Whether you’re starting a new LLC or updating the registered agent for your existing business, it’s important to choose the best South Dakota registered agent for your needs.
This article will help you to choose the registered agent that best fits your business, go over the basic functions of registered agents, and answer common questions about registered agents.
If you haven’t yet formed your LLC, you can get one year of registered agent services for free if you form your LLC with Northwest Registered Agent ($29 + state fees). (This is a great deal!).
A South Dakota registered agent is an individual or business entity that is appointed by a South Dakota LLC or corporation to receive tax and legal documents such as service of process, government correspondence, and compliance documents on behalf of the business.
Best South Dakota Registered Agent Service
When choosing a registered agent service, you want someone who understands the importance of staying compliant and being diligent about legal processes and paperwork. That’s why Northwest Registered Agent is our #1 registered agent service choice for South Dakota businesses.
Recommended Registered Agent Service
Northwest Registered Agent is our #1 overall pick for registered agent services. Their cost is $125/year – or get a year of service free when you form your LLC with them ($29 + state fees).
We recommend Northwest Registered Agent, which offers everything that you need to form your LLC along with Registered Agent services. The company boasts over 20 years of operations helping small businesses start or grow.
Northwest has a 100% Error-Free Guarantee with outstanding customer support, exceptional services, and high prices to match. If data privacy and access to customer support are top on your list, the extra costs of working with Northwest Registered Agent may be well worth it for you and your business.
See how Northwest Registered Agent compares to other registered agent services in StateRequirement’s Best Registered Agent Services review.
What Does a South Dakota Registered Agent Do?
A registered agent does a few things for a company. Their main task is to be present when or if the company needs to receive tax or legal paperwork. These would be documents that can’t be sent to a mailbox or delivered to a front desk; rather, documents that must be handed directly to the person who represents the company.
A simple example would be a service of process, which is the delivery of legal documents in a lawsuit. These service documents must be delivered directly to the company’s representative – the registered agent – to ensure they are received.
This may seem like a small task, but the caveat that makes this a critical position is that the registered agent is required to be at the documented location to receive these papers during all “regular business hours.” This is the main reason that most people choose to use a registered agent service rather than operating as their own agent.
Other forms that your registered agent may receive on your behalf are:
- Tax forms
- Legal documents
- Official government correspondence
- Service of process
Another function of a registered agent is to file official documents with the state in which the LLC or corporation is established. In most states, businesses are required to file an annual report once per year to keep the business in “good standing” with the state.
Learn more about why your business needs a registered agent.
Can I Be My Own Registered Agent in South Dakota?
The short answer is yes, you can be your own registered agent.
Whether or not that’s the best plan for you or your company is another question entirely. If you are looking to spend the absolute, bare minimum amount of money on your business, then being your own registered agent may not be a terrible choice. Still, even in that scenario, we don’t recommend it.
Benefits of Using a Registered Agent Service
There are only a few realistic options when it comes to whom you file as your registered agent:
- An attorney
- A registered agent service
As mentioned above, being your own agent has pitfalls and isn’t recommended. What’s more, an attorney in this position would be quite expensive and is generally only a viable option if you had them form your business for you.
So, that leaves you with the option of using a service. Here are the biggest benefits of using a professional registered agent service:
When you form an LLC or corporation, your formation data goes into a state database which is open and searchable to the public. The information in this database can include:
- Business name
- Formation date
- Registered agent name
- Registered agent address
While you can’t stop the state from publishing this information, you can retain the privacy of your name and your address by using a registered agent service. Since this information is public, marketing companies use these databases to gather information to market their products and services to business owners. Your mailbox will thank you for keeping your business address private.
Another major privacy benefit is having legal documents delivered to your agent and not you personally. If, for some reason, someone brings a lawsuit against your company, would you rather have your agent call you with these documents or have them served to you in front of your customers, clients, or employees?
Along with privacy, another of the main benefits of using a registered agent service is that they will help to keep your business in “good standing” with the state.
Some states require LLCs and corporations to file annual reports or other timely documents. While these generally aren’t difficult tasks, they are often easily forgotten or lost in the day-to-day work that your business hands you.
Your registered agent will send you reminders that this work needs to be completed, and some will even provide you with the proper documents to make your work even easier.
How Do I Elect a Registered Agent in South Dakota?
All registered businesses in South Dakota must have a registered agent. If you’re registering a new LLC in the state, you’ll have to select a registered agent. Your LLC’s registered agent will be the business’s point of contact for legal matters. Anyone who sues your business will send service of process to the agent, and government entities might send taxation or other notices.
An individual (noncommercial) or service (commercial) can be your LLC’s registered agent. Whatever type of registered agent you choose, they must have a physical address in South Dakota. They can have a separate mailing address, but there must at least be a physical (non-P.O. box) address.
To form an LLC in the state of South Dakota, you must assign your registered agent when you file your LLC’s Articles of Organization. An LLC formation service can file Articles of Formation, or you can file them.
If you choose to file everything yourself, you can complete the LLC filing process online or by mail:
- File your LLC Articles of Organization by registering your new LLC through the South Dakota Secretary of State’s Online New Business Registration System. Select Domestic Limited Liability Company, and then provide the information as requested. “Agent” is the third section of the form, and this is where you provide registered agent information. First, select whether you’re using a commercial or noncommercial registered agent. Complete the rest of the form, and submit it along with payment for the South Dakota LLC online filing fee of $150.
- You can register a new LLC through the mail by downloading the Articles of Organization – Domestic Limited Liability Company. Registered agent information is covered in Article III. Complete the form and send it to the South Dakota Secretary of State – Business Filings Division. The fee for filing by mail is $165, payable by check along with the form.
How Can I Change My LLC’s Registered Agent in South Dakota?
To change your LLC’s registered agent in South Dakota, there are a few ways to update your registered agent information.
- File Statement of Change of Registered Office or Registered Agent or Both
Filing a Statement of Change of Registered Office or Registered Agent or Both with the South Dakota Secretary of State is the best way to change your registered agent.
You can file the statement online through the Business Service Online File a Statement of Change page. Search for your LLC using its Business ID, and then follow the prompts. The prompts will ask for your current agent’s information and the new agent’s information. A $10 Change of Registered Agent fee must also be paid when submitting the statement online.
You can also file by mail if you download the Statement of Change of Registered Office or Registered Agent or Both form. The Statement of Change requests the new agent’s information in Article 3.
Mail the completed form to the South Dakota Secretary of State – Business Filings Division, along with a $25 fee for making the change by mail.
- File Your South Dakota LLC Annual Report
Registered agent information can also be updated on annual report forms. If you’re filing for your South Dakota LLC’s annual report, you can use this reporting period to change your registered agent. This is the simplest way to change your registered agent, but it must be done within the annual filing period.
You can file online by going to the Business Services Online System’s File an Annual Report section. You can also choose to file by mail by downloading the Annual Report – Domestic Limited Liability Company form. Complete the form and mail it to the South Dakota Secretary of State – Business Filings Division.
The filing fee to update your registered agent on your LLC Annual Report is $65.
If you choose to use or switch to a registered agent service, they should complete and file the changes for you. For more information about our recommended Registered Agent service for your LLC, check out our Northwest Registered Agent review.
Recommended Registered Agent Service
We recommend Northwest Registered Agent, which offers their South Dakota registered agent service free for one year along with your LLC formation.
South Dakota Secretary of State Contact Information
South Dakota Secretary of State
Business Filings Division
500 East Capitol Ave.
Pierre, SD 57501-5070
South Dakota Secretary of State
Business Filings Division
215 E. Prospect Ave.
Pierre, SD 57501
Hours: Monday – Friday 8:00am – 5:00pm
Phone: (605) 773-4845
Fax: (605) 773-4550
South Dakota Registered Agent FAQ
Who can be a South Dakota registered agent?
Anybody who meets the necessary requirements can act as your registered agent. These requirements include:
Must be at least 18 years old
Must have a physical street address in the state of South Dakota
Must be available during typical work hours (i.e., 9 a.m. to 5 p.m. Monday through Friday)
Is a statutory agent the same as a registered agent?
Yes. Some states refer to registered agents as statutory agents. Other names for registered agents include resident agent and agent for service of process.
Can I be my own registered agent?
While you can be your own registered agent, it comes with a lot of responsibility. This could take you away from the parts of your business that you enjoy the most. It can also be stressful trying to keep up with all compliance requirements, and your information will also be available on the public record.
Can I get a free registered agent?
Yes, as long as they meet all of the necessary requirements and follow the state’s guidelines. It can lead to trouble if you use someone that doesn’t follow all rules and regulations. Many LLC formation services offer free registered agent services with their packages for a certain amount of time.
Why do I need a registered agent?
All states require that LLCs have a registered agent. Businesses need registered agents because there needs to be a point of contact for every business, for legal processes, communication, and staying in compliance. Check out StateRequirement’s guide on why you need an LLC registered agent.
How do I choose a registered agent?
The best registered agent or service will be responsible, helpful, and honest. They should have a track record of being on time and working with other influential businesses.
How much does a registered agent service cost?
A registered agent service can cost as low as $99/year for some services, but others may charge considerably more depending on what services they offer.