This package is designed to assist the corporation or limited liability company who provides labor, materials or services to improve real property in recovering money owed through a lien on the improved property. This package includes (1) Information about the Construction or Mechanics Lien Procedure, (2) Forms List, (3) Description of Forms, (4) Tips on completing the forms using form fields, (5) Forms, and (6) Access to a Law Summary for your state. This package does NOT include forms for the owner of the improved property.
We use cookies to improve security, personalize the user experience, enhance our marketing activities (including cooperating with our marketing partners) and for other business use.
Click "here" to read our Cookie Policy. By clicking "Accept" you agree to the use of cookies. Read less
Read more
- US Legal Forms
- LLC Formation Packages
-
South Dakota Construction or Mechanics Lien Package - Corporation or...
Form An Llc In South Dakota Without Being A Resident
State:
South Dakota
Control #:
SD-P091A-PKG
Format:
Word;
Rich Text
Instant download
Description
Free preview
Related forms
View Cash bond form for rental
View Cash bond form for rental
View this form
View Preferential order of functional group
View Preferential order of functional group
View this form
View Lead based paint addendum for rental
View Lead based paint addendum for rental
View this form
View Lead-based paint warning statement for rental housing
View Lead-based paint warning statement for rental housing
View this form
View Person acting in loco parentis
View Person acting in loco parentis
View this form
Form Rating
4.84
Satisfied(382)
Form popularity
Form An Llc In South Dakota Without Being A Resident Related Searches
-
south dakota llc requirements
-
south dakota llc laws
-
south dakota llc search
-
south dakota llc operating agreement
-
south dakota llc annual fees
-
south dakota llc privacy
-
south dakota llc benefits
-
secretary of state south dakota
-
south dakota llc requirements
-
south dakota llc laws
Interesting Questions
Yes, you can form an LLC in South Dakota even if you are not a resident. South Dakota allows non-residents to establish an LLC in the state.
Forming an LLC in South Dakota as a non-resident offers several advantages. The state has no personal income tax, no corporate income tax, and no franchise tax. Additionally, privacy protections and strong asset protection laws make it an attractive choice for non-resident business owners.
Yes, South Dakota requires every LLC to have a Registered Agent who can receive legal documents, tax notices, and other important correspondence on behalf of the LLC. The Registered Agent must have a physical address in South Dakota.
Yes, you can serve as your own Registered Agent in South Dakota as a non-resident. However, keep in mind that the Registered Agent must have a physical address in South Dakota and be available during regular business hours to accept legal documents.
Yes, as a non-resident LLC owner in South Dakota, you must file an annual report with the Secretary of State and pay the required fee. It is important to comply with the annual reporting obligations to maintain your LLC's good standing.
The processing time for forming an LLC in South Dakota can vary, but it typically takes around 2-3 business days. However, expedited processing options are available for an additional fee if you need to speed up the formation process.
The cost of forming an LLC in South Dakota includes the filing fee, which is $150 at the time of writing, along with any additional fees if you choose expedited processing or require certified copies of your formation documents. It is recommended to consult with a professional or the Secretary of State's office for the most up-to-date fee information.
No, South Dakota requires that your LLC have a physical street address in the state. A PO Box cannot be used as the primary address for your LLC.
Yes, when naming your South Dakota LLC, you must ensure that the name is unique and distinguishable from other business entities registered in the state. The name must also include a proper designator such as 'Limited Liability Company,' 'LLC,' or 'L.L.C.'
While South Dakota does not legally require an operating agreement for an LLC, it is highly recommended to have one in place. An operating agreement helps establish clear guidelines for how your LLC will be run, outlining ownership percentages, management responsibilities, and operating procedures.
Trusted and secure by over 3 million people of the world’s leading companies
South Dakota Mechanics Lien Form
Change state
To change the state, select it from the list below and press Change state.
Changing the state redirects you to another page.
South Dakota
Change state
-
No results found.
-
South Dakota
-
Alabama
-
Alaska
-
Arizona
-
Arkansas
-
California
-
Colorado
-
Connecticut
-
Delaware
-
Florida
-
Georgia
-
Hawaii
-
Idaho
-
Indiana
-
Iowa
-
Kansas
-
Kentucky
-
Louisiana
-
Maine
-
Maryland
-
Massachusetts
-
Minnesota
-
Mississippi
-
Missouri
-
Montana
-
Nebraska
-
Nevada
-
New Hampshire
-
New Jersey
-
New Mexico
-
New York
-
North Carolina
-
North Dakota
-
Ohio
-
Oklahoma
-
Oregon
-
Pennsylvania
-
Rhode Island
-
South Carolina
-
Tennessee
-
Texas
-
Utah
-
Vermont
-
Virginia
-
Washington
-
West Virginia
-
Wisconsin
-
Wyoming
Law summary
South Dakota Construction or Mechanics Lien Package - Corporation or LLC
Note: This summary is not intended to be an all inclusive discussion of South Dakota’s construction or mechanic’s lien laws, but does include basic provisions.
What is a construction or mechanic’s lien?
Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.
Who can claim a lien in this State?
Whoever shall, at the request of the owner or the duly authorized agent or representative of the owner, or of any contractor or subcontractor, furnish skill, labor, services, including light, power, or water, equipment, or materials for the improvement, development, or operation of property as hereinafter specified, shall have a first lien thereon and the appurtenances thereto, prior and superior to all other liens except those of the state or of the United States, and except existing liens, mortgages, or other encumbrances then of record or of which the lien claimant has actual notice, for the price or value of the same, so furnished, subject to the further provisions of South Dakota Lien statute.
How long does a party have to claim a lien?
The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1 (2), with the secretary of state.
How long is a lien good for?
No lien shall be enforced in any case unless the holder thereof shall assert the same, either by complaint or answer, within six years after the date of the last item of his claim as set forth in the filed and entered lien statement; nor shall any person be bound by the judgment in such action unless he is made a party thereto within said six years.
Does this State require or provide for a notice from subcontractors and laborers to property owners?
Yes, several. A subcontractor may serve the property owner with a Statement of Account detailing the amount owed. A contractor may respond by serving the owner with a Notice of Dispute, disputing the amount of the subcontractor’s claim. In addition, the time within which to act on a lien may be extended by a subcontractor who files and serves a Notice of Furnishing.
Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?
The property owner may use a Notice of Nonliability (see below) and may issue a written Demand for Lien Account. Also, an owner may issue a Demand to Commence Suit to a lien claimant. Failure to file suit within thirty (30) days results in the forfeiture of the lien.
Does this State require a notice prior to starting work, or after work has been completed?
Any owner or any person entering into a direct agreement with the owner, or the duly authorized agent or representative of the owner, may file with the register of deeds of the county in which the improved premises are situated a notice of project commencement. The notice shall be filed within thirty days of the commencement of work and shall be accompanied by a filing fee of ten dollars to be deposited in the county’s general fund. The register of deeds in each county shall maintain an index of all notices of project commencements
Does this State permit a person with an interest in property to deny responsibility for improvements?
Yes. Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.
Is a notice attesting to the satisfaction of a lien provided for or required?
Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.
Legal definition
South Dakota Construction or Mechanics Lien Package - Corporation or LLC
Note: This summary is not intended to be an all inclusive discussion of South Dakota’s construction or mechanic’s lien laws, but does include basic provisions.
What is a construction or mechanic’s lien?
Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.
Who can claim a lien in this State?
Whoever shall, at the request of the owner or the duly authorized agent or representative of the owner, or of any contractor or subcontractor, furnish skill, labor, services, including light, power, or water, equipment, or materials for the improvement, development, or operation of property as hereinafter specified, shall have a first lien thereon and the appurtenances thereto, prior and superior to all other liens except those of the state or of the United States, and except existing liens, mortgages, or other encumbrances then of record or of which the lien claimant has actual notice, for the price or value of the same, so furnished, subject to the further provisions of South Dakota Lien statute.
How long does a party have to claim a lien?
The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1 (2), with the secretary of state.
How long is a lien good for?
No lien shall be enforced in any case unless the holder thereof shall assert the same, either by complaint or answer, within six years after the date of the last item of his claim as set forth in the filed and entered lien statement; nor shall any person be bound by the judgment in such action unless he is made a party thereto within said six years.
Does this State require or provide for a notice from subcontractors and laborers to property owners?
Yes, several. A subcontractor may serve the property owner with a Statement of Account detailing the amount owed. A contractor may respond by serving the owner with a Notice of Dispute, disputing the amount of the subcontractor’s claim. In addition, the time within which to act on a lien may be extended by a subcontractor who files and serves a Notice of Furnishing.
Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?
The property owner may use a Notice of Nonliability (see below) and may issue a written Demand for Lien Account. Also, an owner may issue a Demand to Commence Suit to a lien claimant. Failure to file suit within thirty (30) days results in the forfeiture of the lien.
Does this State require a notice prior to starting work, or after work has been completed?
Any owner or any person entering into a direct agreement with the owner, or the duly authorized agent or representative of the owner, may file with the register of deeds of the county in which the improved premises are situated a notice of project commencement. The notice shall be filed within thirty days of the commencement of work and shall be accompanied by a filing fee of ten dollars to be deposited in the county’s general fund. The register of deeds in each county shall maintain an index of all notices of project commencements
Does this State permit a person with an interest in property to deny responsibility for improvements?
Yes. Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.
Is a notice attesting to the satisfaction of a lien provided for or required?
Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.
Sorry, this device is not supported
Please open this page on your desktop computer.