offer important business information. These providers gather company profiles, financial data, credit histories, and ownership details. Accessing these databases typically requires a subscription or a one-time payment. However, sensitive information may require direct consent from the business, and users must follow the terms of service set by the database providers.
What Are Different Entities You Can Register in South Dakota?
Starting a business in South Dakota involves making key decisions about the business structure, often with guidance from legal and financial advisors. Entrepreneurs need to consider factors such as tax implications, personal liability, and the necessary formalities. The most common types of business entities in South Dakota that entrepreneurs can choose from include:
Business Corporation
In South Dakota, a corporation is a distinct legal entity separate from its owners, which provides protection for shareholders from personal liability for business debts. The corporation itself assumes responsibility for any liabilities, but in cases of fraud or misconduct, shareholders may be held partially accountable. A corporation is managed by a board of directors chosen by the shareholders, with decision-making authority often vested in a few individuals. To form a corporation in South Dakota, one must file Articles of Incorporation with the SOS (Secretary of State). Additionally, corporations must appoint a registered agent in the state and submit an annual report. Corporations can choose between being taxed as C corporations or S corporations. A C corporation is subject to double taxation, where both the corporation’s profits and the dividends distributed to shareholders are taxed. On the other hand, an S corporation allows for pass-through taxation. South Dakota corporations benefit from easier ownership transfers through the sale of stock. However, the incorporation process involves complexities and costs, such as registration, tax compliance, and annual reporting, which should be considered when choosing this business structure.
Limited Liability Company (LLC)
An LLC blends the tax benefits of a partnership with the liability protection of a corporation. LLCs can have one or more members, and the business can be taxed as a partnership, sole proprietorship, or corporation. If taxed as a partnership or sole proprietorship, the LLC avoids double taxation, with profits and losses passing through to the members’ individual tax returns. LLCs protect owners from personal liability, which means they are not personally responsible for business debts, similar to corporations. All members of an LLC can manage the business without losing their liability protection. Forming an LLC can be comparable in complexity and cost to forming a corporation. LLCs typically have centralized management, with a board of governors overseeing the company. The LLC must appoint individuals, such as a chief manager and treasurer, to handle the company’s day-to-day operations. The operating agreement or articles of organization outline the management structure and decision-making processes. Members of an LLC have financial rights to share profits and losses and governance rights to influence business decisions. Governance rights cannot be transferred without unanimous approval from all members. A member leaving an LLC does not impact its existence unless specified in the operating agreement. However, if the last member exits and no new members join within 180 days, the LLC is dissolved.
Nonprofit Corporation
A nonprofit corporation is formed to serve a common goal without the aim of making a profit for individuals. It provides an effective and low-cost organizational structure, whether for small community events or large-scale projects involving many people. In South Dakota, a nonprofit can be established for any lawful purpose as long as it is not for financial gain. To create a nonprofit, the following guidelines must be followed:
- It cannot have shareholders or distribute dividends.
- It can compensate members, officers, and trustees reasonably for their services.
However, forming a nonprofit does not automatically grant tax-exempt status or make donations tax-deductible. Incorporating as a nonprofit is typically the first step in applying to the IRS for 501(c)(3) tax-exempt status. To apply for this status, contact the IRS for the necessary forms. In South Dakota, at least three individuals are needed to form a nonprofit corporation, and the Articles of Incorporation must be filed with the SOS.
Cooperative
A cooperative is a business structure where the users of its services own and control the organization rather than aiming to generate profits for investors. Cooperatives can be established as either incorporated or unincorporated entities. What sets cooperatives apart from for-profit corporations is their distinctive features: they are managed by user-owners, services are provided at cost, and the return on equity capital is limited.
General Partnership
A general partnership is a business structure where at least two members work together to run a business for profit. Partners can file a Statement of Partnership Authority with the SOS. One of the biggest risks in a general partnership is personal liability, which means that each partner can be held responsible for the full amount of business debts, even if they exceed their personal investment. Partners with more assets could be at greater risk. As for management, all partners typically have an equal say in decisions, although the partnership agreement can assign certain partners to specific roles. The partnership agreement will specify how to transfer ownership. If allowed, a partner can transfer their financial interest, but the person receiving the interest will not automatically become a partner. The partnership continues even if a partner leaves or passes away.
Limited Liability Partnership (LLP)
An LLP is a partnership structure that protects partners’ personal assets from business liabilities, such as debts from contracts or lawsuits. In an LLP, partners can be silent or limited and participate in the business without assuming unlimited liability. To form an LLP in South Dakota, a general partnership must file a registration with the SOS. Once registered, the LLP is active indefinitely unless the required annual report is not filed. A limited partner’s share can be transferred, and the partnership will continue if a limited partner dies or becomes incapacitated. In such cases, the legal representative of the deceased or incapacitated partner can manage their interest and settle the estate.
Sole Proprietorship
This business structure is the most cost-effective among the entity types available in South Dakota. The owner has complete control over all decisions without the need for consultation with others. Setting up a sole proprietorship is straightforward: the owner just needs to obtain the necessary licenses, register the business name, and start operating. However, the sole proprietor is personally liable for any business debts, which means their personal assets could be used to cover those debts. The owner can purchase insurance to manage risks like property damage or personal injury. Ownership of a sole proprietorship can be transferred by selling the business’s assets, which ends the original business entity. The business also ceases to exist if the owner dies or is unable to manage it. If the business operates under a fictitious name, the owner must register it with the local county so it can be legally recognized.
Useful Additional Information on the South Dakota Secretary of State’s Websites
In addition to business entity search, the South Dakota SOS website offers a range of resources designed to help businesses and individuals navigate the state’s business regulations. Some of its key features include:
Business Services Online
The SOS offers an online Business Services platform that streamlines several important business tasks. Through this service, business owners can easily register their businesses, retrieve and verify certificates of good standing, file their annual reports, and search for trademarks—all from one convenient location.
Business Forms
For those who prefer submitting paperwork in person, the website features a section titled Business Forms. These forms are organized by the type of business entity to make it simple to find the necessary paperwork. Additionally, there are miscellaneous forms for special circumstances.
Business Resources
The Business Resources page aims to assist both current and prospective business owners in South Dakota. It provides valuable information on the business registration process and related state regulations.
However, the information on the page is not intended to serve as legal advice. The SOS recommends consulting a professional for specific legal questions about business registration.
Filing Fees
The Filing Fees section lists all the fees that the SOS office collects for various services. The payment matrix includes costs associated with registering a business or completing other required business filings.
Frequently Asked Questions
The Frequently Asked Questions section on the South Dakota SOS website offers answers to common questions related to business registration, annual reports, compliance, and other services. This resource provides quick responses to routine inquiries but also includes contact information should additional assistance be necessary.
South Dakota Business Search FAQ
Find helpful answers to common questions about business entity searches in South Dakota:
How Often Is the South Dakota Business Entity Database Updated?
The database is updated almost daily with current and accurate information. However, for the most precise and up-to-date records, individuals can consult directly with the South Dakota SOS (Secretary of State).
Is There a Fee for Conducting a South Dakota Entity Search?
Users can search, view, and print information about businesses without any charge using the online search tool.
Are Foreign Entities Operating in South Dakota Searchable?
Foreign entities authorized to conduct business in South Dakota are included in the state’s business entity database. Individuals can search for these entities using the same online search tool available for domestic businesses.
Can One Check if a Business Name Is Available Using the Business Entity Search Tool?
Yes, the SOS offers a Name Availability Search feature. This tool allows users to determine if a desired business name is already in use or available for registration.
Can One Search for Inactive Entities in South Dakota?
Yes, the search tool includes records of both active and inactive entities.
How Can Someone Locate the Owners of a Business Using the Tool?
The SOS does not record ownership details for corporations and LLCs. The office only maintains records of LLC organizers and corporations’ incorporators and directors.
Can the Tool Display an Entity’s Business Tax Classification?
No, the SOS does not request or maintain information regarding an entity’s IRS (Internal Revenue Service) tax classification or designation. These classifications are determined directly between the business entity and the IRS and are not part of the state’s public records.
Is It Possible To Download the Complete List of Business Entities Registered in South Dakota?
Yes, the full database of business entities registered in South Dakota can be downloaded for a fee. Individuals can access the electronic file on the database downloads page.