Form a South Dakota Corporation – Form a corporation in South Dakota – Form a South Dakota S corp

Sun Corporate Filings can help you form a South Dakota corporation with the South Dakota Secretary of State on an expedited basis. To form a corporation in South Dakota or form a South Dakota subchapter S corporation, you must file the South Dakota Articles of Incorporation with the South Dakota Secretary of State. Sun can incorporate your South Dakota S corporation or register your C corporation in South Dakota so you can spend your time focusing on your South Dakota corporation's success.

We can form a South Dakota general stock corporation or a South Dakota Subchapter (South Dakota S Corp.) corporation for you at a low cost. Let us make the South Dakota incorporation process quick and painless for you by preparing and filing the South Dakota Articles of Incorporation with the South Dakota Secretary of State on your behalf.

To form a South Dakota corporation online, click here to see the costs and time turnaround options for South Dakota corporations.

How do I form a South Dakota Corporation?

There is no need to ask, "How do I form a South Dakota Corporation?" because we know how to incorporate in South Dakota form start to finish. First, we check corporate name availability with the South Dakota Secretary of State. Second, we prepare the South Dakota Articles of Incorporation. Third, before we form the South Dakota corporation, we verify that the Articles of Incorporation are free of errors. Fourth, we file the Articles of Incorporation with the South Dakota Secretary of State. Fifth, when the South Dakota Secretary of State files the South Dakota Articles of Incorporation, we will return the filed document to you. We make forming a corporation in South Dakota simple and fast!

What are the advantages of forming a South Dakota Corporation?

There are many advantages of forming a South Dakota corporation. To begin with, there is the protection of the "corporate veil" that provides limited liability to the owners (shareholders). The shareholders are not personally liable for debts and obligations of the corporation. They can personally lose only to the extent of their investments in the South Dakota corporation form purchasing stock. Since the South Dakota corporation is an independent legal entity, the South Dakota corporation has continuous existence. It does not cease to exist simply because one of the shareholders dies or retires. In addition, corporations are the most well known and widely recognized type of business entity. Corporations often have an easier time setting up insurance, retirement funds, profit-sharing, pension, and stock option plans than other business entities.

When you form a South Dakota corporation, the owners (shareholders) are not personally liable for the debts and obligations of the South Dakota corporation. Ownership in a South Dakota corporation is more easily transferable than other business entities. Under most circumstances, shares of stock can be sold without restriction to a third party without having to obtain consent from the South Dakota corporation itself. Another advantage of forming a South Dakota corporation is that capital can be raised more easily than other forms of business entities through the sale of stock.

How do I obtain an EIN or Employer Identification number or Tax Payer ID number for my South Dakota Corporation?

After we form a South Dakota corporation on your behalf, we offer supporting services. We can obtain an employer identification number (an EIN) for your South Dakota corporation. An EIN is required to open a bank account, hire employees, and to start business credit for your South Dakota corporation. If you purchase our South Dakota premium package, EIN obtainment is included for your South Dakota corporation.

How do I form a South Dakota S Corporation?

If you want to form a South Dakota S corporation or South Dakota sub chapter S corporation, we can prepare the form required to obtain S corporation status with the IRS. It is important to understand that your South Dakota S corporation starts as a general stock corporation (C corporation). To obtain or to form a South Dakota S corporation, you must file for subchapter S status with the Internal Revenue Service (IRS). Forming a South Dakota S corporation simply means the corporation is taxed like a partnership or LLC with a pass through tax structure. Make sure to check with your accountant or the IRS for limitations or read about South Dakota C corporations below. By obtaining S corporation status in South Dakota, it eliminates double taxation and the corporation generally does not file a tax return. On their tax return, the South Dakota S corporation's shareholders include their share of the South Dakota Corporation's separately stated items of income, deduction, loss, and credit, and their share of non-separately stated income or loss.

What are the advantages of a C Corporation in South Dakota?

Generally most people form South Dakota C corporations that plan on publicly trading the corporation's stock. Since South Dakota S corporations cannot have more than 75 shareholders, choosing to maintain a South Dakota C corporation allows for 76 shareholders or more. A South Dakota C corporation can have multiple classes of stock such as preferred and common shares. A South Dakota C corporation will be double taxed since both the corporate entity and the individual owners have to file tax returns. For this reason alone, many will find South Dakota S corporations desirable. However, a South Dakota S corporation can only be owned by individuals that are U.S. citizens or registered aliens, issue only one type of stock, and are limited to no more than 75 shareholders.

To form a South Dakota corporation online, click here to see the costs and time turnaround options for South Dakota corporations.

How do I obtain or prepare corporate bylaws for my South Dakota Corporation?

Often times, you can hire an attorney or paralegal to prepare the corporate bylaws for your South Dakota corporation but that could be very costly. If you purchase our premium package, Sun will prepare the initial bylaws (standard language) for your South Dakota corporation and include meeting minutes (MS Word format) that you can prepare as needed.

What are the corporate bylaws and why are they so important for my South Dakota corporation?

The corporate bylaws serve as a blueprint for your South Dakota corporation The bylaws contain the rights, privileges, and powers of the officers, directors, and shareholders. Most South Dakota bylaws contain the number of directors and their names. South Dakota bylaws also contain the names of the officers for the titles: President, Vice-President, Secretary, and Treasurer/Chief Financial Officer (CFO). The bylaws normally outline how the bylaws can be amended or changed at a future date.

Another important part of South Dakota corporation bylaws is to create "rules" on how the South Dakota corporation can open a bank account, take out loans, write checks, enter into contracts, obtain business credit, and issue stock certificates to its shareholders. Most South Dakota bylaws will reference a list of shareholders in alphabetical order that includes South Dakota shareholder's names, addresses, titles held with the South Dakota corporation, and the amount of shares the shareholder owns in the South Dakota corporation.

What is a South Dakota corporate seal?

After the South Dakota corporation prepares its bylaws or has Sun prepare the bylaws, the South Dakota corporation will need a corporate seal. What is a South Dakota corporate seal? A corporate seal is a handheld device that imprints paper with the corporation's name, state of formation, and date the South Dakota corporation was formed. Many banks and other lending institutes require South Dakota corporations to possess and use a corporation seal on business documents or loan papers. All South Dakota corporation kits that Sun sells contain a handheld corporate seal embosser.

What is a South Dakota corporation kit?

The South Dakota corporate kit is typically a hardbound binder that contains all of the South Dakota corporation's important documents such as the South Dakota Articles of Incorporation and bylaws. All the South Dakota corporation kits that Sun sells include having the South Dakota corporation's name hot stamped (professional imprint of the South Dakota corporation's name) on the spine. Most South Dakota corporation kits come with a slipcase to keep the binder safe. Some corporate kits are made with a slipcase built in. The choice is yours.

Another important part of a South Dakota corporate kit is stock certificates. All of the South Dakota corporate kits that Sun sells contain 20 custom stock certificates that include the South Dakota corporation's name, the amount of shares, the par value the corporation is authorized to issue, and the title of President and Secretary below the signature lines. If you have already formed your South Dakota corporation, you can order a South Dakota corporate kit by clicking here. We have a selection of high quality kits that come in array of styles and colors. Best of all, standard shipping is always free.

Now that you have formed your South Dakota corporation, obtained your EIN from the IRS, decided upon whether to elect S corporation status or remain a C corporation, prepared the South Dakota bylaws, issued shares of stock, and used your seal embosser, it is time to verify which local city and/or county tax licenses your business will need. The best place to start is your city hall or county recorder's office. Take the time to verify your areas business licensing requirements. For those of you who plan to run your South Dakota corporation out of your home, check with your city or county to find out if a work at home permit is required. Once your licensing requirements are met, it is time to start operating your South Dakota corporation.

To form a South Dakota corporation online, click here to see the costs and time turnaround options for South Dakota corporations.

We wish you the best with your South Dakota corporation business venture! Questions? 888 595-2747