Pre-Organization Kits

for Your State

This kit provides tools to help you determine your LLC's purpose, structure and governance prior to organization.

For Immediate Download

$19.95
Select state
Add to Cart
Free eSignature included
with every order
Please select a state

File types included

  • Microsoft Word
  • Adobe PDF
  • WordPerfect
  • Rich Text Format

Compatible with

  • Windows
  • Mac OS X
  • Linux

For Immediate Download

$19.95
Select state
Add to Cart
Free eSignature included
with every order
Please select a state

Attorney prepared

Our forms are kept up-to-date and accurate by our lawyers

Unlike other sites, every document on FindLegalForms.com is prepared by an attorney, so you can be sure that you are getting a form that is accurate and valid in your state.

Valid in your state

Our forms are guaranteed
to be valid in your state

Our team works tirelessly to keep our products current. As the laws change in your state, so do our forms.

Over 3,500,000
satisfied customers

In over 10 years of creating and selling legal forms, our focus has never changed: providing our customers high quality legal products, low prices and an experience that takes some confusion out of the law.

Free eSignature

Sign your form online, free with any form purchase

We now provide a free Electronic Signature Service to all of our visitors. There are no hidden charges or subscription fees, it's just plain free.

60-Days Money Back

Try our forms with no risk

If you are unhappy with your form purchase for any reason at all, contact us within 60 days and we will refund 100% of your money back.
Avoid the common pitfalls of starting up a limited liability company by using our Pre-Organization Kit.

By using the included worksheets and checklists, you will have before you all of the basic data you will need to complete your organization paperwork. But perhaps even more important, by using this kit you will also uncover any potential differences of opinion among the organizers.

Often, conflicts and demands are not known until the actual process of determining the company's structure begins. Frank discussions regarding the questions of voting rights, distribution of profits, amounts of contributions, and other management decisions often will enable potential associates to resolve many of the difficult problems of company management in advance, thereby avoiding much larger and more costly problems in the future.

The use of a written worksheet will also provide all persons involved with a clear and permanent record of the issues discussed and the decisions made, which may be important as your company grows.

Included in this packet are the following:

?ú Instructions for completing Pre-Organization Worksheet
?ú Pre-Organization Worksheet
?ú Pre-Organization Checklist
?ú Document Filing Checklist

This Kit has been designed for use in South your state.
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Limited Liability Company
Pre-Organization Kit
(South Dakota)







This Packet Includes:
1. Information


2. Step-by-Step Instructions
3. Pre-Organization Worksheet
4. Pre-Organization Checklist
5. Document Filing Checklist



Information
LLC Pre-Organization Kit
(South Dakota)

This kit provides tools for determining the details of a limited liability companys purpose, structure and governance prior to organization within the State of South Dakota.

The process of preparing this worksheet will also help uncover any potential differences of opinion among the persons who desire to form the limited liability company.  Often, conflicts and demands are not known until the actual process of determining the companys structure begins.  Frank discussions regarding the questions of voting rights, distribution of profits, amounts of contributions, and other management decisions often will enable potential associates to resolve many of the difficult problems of company management in advance. The use of a written worksheet will also provide all persons involved with a clear and permanent record of the information.  This may provide the principals of the company with vital support for later decisions that may be required.

Note: Please note that the state specific information provided in this packet may change. To ensure its accuracy, please contact your state's Secretary of State or visit their website at http://www.sdsos.gov.






Step-by-Step Instructions
LLC Pre-Organization Kit
(South Dakota)

   Address of state limited liability company department:  The address is listed on the Worksheet.  You should write to this department immediately, requesting all available information on organization of a business limited liability company in the State of South Dakota, as state laws and fees charged for organization are subject to change.  Having the latest available information will save you time and trouble.  Please note that you can also download state forms and fee schedules at http://www.sdsos.gov/corporations/.

   Company name:  The selection of a name is often crucial to the success of a limited liability company.  The name must not conflict with any existing company names, nor must it be deceptively similar to other names.  It is often wise to clearly explain the business of the limited liability company through the choice of name.  In South Dakota, a company name may be reserved for 120 days for a fee of $20.  The name must contain the words “Limited Liability Company” or “Limited Company,” or the abbreviations “LLC,“L.L.C.,“LC,” or “L.C.”  The words “Limited” and “Company” may be abbreviated as “Ltd.” and “Co.

   Parties involved: This listing should provide the names, addresses, and phone numbers of all of the people who are involved in the planning stages of the limited liability company.

   Principal place of business: This must be the address of the actual physical location of the main business.  It may not be a post office box.  If the limited liability company is home-based, this address should be the home address.



   Purpose of limited liability company: All states provide for the use of an “all-purpose” business purpose clause in describing the main activity of the business; for example, “to conduct any and all lawful business.

   State/local licenses required: Here you should note any specific requirements for licenses to operate your type of business.  Most states require obtaining a tax ID number and retail, wholesale, or sales tax license.  A Federal tax ID number must be obtained by all limited liability companies.  Additionally, certain types of businesses will require health department approvals, state board licensing, or other forms of licenses.  If necessary, check with a competent local attorney for details regarding the types of licenses required for your locality and business type.



   Patents/copyrights/trademarks: If patents, copyrights, or trademarks will need to be transferred into the limited liability company, they should be noted here.

   State of organization: In general, the limited liability company should be organized in the state in which it will conduct business.

   Company existence: The choices here are perpetual (forever) or limited to a certain length. In virtually all cases, you should choose perpetual.

   Proposed date to begin company business: This should be the date on which you expect the limited liability company to begin its legal existence.  Until this date (actually, until the state formally approves the Articles of Organization), the organizers of your limited liability company will continue to be legally liable for any business conducted on behalf of the proposed limited liability company.

   Organizers: This should be the person (or persons) who will prepare and file the Articles of Organization.  In South Dakota, the minimum number of organizers is one.

   Number of members:  In South Dakota, the minimum number of members for a limited liability company is one.  Members may be natural persons or business entities.
   Proposed members:  Here you should list the names and addresses of the proposed members of the company.  In South Dakota, it is required that these names and addresses be stated in the Articles of Organization.



   Limited liability companys registered agent and address:  Here you should list the name and actual street address of the person who will act as the registered agent of the limited liability company.  All states require that a specific person be available as the agent of the limited liability company for the service of process (that is: to accept subpoenas or summons on behalf of the limited liability company).  The person need not be a member of the limited liability company.  The registered agent need not be a lawyer.   Normally, the main owner or the attorney of the limited liability company is selected as the registered agent.

   Initial Investment:  This figure is the total amount of money or property that will be transferred to the limited liability company upon its beginning business.  This transfer will be in exchange for ownership interests in the limited liability company.  This is also referred to as “paid-in capital.”  List also the dates on which the contributions are to be made.


   Additional contributions by members:  If there are to be planned additional member contributions of money, services, or property, list them here.
   Initial indebtedness:  If there is to be any initial indebtedness for the limited liability company, please list it here.
   Share of profits and losses:  Under this heading is noted how the members decide in what proportions the profits and losses of the business will be distributed to the members.  This may, but need not, be based on the amount of the contributions of the members to the company.   Distribution of profits and losses:  Here decide how the limited liability company will distribute its profits and losses to each partner.  If the company will retain a portion of the profits for reinvestment, note that here.

   Management of the limited liability company:  If the business is to be managed by members only, or members and managers, or managers only, note the decision here.  Also note who will actually comprise the management of the company.

   Date of first members meeting:  This will be the date proposed for holding the first meeting of the members, at which the company Operating Agreement will be officially adopted

   Proposed bank for company bank account: In advance of organization, you should determine the bank which will handle the company accounts.  Obtain from the bank the necessary bank resolution form, which will be signed by the members at the first members meeting.

   Cost of organization: The state fee for organization in South Dakota is a filing fee of $125.  (Please note that a complete fee schedule is available at the web address listed above).  This cost should also reflect the cost of obtaining professional assistance (legal or accounting); the cost of procuring the necessary supplies; and any other direct costs of the organization process.  



   Out-of-state qualification: If the limited liability company desires to actively conduct business in a state other that the main state of organization, it is necessary to “qualify” the limited liability company in that state.  This generally requires obtaining a Certificate of Authority to Transact Business from the other state.  In this context, a limited liability company from another state is referred to as a “foreign” limited liability company.  If you desire that your limited liability company qualify for activities in another state, you are advised to consult a competent business attorney.



   Required quorum for members: This is the percentage of ownership of shares in the limited liability company that must be represented at a members meeting in order to officially transact any company business.  This is normally set at a “majority” (over 50 percent), although this figure can be set higher.

   Annual members meeting: The date, time, and place of the annual members meeting should be specified.

   Required vote for member action: Once it is determined that a quorum of members is present at a meeting, this is the percentage of ownership shares of the limited liability company that must vote in the affirmative in order to officially pass any member business. This is normally set at a “majority” (more than 50 percent), although this figure can be set higher and can be made to be unanimous.

   Fiscal year and accounting type: For accounting purposes, the fiscal year and accounting type (cash or accrual) of the limited liability company should be chosen in advance. Please consult with a competent accounting professional.

   Financial authority: Here list the authority of each proposed member to sign checks, borrow money in the company name, or sign documents in the name of the limited liability company.
   Loans to members: In this item, decide if you wish the company to have the ability to make loans directly to its members.
   Salaries to members: Here you should decide if the members will earn a salary for their work on behalf of the company.

   Transfer of membership interests: Under this listing, a decision should be noted as to whether and how members are to be allowed to transfer their ownership interests in the limited liability company to third parties.  This may range from “not at all” to “freely” or may be unanimous or majority consent of the other members.

   Expulsion of members: Here you should consider the terms and conditions for the removal of members.



   Insurance: Under this heading, consider the types of insurance that you will need, ranging from general casualty to various business liability policies.  Also consider the need for the members or the company to provide the members with life and/or disability insurance.





   New members: Will new members be allowed in the company?  Here note the terms and conditions for their entry.

   Termination of limited liability company: How will the company end?  Here list any considerations relating to the dissolution of the limited liability company that you may wish to be considered.

   Amendments to Articles of Organization: Here should be the determination of how the limited liability company will amend the Articles of Organization.

   Amendments to Operating Agreement: Here should be the determination of how the limited liability company will amend its Operating Agreement.







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

LLC Pre-Organization Worksheet  South Dakota


Name/Address of State Limited Liability Company Department:
      South Dakota Secretary of State
      500 East Capitol Ave.
      Pierre, SD  57501
Proposed Name of the Limited Liability Company
First choice: ___________________________________________________________________

Alternate choices: _______________________________________________________________ ______________________________________________________________________________Parties Involved in Forming the Limited Liability Company

   Name   Address       Phone
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________


Location of Business
Address of principal place of business: ____________________________________________________________________________________________________________________________

Description of principal place of business: ___________________________________________ ______________________________________________________________________________

Ownership of principal place of business (own or lease?): _______________________________ ______________________________________________________________________________

Other places of business: _________________________________________________________
____________________________________________________________________________________________________________________________________________________________

Type of Business

Purpose of limited liability company: _____________________________________________________________________________________________________________________________

State/local licenses required: ______________________________________________________

Patents/copyrights/trademarks: ____________________________________________________


Organization Matters
 
State of organization:   South Dakota

Company existence (limited or perpetual?): __________________________________________

Proposed date to begin company business: ___________________________________________

Names and addresses of those who will act as organizers:

       Name            Address
_________________________________   ___________________________________________
_________________________________   ___________________________________________
_________________________________   ___________________________________________

Number of proposed members:  ____________________________________________________

Proposed members of the company:

  Name               Address            Phone
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________

Limited liability companys registered agent and office address: ________________________________________________________________________________________________________

Initial investment total:  $   ________________
Date when due:   ________________      


  Name            Cash/Property/Services         Value
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________

Additional contributions: $   ________________
Date when due:      ________________

  Name            Cash/Property/Services         Value
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________

Members share of profits and losses:

  Name               Proportionate Share of Profits and Losses   
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________

Distribution and retention of profits and losses:  _______________________________________

Initial indebtedness:  $ _________________

Management of the company:

  Name               Proportionate Share of Profits and Losses   
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________

Proposed date of first members meeting:  ____________________________________________

Proposed bank for company bank account: ___________________________________________

Cost of organization:  ____________________________________________________________

Is qualification in other states necessary?  ____________________________________________

Company Operating Agreement

Required quorum for members meetings:  ____________________________________________

Annual members meeting:

   Place   Date   Time ______________________________________      ____________________       _____________

Required vote for members actions: (majority/%/unanimous?):  __________________________

Fiscal Year:  ___________________________________________________________________

Accounting type (cash or accrual?):  ________________________________________________

Financial authority:

  Name                         Authority to Do
___________________________________      ________________________________________

Loans to members:   _____________________________________________________________

Salaries of members:
Name                               Salary
___________________________________      ________________________________________
___________________________________      ________________________________________
___________________________________      ________________________________________

Transfer of membership interests:   _________________________________________________

Expulsion of members:  __________________________________________________________

Insurance needs: ________________________________________________________________

New members: _________________________________________________________________

Termination of limited liability company: ____________________________________________

Amendments to Articles of Organization (majority/%/unanimous?): _____________________________________________________________________________________________________

Amendments to Operating Agreement (majority/%/unanimous?): _______________________________________________________________________________________________________



LLC Pre-Organization Checklist  South Dakota


?   Write state limited liability company office for information

?    Complete Pre-Organization Worksheet

?    Check annual fees and filing requirements

?   Reserve company name, if desired, by filing with the state.

?   Prepare Articles of Organization

?   Prepare Operating Agreement

?    If desired, have attorney review Articles of Organization prior to filing

?   Review tax impact of organization with an accountant

?   Check state tax, employment, licensing, unemployment, and workers compensation requirements

?   Check insurance requirements

?    Prepare company accounting ledgers

?    Prepare company record book (loose leaf binder)

LLC Document Filing Checklist  South Dakota


?    Application for Reservation of Limited Liability Company Name (if desired)

?   Articles of Organization (mandatory)

?   Amendments to Articles of Organization (mandatory, if applicable)

?   Annual Company Reports (mandatory)

?   Change of Address of Registered Agent (mandatory)

?   Articles of Dissolution (mandatory, if applicable)

?   Any other required state forms


Number of Pages11
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#29475
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Limited Liability Company
Pre-Organization Kit
(South Dakota)







This Packet Includes:
1. Information


2. Step-by-Step Instructions
3. Pre-Organization Worksheet
4. Pre-Organization Checklist
5. Document Filing Checklist



Information
LLC Pre-Organization Kit
(South Dakota)

This kit provides tools for determining the details of a limited liability companys purpose, structure and governance prior to organization within the State of South Dakota.

The process of preparing this worksheet will also help uncover any potential differences of opinion among the persons who desire to form the limited liability company.  Often, conflicts and demands are not known until the actual process of determining the companys structure begins.  Frank discussions regarding the questions of voting rights, distribution of profits, amounts of contributions, and other management decisions often will enable potential associates to resolve many of the difficult problems of company management in advance. The use of a written worksheet will also provide all persons involved with a clear and permanent record of the information.  This may provide the principals of the company with vital support for later decisions that may be required.

Note: Please note that the state specific information provided in this packet may change. To ensure its accuracy, please contact your state's Secretary of State or visit their website at http://www.sdsos.gov.






Step-by-Step Instructions
LLC Pre-Organization Kit
(South Dakota)

   Address of state limited liability company department:  The address is listed on the Worksheet.  You should write to this department immediately, requesting all available information on organization of a business limited liability company in the State of South Dakota, as state laws and fees charged for organization are subject to change.  Having the latest available information will save you time and trouble.  Please note that you can also download state forms and fee schedules at http://www.sdsos.gov/corporations/.

   Company name:  The selection of a name is often crucial to the success of a limited liability company.  The name must not conflict with any existing company names, nor must it be deceptively similar to other names.  It is often wise to clearly explain the business of the limited liability company through the choice of name.  In South Dakota, a company name may be reserved for 120 days for a fee of $20.  The name must contain the words “Limited Liability Company” or “Limited Company,” or the abbreviations “LLC,“L.L.C.,“LC,” or “L.C.”  The words “Limited” and “Company” may be abbreviated as “Ltd.” and “Co.

   Parties involved: This listing should provide the names, addresses, and phone numbers of all of the people who are involved in the planning stages of the limited liability company.

   Principal place of business: This must be the address of the actual physical location of the main business.  It may not be a post office box.  If the limited liability company is home-based, this address should be the home address.



   Purpose of limited liability company: All states provide for the use of an “all-purpose” business purpose clause in describing the main activity of the business; for example, “to conduct any and all lawful business.

   State/local licenses required: Here you should note any specific requirements for licenses to operate your type of business.  Most states require obtaining a tax ID number and retail, wholesale, or sales tax license.  A Federal tax ID number must be obtained by all limited liability companies.  Additionally, certain types of businesses will require health department approvals, state board licensing, or other forms of licenses.  If necessary, check with a competent local attorney for details regarding the types of licenses required for your locality and business type.



   Patents/copyrights/trademarks: If patents, copyrights, or trademarks will need to be transferred into the limited liability company, they should be noted here.

   State of organization: In general, the limited liability company should be organized in the state in which it will conduct business.

   Company existence: The choices here are perpetual (forever) or limited to a certain length. In virtually all cases, you should choose perpetual.

   Proposed date to begin company business: This should be the date on which you expect the limited liability company to begin its legal existence.  Until this date (actually, until the state formally approves the Articles of Organization), the organizers of your limited liability company will continue to be legally liable for any business conducted on behalf of the proposed limited liability company.

   Organizers: This should be the person (or persons) who will prepare and file the Articles of Organization.  In South Dakota, the minimum number of organizers is one.

   Number of members:  In South Dakota, the minimum number of members for a limited liability company is one.  Members may be natural persons or business entities.
   Proposed members:  Here you should list the names and addresses of the proposed members of the company.  In South Dakota, it is required that these names and addresses be stated in the Articles of Organization.



   Limited liability companys registered agent and address:  Here you should list the name and actual street address of the person who will act as the registered agent of the limited liability company.  All states require that a specific person be available as the agent of the limited liability company for the service of process (that is: to accept subpoenas or summons on behalf of the limited liability company).  The person need not be a member of the limited liability company.  The registered agent need not be a lawyer.   Normally, the main owner or the attorney of the limited liability company is selected as the registered agent.

   Initial Investment:  This figure is the total amount of money or property that will be transferred to the limited liability company upon its beginning business.  This transfer will be in exchange for ownership interests in the limited liability company.  This is also referred to as “paid-in capital.”  List also the dates on which the contributions are to be made.


   Additional contributions by members:  If there are to be planned additional member contributions of money, services, or property, list them here.
   Initial indebtedness:  If there is to be any initial indebtedness for the limited liability company, please list it here.
   Share of profits and losses:  Under this heading is noted how the members decide in what proportions the profits and losses of the business will be distributed to the members.  This may, but need not, be based on the amount of the contributions of the members to the company.   Distribution of profits and losses:  Here decide how the limited liability company will distribute its profits and losses to each partner.  If the company will retain a portion of the profits for reinvestment, note that here.

   Management of the limited liability company:  If the business is to be managed by members only, or members and managers, or managers only, note the decision here.  Also note who will actually comprise the management of the company.

   Date of first members meeting:  This will be the date proposed for holding the first meeting of the members, at which the company Operating Agreement will be officially adopted

   Proposed bank for company bank account: In advance of organization, you should determine the bank which will handle the company accounts.  Obtain from the bank the necessary bank resolution form, which will be signed by the members at the first members meeting.

   Cost of organization: The state fee for organization in South Dakota is a filing fee of $125.  (Please note that a complete fee schedule is available at the web address listed above).  This cost should also reflect the cost of obtaining professional assistance (legal or accounting); the cost of procuring the necessary supplies; and any other direct costs of the organization process.  



   Out-of-state qualification: If the limited liability company desires to actively conduct business in a state other that the main state of organization, it is necessary to “qualify” the limited liability company in that state.  This generally requires obtaining a Certificate of Authority to Transact Business from the other state.  In this context, a limited liability company from another state is referred to as a “foreign” limited liability company.  If you desire that your limited liability company qualify for activities in another state, you are advised to consult a competent business attorney.



   Required quorum for members: This is the percentage of ownership of shares in the limited liability company that must be represented at a members meeting in order to officially transact any company business.  This is normally set at a “majority” (over 50 percent), although this figure can be set higher.

   Annual members meeting: The date, time, and place of the annual members meeting should be specified.

   Required vote for member action: Once it is determined that a quorum of members is present at a meeting, this is the percentage of ownership shares of the limited liability company that must vote in the affirmative in order to officially pass any member business. This is normally set at a “majority” (more than 50 percent), although this figure can be set higher and can be made to be unanimous.

   Fiscal year and accounting type: For accounting purposes, the fiscal year and accounting type (cash or accrual) of the limited liability company should be chosen in advance. Please consult with a competent accounting professional.

   Financial authority: Here list the authority of each proposed member to sign checks, borrow money in the company name, or sign documents in the name of the limited liability company.
   Loans to members: In this item, decide if you wish the company to have the ability to make loans directly to its members.
   Salaries to members: Here you should decide if the members will earn a salary for their work on behalf of the company.

   Transfer of membership interests: Under this listing, a decision should be noted as to whether and how members are to be allowed to transfer their ownership interests in the limited liability company to third parties.  This may range from “not at all” to “freely” or may be unanimous or majority consent of the other members.

   Expulsion of members: Here you should consider the terms and conditions for the removal of members.



   Insurance: Under this heading, consider the types of insurance that you will need, ranging from general casualty to various business liability policies.  Also consider the need for the members or the company to provide the members with life and/or disability insurance.





   New members: Will new members be allowed in the company?  Here note the terms and conditions for their entry.

   Termination of limited liability company: How will the company end?  Here list any considerations relating to the dissolution of the limited liability company that you may wish to be considered.

   Amendments to Articles of Organization: Here should be the determination of how the limited liability company will amend the Articles of Organization.

   Amendments to Operating Agreement: Here should be the determination of how the limited liability company will amend its Operating Agreement.







DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only an attorney can provide legal advice.  An attorney should be consulted for all serious legal matters.  No Attorney-Client relationship is created by use of these materials.  



THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 

LLC Pre-Organization Worksheet  South Dakota


Name/Address of State Limited Liability Company Department:
      South Dakota Secretary of State
      500 East Capitol Ave.
      Pierre, SD  57501
Proposed Name of the Limited Liability Company
First choice: ___________________________________________________________________

Alternate choices: _______________________________________________________________ ______________________________________________________________________________Parties Involved in Forming the Limited Liability Company

   Name   Address       Phone
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________
_______________________    ________________________     __________________________


Location of Business
Address of principal place of business: ____________________________________________________________________________________________________________________________

Description of principal place of business: ___________________________________________ ______________________________________________________________________________

Ownership of principal place of business (own or lease?): _______________________________ ______________________________________________________________________________

Other places of business: _________________________________________________________
____________________________________________________________________________________________________________________________________________________________

Type of Business

Purpose of limited liability company: _____________________________________________________________________________________________________________________________

State/local licenses required: ______________________________________________________

Patents/copyrights/trademarks: ____________________________________________________


Organization Matters
 
State of organization:   South Dakota

Company existence (limited or perpetual?): __________________________________________

Proposed date to begin company business: ___________________________________________

Names and addresses of those who will act as organizers:

       Name            Address
_________________________________   ___________________________________________
_________________________________   ___________________________________________
_________________________________   ___________________________________________

Number of proposed members:  ____________________________________________________

Proposed members of the company:

  Name               Address            Phone
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________

Limited liability companys registered agent and office address: ________________________________________________________________________________________________________

Initial investment total:  $   ________________
Date when due:   ________________      


  Name            Cash/Property/Services         Value
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________

Additional contributions: $   ________________
Date when due:      ________________

  Name            Cash/Property/Services         Value
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________
____________________    _____________________________________    _________________

Members share of profits and losses:

  Name               Proportionate Share of Profits and Losses   
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________

Distribution and retention of profits and losses:  _______________________________________

Initial indebtedness:  $ _________________

Management of the company:

  Name               Proportionate Share of Profits and Losses   
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________
__________________________________________       ________________________________________________

Proposed date of first members meeting:  ____________________________________________

Proposed bank for company bank account: ___________________________________________

Cost of organization:  ____________________________________________________________

Is qualification in other states necessary?  ____________________________________________

Company Operating Agreement

Required quorum for members meetings:  ____________________________________________

Annual members meeting:

   Place   Date   Time ______________________________________      ____________________       _____________

Required vote for members actions: (majority/%/unanimous?):  __________________________

Fiscal Year:  ___________________________________________________________________

Accounting type (cash or accrual?):  ________________________________________________

Financial authority:

  Name                         Authority to Do
___________________________________      ________________________________________

Loans to members:   _____________________________________________________________

Salaries of members:
Name                               Salary
___________________________________      ________________________________________
___________________________________      ________________________________________
___________________________________      ________________________________________

Transfer of membership interests:   _________________________________________________

Expulsion of members:  __________________________________________________________

Insurance needs: ________________________________________________________________

New members: _________________________________________________________________

Termination of limited liability company: ____________________________________________

Amendments to Articles of Organization (majority/%/unanimous?): _____________________________________________________________________________________________________

Amendments to Operating Agreement (majority/%/unanimous?): _______________________________________________________________________________________________________



LLC Pre-Organization Checklist  South Dakota


?   Write state limited liability company office for information

?    Complete Pre-Organization Worksheet

?    Check annual fees and filing requirements

?   Reserve company name, if desired, by filing with the state.

?   Prepare Articles of Organization

?   Prepare Operating Agreement

?    If desired, have attorney review Articles of Organization prior to filing

?   Review tax impact of organization with an accountant

?   Check state tax, employment, licensing, unemployment, and workers compensation requirements

?   Check insurance requirements

?    Prepare company accounting ledgers

?    Prepare company record book (loose leaf binder)

LLC Document Filing Checklist  South Dakota


?    Application for Reservation of Limited Liability Company Name (if desired)

?   Articles of Organization (mandatory)

?   Amendments to Articles of Organization (mandatory, if applicable)

?   Annual Company Reports (mandatory)

?   Change of Address of Registered Agent (mandatory)

?   Articles of Dissolution (mandatory, if applicable)

?   Any other required state forms


You've found your form, but will you need others? If there are other related forms you may need in the future, it may be beneficial to look at our combo packages. On average, customers who purchase a combo package save 40% on the related forms they need. Take a look at the combo packages below to see if one is right for you.
Limited Liability Company Forms Combo Package Get 8 forms for just $39.95 Save 71%!

Looking for something else?