How to Find the Best Registered Agent in South Dakota
This guide will help you find the best registered agent in South Dakota. We’ll explore key factors to consider, evaluate top providers, and equip you with the knowledge to make an informed decision for your business’s registered agent needs.
What is a South Dakota registered agent?
The Model Registered Agents Act requires all businesses formed in South Dakota to appoint and maintain a registered agent regardless of business structure upon business formation. The South Dakota Secretary of State defines a registered agent as a person or business entity that accepts service of process and official correspondence as a representative of a business organization.
The South Dakota Secretary of State requires a business to appoint a registered so that they know for sure that someone is physically available to receive legal notices and important documents that include:
- Articles of Organization – the document an LLC submits upon formation
- Articles of Incorporation – the formation documents for a corporation in South Dakota
- Annual report fee – due by November 15
- Certificate of Good Standing – a document required to open new business bank accounts
- South Dakota franchise tax – due within 15 days following the income tax return is due
A registered address is a physical presence in South Dakota
The South Dakota Secretary of State requires a registered agent to be physically present in South Dakota with a physical address to accept official documents.
A business can use that registered agent’s address instead of a private office address in the South Dakota public record.
Your registered agent is the point of contact required by the Secretary of State
One of the primary responsibilities of a registered agent is to accept time-sensitive documents, such as subpoenas, from the Secretary of State.
In South Dakota, you have 30 days to respond to a legal summons.
You risk default judgments and other monetary sanctions if you fail to answer a subpoena.
By appointing an outside resident agent, you ensure that you receive and answer the legal summons in a timely manner to avoid contempt of court.
A commercial registered agent is your compliance guarantee
The annual report in South Dakota is due on or by November 25 each year.
Neglecting to pay the fee on time means you can lose good standing in South Dakota and all liability protection.
A professional registered agent service utilizes a compliance calendar to keep up with critical due dates and help you file them on time.
Cost of a registered agent in South Dakota
The South Dakota Secretary of State requires a registered agent to be 18 years old and have a street address.
You can appoint anyone who meets the South Dakota registered agent requirements for free, including:
- Trusted friend
- Family member
Depending on the services required, a commercial registered agent service in South Dakota will cost a company between $50 and $500.
When to appoint a registered agent
In South Dakota, you will appoint a registered agent when you submit the formation documents to the Secretary of State.
A limited liability company (LLC) will appoint a registered agent using the Articles of Organization.
For corporations, it is the Articles of Incorporation that will contain the registered agent information.
How does a South Dakota LLC appoint a registered agent?
File the Articles of Organization
You will download and complete the Articles of Organization form and submit it to the South Dakota Secretary of State.
South Dakota Secretary of State Office
500 E Capitol Ave
Pierre, SD 57501
You can file the Articles of Organization online using the Secretary of State website.
Appoint your registered agent
Article 3 of the South Dakota Articles of Organization form will ask you to provide resident agent information, including:
- Registered agent name
- Registered agent address
- Registered agent mailing address
- Registered agent email address
Pay your South Dakota filing fees
The cost to file the South Dakota Articles of Organization is $150 if you file online and $165 if when filing by mail.
The South Dakota Secretary of State does offer expedited business filing services for an additional $50.
The cost to file your LLC Articles of Organization in South Dakota is $150 online and $165 by mail.
How to change your registered agent in South Dakota
The South Dakota Secretary requires that a business officially notify them if there is a change in registered agents or a registered agent address change.
Submit the statement of change of registered office or registered agent online
You will use the South Dakota Secretary of State’s website to provide the state with new registered agent information about a switch of agents.
Submit the statement of change of registered office or registered agent by mail
You will complete the statement of change of a registered office or agent form and submit it to the South Dakota Secretary of State by mail.
The cost to switch registered agents in South Dakota is $10.
Submit the change using the annual report
You can use the South Dakota annual report to update your registered agent information only if the switch comes near the fee filing date.
How to resign as a registered agent in South Dakota
You will complete the statement of the resignation of registered agent form and submit it to the South Dakota Secretary of State Business Filings Division by mail.
You must also send an official notification to the company you’re resigning from that you’re withdrawing consent to act as a registered agent.
The statement of resignation of registered agent form asks for specific information.
- Business name and ID
- Name of registered agent
- Name of the person to send the resignation notice to
- Statement of resignation
- Name, title, signature
The South Dakota Secretary of State does not charge to resign as a registered agent.
Benefits of appointing a registered agent in South Dakota
It shields your liability protection
An LLC in South Dakota must submit the annual report and other dues in a timely manner to remain in good standing and keep liability protection in the state.
Professional registered agent services provide business owners access to a compliance calendar that helps them track critical due dates. An agent will assist in filing the proper documents and fees.
A personal address remains out of the public record
A small business owner in South Dakota may work from a home address or private office. Appointing themselves as the registered agent puts their personal address at risk of becoming public records.
Anyone at any time can use the South Dakota Secretary of State website to search for a business address using the name, business ID, or keyword.
Commercial registered agent services are physically present in South Dakota, allowing you to use the service’s address to list in the Secretary of State database.
It provides a business owner with peace of mind
South Dakota process servers can come to a business office without notifying the owner first.
The appointment of an outside registered agent gives a business owner the peace of mind that a process server won’t just show up to serve legal documents in front of customers.
Your work schedule remains flexible
The Model Registered Agents Act requires that all registered agents be available during normal business hours to accept official correspondence from the Secretary of State, law firms, and the South Dakota Department of Revenue.
If you appoint yourself as your own registered agent, you must be available Monday through Friday from 9 am to 5 am.
A commercial registered agent service has residents available during those required times, so you can leave the office when you want.
You get online access to the Certificate of Good Standing
In South Dakota, financial institutions will request that you show proof of good standing before allowing you to open a business bank account.
Professional registered agent services give you access to the Certificate of Good Standing and other formation documents when needed rather than when government offices are open.
You can quickly expand into different states
Anytime you expand an LLC into other states, you are required to appoint a registered agent before the formation process.
If you have one elected already, you can begin the foreign LLC process immediately, and it remains straightforward.
What is a noncommercial registered agent in South Dakota?
A noncommercial registered agent in South Dakota is one that isn’t listed with the Secretary of State and typically only represents one or two companies. You can find a commercial registered agent on an easy-access list that the Secretay of State provides.
What is the best registered agent service in South Dakota?
The best commercial registered agent services in South Dakota are reliable and provide service in all 50 states and Washing, DC.
What is a statutory agent?
A statutory agent is another name for a registered agent. You may also hear a registered agent referred to as a resident agent or a service of process agent.
How frequently do I have to appoint a registered agent in South Dakota?
Upon formation, you only have to appoint a registered agent with the South Dakota Secretary of State. You will need to renew any services if you use a registered professional agent.
Do I have to pay a South Dakota registered agent to be my agent?
You aren’t required to pay a registered agent if they’ve consented to free services or if you appoint yourself. The cost for commercial registered agents can range from $50 to $500.
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