Business Formation & Entities

Building South Dakota businesses on a solid foundation

Guidance from idea to operation

Local counsel for Rapid City entrepreneurs

Starting a business is exciting, but the legal details can feel overwhelming. A strong beginning ensures fewer obstacles down the road, and the right structure can protect both your personal assets and your vision. At George Nelson Law, we help new and growing companies in Rapid City and across South Dakota choose the right entity, prepare critical documents, and stay compliant with state requirements. With personalized guidance, you can launch your business with confidence.

Choosing the right business entity

Understanding your options under South Dakota law

Selecting the right structure for your company is one of the most important decisions you’ll make.

Sole proprietorship

Simple to start but offers no protection for personal assets.

Limited liability company (LLC)

The most popular choice for small businesses, offering flexible management and liability protection.

Corporation (S-Corp or C-Corp)

Suitable for companies raising capital or with multiple shareholders, offering formal governance and potential tax benefits.

Partnerships

Includes general and limited partnerships, where agreements are essential to define responsibilities and limit disputes.

How we help you form your business

From paperwork to planning, we’ve got you covered

Forming a business in South Dakota involves more than just filing with the state. We walk you through each step and handle the details to ensure everything is done correctly.


  • Conducting name searches and reservation to avoid conflicts.
  • Drafting and filing Articles of Organization or Incorporation with the South Dakota Secretary of State.
  • Preparing internal governing documents like operating agreements or bylaws.
  • Securing your federal Employer Identification Number (EIN) and helping with tax registrations.
  • Advising on necessary licenses and permits for your industry and location.
  • Organizing initial meetings, recordkeeping, and share or membership issuance.

Contracts and documents for new businesses

Laying the groundwork for stability and growth

A successful company needs more than state registration. We create and review contracts that help prevent disputes and clarify responsibilities. These can include partnership agreements, buy-sell agreements, employment contracts, contractor agreements, and non-disclosure agreements. These documents protect your interests and establish clear expectations as your business expands. For more on contract support, see our Contracts & Transactions page.

Staying compliant and planning ahead

Ongoing counsel for long-term success

Legal responsibilities don’t end after formation. George provides ongoing support, reminding you about annual report filings, updating agreements as your business evolves, and advising on new legal challenges. For family-owned businesses, we can also coordinate succession planning with estate planning services, ensuring your company passes smoothly to the next generation.

Business formation questions in South Dakota

Answers for new and growing businesses

Here are some of the most common questions entrepreneurs ask when starting a business in Rapid City.

  • How long does it take to form an LLC in South Dakota?

    If filed online, an LLC can be approved within 1–2 business days, sometimes even the same day. Corporations typically follow a similar timeline. Preparing governing documents and licenses may add a week or more, depending on your industry. We move quickly to ensure your business can start operating without delays.

  • Can I just use an online template instead of hiring a lawyer?

    It’s possible, but risky. Generic templates may not account for South Dakota law or your specific circumstances. Many business owners come to us later needing to fix mistakes that could have been avoided with proper legal setup. Investing in professional guidance early often saves significant time, money, and stress in the long run.

  • What’s an operating agreement and do I need one for an LLC?

    An operating agreement outlines ownership percentages, decision-making procedures, profit sharing, and what happens if an owner leaves. Although South Dakota doesn’t require filing one, having it in place is strongly recommended to avoid disputes. It provides clarity and protects all members’ rights.

  • Do I need a business license in Rapid City?

    Yes, certain industries require city or state licenses in addition to entity formation. Restaurants, contractors, and other regulated businesses must secure permits before operating. We’ll identify which licenses apply to your business and guide you through the application process so you’re fully compliant.

  • What if I want to bring in a partner later?

    Adding a partner requires amending your governing documents. For an LLC, that means updating the operating agreement; for a corporation, issuing new shares. We also recommend a buy-sell agreement to plan for changes in ownership, ensuring smooth transitions and preventing disputes.

Additional Services

Explore related business law support

Learn more about our other business law services:


  • Business Litigation & Disputes
  • Contracts & Transactions
  • Business Law Overview