South Dakota Registered Agent
What is a South Dakota registered agent?
A South Dakota registered agent is a person or entity authorized to accept legal mail on behalf of a business. The registered agent is required to accept this service of process at the physical address on file with the South Dakota Secretary of State. Once the documents are in their possession, the registered agent must promptly forward them to the affected business.
The Purpose of South Dakota Registered Agents
The purpose of a South Dakota registered agent is to act as a legal point of contact for businesses. That means if someone sues a South Dakota business, the registered agent will receive the related paperwork. The agent is then obligated to send that paperwork along to the affected business as soon as possible.
South Dakota registered agents also receive annual reports, tax notifications, and other state mail for the businesses they serve. To ensure businesses receive critical documents in a timely manner, state law also requires registered agents to keep their information updated with the Secretary of State’s office.
South Dakota Registered Agent Requirements
Under South Dakota law, a registered agent can be one of the following:
- Noncommercial Registered Agent: Either an individual who resides in South Dakota or a business registered in the Mount Rushmore State.
- Commercial Registered Agent: An agent or entity that has paid a fee to register with the Secretary of State and appears on the official list of South Dakota Commercial Registered Agents.
- Organizational Office Holder: An officer of the business who accepts the role of registered agent, but uses their company title rather than their individual name. For example, if you appoint your company’s secretary, you would list “Secretary” on the agent file, not a name like “Jane Doe.” Note: This option is available to corporations but not LLCs.
In all cases, registered agents must have an actual street address or rural route box number, not a PO box or virtual office.
Can I be my own registered agent in South Dakota?
Yes, you can be your own registered agent in South Dakota as long as you have a street address or rural route box number. You must also be fine with listing your address on formation paperwork that becomes part of the public record.
Finally, you must be able to stay at the listed address during regular business hours to accept legal mail. If those conditions won’t work for you, you can designate someone else as your registered agent.
How to Find a South Dakota Registered Agent
How you find a registered agent in South Dakota depends in large part on the type of registered agent you’re looking to appoint.
For a noncommercial registered agent, you can approach a business associate, friend, or someone else you trust. Remember that whoever you appoint will be dealing with sensitive legal documents. If you’re not running an LLC, you also have the option to appoint one of your organization’s officers to act as your registered agent.
Interested in hiring a commercial registered agent? You can search for one by name in the Secretary of State’s database. Before you do, think about what services you want a registered agent to offer besides the basics. Registered agents are required to accept legal mail, but premium registered agent services like ours include additional services like domain name registration.
How to Appoint a South Dakota Registered Agent
You’ll appoint a registered agent when you fill out your entity’s formation paperwork. For a South Dakota LLC, that paperwork is called Articles of Organization. For a corporation, you’ll complete Articles of Incorporation.
You can file formation paperwork online or by mail. LLCs and corporations must pay a $150 filing fee. Note that filing by mail means you’ll pay an extra $15 on top of the $150. Mailed filings should go to the below address:
Secretary of State
Capitol Building
500 East Capitol Avenue Ste 204
Pierre, SD 57501-5070
How do I change my registered agent in South Dakota?
To change your registered agent in South Dakota, fill out a Statement of Change of Registered Agent and/or Address. Make sure to pick the appropriate Statement of Change form for your entity.
There’s a $10 fee to file this form online. If you elect to file by mail, it costs a total of $25 with the $15 paper processing fee.
Why Should I Hire Registered Agents Inc?
When you hire Registered Agents Inc as your South Dakota registered agent, you receive the benefits of a national operation alongside the perks of a local business. That means you get:
Same-day document uploads
Our South Dakota team scans and uploads legal mail for you as soon as we get it. We never send it out for processing.
Annual report filings
When you hire us as your registered agent, you’ll only have to pay the state fee to file your company’s annual report. We’ll handle the filing for you.
Secure online account
As our client, you’ll get immediate access to an online account. From here you can manage your services, view documents, and access our forms library.
Speedy notifications
We’ll email you as soon as a new document is uploaded—no endless page refreshing required.
Local offices nationwide
Registered Agents Inc has offices in all 50 states. Want to expand your South Dakota business to Minnesota? We can help you do that.
Expert help
We offer a customer support team that deals with South Dakota business filings all day, every day. If you have a question about state paperwork, they’re ready to help.
Are you looking to offer registered agent services to clients of your own? Check out our Wholesale Program.
Frequently Asked Questions
Does South Dakota require a registered agent?
Yes, South Dakota’s Model Registered Agents Act requires business entities to appoint a registered agent. If you don’t, the Secretary of State’s office could reject your formation paperwork.
How much does a registered agent cost in South Dakota?
In South Dakota, a registered agent service typically costs between $50 and $300 a year. Our premium registered agent service costs $200 a year.
How much does it cost to set up an LLC in South Dakota?
Forming a domestic South Dakota LLC costs $150 if you file Articles of Organization online or $165 if you file by mail.
