Get a South Dakota Registered Agent

Before starting a limited liability company (LLC), corporation, or another state-registered business entity in South Dakota, you’ll need to appoint a registered agent. Foreign entities will need to appoint one before they get a qualification, too. But what is a registered agent? What are they required to do, and who can be one?

What is a South Dakota registered agent?

A registered agent is an individual or business designated by a business to receive important legal documents and certain state correspondence on behalf of the company. This position is essential to ensure that the correct people within a business are notified in person when there are time-sensitive events, such as service of process for lawsuits. The registered agent also receives important notices from the state, such as garnishment notices against employees and notices of annual reports.

Who can be a registered agent in South Dakota?

According to South Dakota law, a registered agent must be present at the registered office during all normal business hours to receive service of process in person. The registered office must be an actual street address or rural route box number in the state; P.O. boxes don’t count.

Each registered business must have and continuously maintain a registered agent in the state. The agent may be an individual resident of South Dakota whose business office is identical to the registered office or a domestic or foreign business entity authorized to do business in the state with a business office identical to the registered office.

In South Dakota law, you’ll find the terms “commercial registered agent” and “noncommercial registered agent.” Both of these roles accomplish the same tasks and fill the statutory requirement we just mentioned. The primary difference is that a commercial registered agent offers their agent role as a paid service; a noncommercial agent is privately appointed.

Benefits of Using South Dakota Registered Agent Services

Technically, you’re allowed to serve as your own registered agent if you wish. However, hiring a registered agent service offers some important benefits. These services specialize in receiving and relaying official paperwork, helping ensure nothing slips through the cracks. They give you peace of mind to go work around town and travel without worrying about your legal mail. If you serve as your own registered agent, you’ll be required to stay at the registered office during all normal business hours, which makes meeting up with clients, going on vacation, etc., difficult. Many services also offer extra perks like digital access to your critical documents, compliance reminders for your annual report and other filings, and more.

Also, a professional registered agent company can help protect you from potential embarrassment. If you’re acting as your own agent, you’ll have to accept service of process yourself, which means whomever you’re with at the time — maybe a client or business partner — will know you’re facing a lawsuit. But if you use an agent service, the process server will go to the registered agent’s address. Your agent will handle these notifications privately, discreetly, and promptly.

How is a registered agent appointed in South Dakota?

You must name your registered agent when you complete the official paperwork with the state to form your business, so you need to decide who your registered agent or registered agent service will be before you begin that process. Of course, you need to be sure to inform whomever you’re appointing and get their permission to serve in that role. 

How much does it cost for a registered agent in South Dakota?

The cost of a registered agent in South Dakota varies based on whether you choose an individual or a professional service. If you opt to be your own registered agent or designate someone you know, the costs can be minimal, primarily associated with the potential need to maintain a physical street address or office space during business hours. For many small business owners, being their own agent requires no out-of-pocket cost but requires time and attention instead. 

On the other hand, professional registered agent services usually come with a fee. These fees can range from $100 to a few hundred dollars annually, depending largely on the level of services offered. While using a professional service might seem like an added expense, the benefits they provide — like helping ensure compliance, protecting your professional image, and offering added peace of mind — often justify the cost for many businesses.

Cost of Changing Registered Agents

To change your registered agent in South Dakota, you’ll need to file a Statement of Change. Online filing is preferred and cheaper, with a $10 filing fee. Paper filing has an additional fee for a total cost of $25.

How to Change a Registered Agent in South Dakota

Changing your registered agent in South Dakota requires some administrative effort to ensure the state records are up to date and your business remains compliant. To begin, it’s vital to first determine who your new registered agent will be. If you’re considering transitioning to a professional service or selecting another individual, ensure you obtain their consent and verify that they meet South Dakota’s requirements for registered agents.

Once you’ve got your new agent lined up, it’s time to file the paperwork. In South Dakota, it’s highly encouraged to use the online filing portal for this process. To start, you’ll need to head into the online Statement of Change filing portal and input your business ID. From there, you’ll be prompted to provide information about your business, your former registered agent, and the new one you’re appointing.

After all of the information is typed in, you can choose to file directly online. Alternatively, on the confirmation page, you can print a paper version of the completed form and file by mail or in person instead. If you file online, the change costs just $10. It’s $25 if you use a paper filing (South Dakota has a $15 surcharge for most paper filings).

Change of Registered Agent Requirements

When changing a registered agent, the new agent must meet the same requirements as the original agent: be a South Dakota resident or a business authorized to conduct business in South Dakota, have a physical street address in the state, and be available during business hours.

South Dakota Secretary of State Contact Information

Resignation of a South Dakota Registered Agent

If a registered agent needs to resign, they must submit a statement of resignation with the South Dakota Secretary of State. The agent remains on file for 31 days after resignation unless a replacement is appointed sooner.

Steps to Remove a Registered Agent

1. Notify your business: South Dakota law requires you to promptly inform the business after you’ve submitted your resignation to the Secretary of State along with the date the statement of resignation was submitted, but it’s also wise to let them know beforehand. The sooner the business knows you’re resigning, the sooner they can appoint a replacement.
2. Submit your resignation: Complete the “Statement of Resignation of Registered Agent” form and file it with the Secretary of State (this is a unique filing that can only be submitted with a paper form). Unlike some other forms, there isn’t a filing fee for this paper form.
3. Hand off your responsibilities: Help your business transition to a new registered agent to avoid penalties. A valid registered agent is crucial to maintaining the company’s good standing.