How to Change Registered Agent in South Dakota – A Complete Guide


Steve Goldstein
Steve Goldstein
Business Formation Expert
Steve Goldstein runs LLCBuddy, helping entrepreneurs set up their LLCs easily. He offers clear guides, articles, and FAQs to simplify the process. His team keeps everything accurate and current, focusing on state rules, registered agents, and compliance. Steve’s passion for helping businesses grow makes LLCBuddy a go-to resource for starting and managing an LLC.

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Change registered agent in South Dakota

Change Registered Agent in South Dakota: A registered agent in South Dakota is a point of contact between your LLC and the state. You must appoint a Registered Agent when you form an LLC in South Dakota. At any point in time, you might need to replace/change your Registered Agent in South Dakota. When it comes to changing the registered agent in South Dakota, it is a straightforward method. To change your Registered Agent in South Dakota, one has to submit the statement of change of the Registered Agent. It can be filed online or by mail.

In this article, you will learn how to change registered agent in South Dakota. Also, you will get to learn when and why you have to change your Registered Agent, appointed for your South Dakota LLC.

What is Registered Agent in South Dakota

The South Dakota Registered Agent, appointed by the limited liability company, is a person who receives all the legal documents on your company’s behalf. To become a registered agent in South Dakota, one must meet the following requirements,

  1. The person must be or above 18 years old
  2. The person has to be a permanent resident of South Dakota
  3. The person should have a legal permit to conduct business in South Dakota
  4. The person must be available during business hours at the designated office address in South Dakota

You can also be your own registered agent in South Dakota. However, it is not wise to be your own agent as it can divert your attention from the core of your business.

How to Change a Registered Agent in South Dakota

To change the Registered Agent in South Dakota, one has to file the statement of change of the registered agent. You must pay the filing fee of $10 to complete your application. To file for the Statement of Change of Registered Agent and Registered Office Address with the South Dakota Secretary of State, you can opt for any of the following methods:

Online Filing

To file the statement of change of registered agent in South Dakota online, you must search for the appropriate online form. You can file your change of Registered Agent statement online if the online form is available through the Secretary of State. Follow the below-given instructions:

  • Visit the South Dakota Secretary of State’s official website
  • Log in to the portal using your credentials.
  • You will find the ‘Update’ option in your dashboard if the online update option is available.
  • Click on the ‘update’ option to find the ‘registration’ option.
  • You will get an online form (or in PDF format)
  • Fill out the form (or download it on your PC, then fill it out) with the old and new registered agent’s details.
  • Submit (or upload) the completed form to the portal.
  • In the next section, you will get payment details (if applicable) and pay the fees using a credit card.

Your online updation is done! It takes some time to update the details on the portal. Once it is updated, your new registered agent can start conducting business on your behalf.

Filing Through Mail or In-person

If you want to file the statement of change of registered agent via mail or in person (if available), then you should follow the rules. For in-person or mail filings, you need to download the South Dakota Statement of Change of Registered Agent (PDF) from the official website of the South Dakota Secretary of State. Complete the form by filling in all the information about the LLC and both (new and existing) registered agents. The form has to be signed by the new registered agent. This will provide the consent of the new agent. Once completed, submit it to the below-mentioned address:

Important LinksSubmit Offline Form
Change of Registered Agent – Online
South Dakota Statement of Change of Registered Agent – PDF
South Dakota Registered Agent – Requirement		Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501

Fee: The filing fee charged for changing the South Dakota registered agent is $10. This fee will be paid to the South Dakota Secretary of State by check or credit card.

If you hire a Registered Agent service, filing the Statement of Change would be much easier. Also, the registered agent will help you with the consent letter the new registered agent has to sign. LLCBuddy editorial team suggests a list of the best LLC services that offer registered agent services. Some of them offer standalone registered agent services.

Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –

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 LegalZoom Registered Agent – $299 Per Year

Registered Agent Consent Letter in South Dakota

The registered Agent’s Consent letter is a document that a new registered agent must submit along with the formation document. It is a statement that the agent submits upon agreeing to work with the LLC. When you change the Registered Agent, you must also submit the consent letter signed by the new agent. In many states, submitting the Change of Registered Agent form does the job; sending any additional consent document to the SOS is unnecessary. However, there are many states where you must submit the consent letter separately and pay a certain fee (if applicable). This consent must include the following details-

  • LLC name
  • A letter that says the person gives consent to serve the LLC as a registered agent
  • The execution date
  • Name of the registered agent
  • Signature of the registered agent

In South Dakota, there is no separate Consent Letter to be produced to the Secretary of State. The previous registered agent can send the Statement of Resignation to SOS. You must get the Statement of Change of Registered Agent form, fill it out, and submit it to the SOS. The agent must sign the form or self-attest. It is proof that the new Registered Agent has given the nod to provide their services to the LLC. An additional filing fee (or expedited fee) might be charged. Check South Dakota Secretary of State for fee details.

Why Do You Need to Change a Registered Agent in South Dakota

There can be several reasons why LLCs want to change their registered agent in South Dakota. Some of the main and most important reasons are listed below,

Be Your Own Registered Agent

A very common reason is that if anyone wants to be his/her own registered agent. Any LLC owner can be the registered agent himself/herself as per the South Dakota Secretary of State. So, you may want to change the registered agent and become one yourself for your LLC. In that case, you must submit the change form with your details.

Want to Hire a Professional Registered Agent

You may have designated yourself or someone from the family as the registered agent for your LLC in the initial phase. But with expansion in business, your roles and responsibilities also expand. You may not be present at the office during working hours. And a registered agent is required to be available in the office. So, you must hire a registered agent who could replace you.

Existing Registered Agent Resigns

If your current registered agent resigns or your service provider is out of business, you can change your Registered Agent in South Dakota. You must change the registered agent if the existing one resigns or is out of service.

Forming foreign LLC

This is to be noted that a person is eligible to be a South Dakota Registered Agent only if they are the South Dakota resident. So, if you are forming a foreign LLC in South Dakota, you might need to change your registered agent because not all registered agents are eligible to work in different states. 

FAQs

What is a registered agent in South Dakota?
A registered agent in South Dakota is an individual or entity that accepts legal and official documents on behalf of a business entity.
How do I change my South Dakota registered agent?
To change your South Dakota registered agent, you must file a Statement of Change of Registered Agent form with the South Dakota Secretary of State.
What is the filing fee for changing my registered agent in South Dakota?
The filing fee for changing your registered agent in South Dakota is $10.
Can I serve as my own registered agent in South Dakota?
Yes, as a business owner, you can serve as your own registered agent in South Dakota.
What are the requirements for a South Dakota registered agent?
A South Dakota registered agent must have a physical street address in the state and be available during normal business hours to accept legal documents.
How soon can I expect my new registered agent to be effective in South Dakota?
Generally, your new registered agent in South Dakota will be effective immediately upon approval of your Statement of Change of Registered Agent form by the Secretary of State.
Can I change my South Dakota registered agent at any time?
Yes, you can change your South Dakota registered agent at any time by filing a Statement of Change of Registered Agent form.
Is there any downtime when switching South Dakota registered agents?
Generally, there is no downtime when switching registered agents in South Dakota, as the new agent will be effective immediately upon approval by the Secretary of State.
How can I verify that my South Dakota registered agent has been changed?
You can verify that your South Dakota registered agent has been changed by checking the South Dakota Secretary of State’s website for updates.
What happens if I don’t change my South Dakota registered agent?
If you don’t change your South Dakota registered agent, legal documents may not be delivered to your business in a timely manner, which can result in negative consequences.
Can I switch registered agents for multiple entities at the same time in South Dakota?
Yes, you can file a single Statement of Change of Registered Agent form for multiple entities at the same time in South Dakota.
How do I know if my South Dakota registered agent isn’t properly serving me?
If your South Dakota registered agent isn’t properly serving you, you may fail to receive important legal documents in a timely manner, which may have negative consequences.
Do I have to provide any additional documentation when changing my South Dakota registered agent?
No, you don’t have to provide any additional documentation when changing your South Dakota registered agent other than the Statement of Change of Registered Agent form.
Can I change my South Dakota registered agent if my business is facing lawsuits?
Yes, you can change your South Dakota registered agent even if your business is facing lawsuits.
What happens if I want to change my registered agent in South Dakota, but I have an active lawsuit?
If you have an active lawsuit, you may need to notify the court of your new registered agent in South Dakota.
What is the purpose of having a registered agent in South Dakota?
The purpose of having a South Dakota registered agent is to ensure that businesses comply with state requirements and to receive legal documents on behalf of the business.
How will I know when my South Dakota Statement of Change of Registered Agent form has been approved?
You will receive a confirmation email or notification indicating that your South Dakota Statement of Change of Registered Agent form has been approved.
Can I change both the registered agent and registered office address at the same time in South Dakota?
Yes, you can change both the registered agent and registered office address at the same time by filing a Statement of Change of Registered Agent and Office Address form with the South Dakota Secretary of State.
Do I have to provide the new registered agent’s signature or consent when changing my South Dakota registered agent?
No, you don’t have to provide the new registered agent’s signature or consent when changing your South Dakota registered agent.
Are there any limitations to who can serve as my registered agent in South Dakota?
Yes, South Dakota requires that registered agents have a physical street address in the state.
How long does the South Dakota Secretary of State take to process Statement of Change of Registered Agent form?
The South Dakota Secretary of State usually takes up to 3-4 business days to process the Statement of Change of Registered Agent form.
How long does it take to complete changing a South Dakota registered agent?
It takes around 5 to 7 business days to complete the process of changing a registered agent in South Dakota.
Should I inform my current registered agent vital details after filing the Statement of Change of Registered Agent form in South Dakota?
Yes, it is recommended to notify your current registered agent in South Dakota after filing the Statement of Change of Registered Agent form.
Can except receiving Legal notices and Fees, can my registered agent provide other compliance services to me in South Dakota?
Yes, registered agents can also provide other compliance services to businesses in South Dakota.
Can I use a commercial registered agent service to change my South Dakota registered agent?
Yes, you can use a commercial registered agent service to change your South Dakota registered agent by completing the necessary change forms and submitting them through the registered agent partner.
Are there any residency requirements for a South Dakota registered agent?
No, there are no residency requirements for a South Dakota registered agent, and the agent may reside anywhere within the country, provided they have a physical street address in the state.
Is there anything that may prevent me from changing my South Dakota registered agent?
Prior disputes or contract obligations may prevent you from changing your South Dakota registered agent.
What do I need to do after changing my South Dakota registered agent?
After changing your South Dakota registered agent, you should provide your new agent’s contact information for future legal notices, or bring next to other necessary filings required by the state.
How many times can I change my registered agent in South Dakota in a year?
You can change your registered agent in South Dakota as often as required, with no minimum or maximum limits.
How often can I change my registered agent in South Dakota?
There are no specific limits as to how often a business entity can change its registered agent in South Dakota.
What is the process for changing a registered agent in South Dakota?
To change a registered agent in South Dakota, a registered agent consent form must be filed with the Secretary of State.
Is there a fee to change a registered agent in South Dakota?
Yes, there is a fee of $10 to change a registered agent in South Dakota.
Can I change my registered agent online in South Dakota?
Yes, the South Dakota Secretary of State allows businesses to change their registered agent online.
How long does it take to change a registered agent in South Dakota?
The process to change a registered agent in South Dakota usually takes less than a week.
Will I be notified when the registered agent has been changed in South Dakota?
Yes, the South Dakota Secretary of State will send a confirmation notice to the new registered agent once the paperwork has been processed.
Can I change my registered agent by mail in South Dakota?
Yes, businesses can also change their registered agent by mail in South Dakota.
Do I need to notify my old registered agent when I am changing registered agent in South Dakota?
No, there’s no requirement to notify the old registered agent when changing registered agent in South Dakota.
Can I be my own registered agent in South Dakota?
Yes, businesses registered in South Dakota can serve as their own registered agent.
Does the registered agent have to be a resident of South Dakota?
No, the registered agent can be a resident of any state as long as they have a physical address in South Dakota.
Can I hire an attorney as my registered agent in South Dakota?
Yes, businesses can hire an attorney to serve as their registered agent in South Dakota.
Can I change my registered agent in South Dakota if my business is inactive?
Yes, businesses can change their registered agent in South Dakota even if they are inactive.
Is there a penalty for not having a registered agent in South Dakota?
Yes, there are penalties for not having a registered agent in South Dakota, including the possibility of having your business entity dissolved.
Can I have multiple registered agents in South Dakota?
No, businesses may only have one registered agent in South Dakota.
What information is required to change my registered agent in South Dakota?
The registered agent consent form requires the new registered agent’s name, physical address, and signature.
Can I change my registered agent in South Dakota without notifying my members or shareholders?
Yes, businesses do not need to get approval from their members or shareholders to change their registered agent in South Dakota.
Will changing the registered agent affect my business’s entity status in South Dakota?
No, changing the registered agent will not affect your business’s entity status in South Dakota.
How can I confirm my new registered agent has been filed in South Dakota?
You can search for your business on the South Dakota Secretary of State website to confirm if your new registered agent has been filed.
Can I change my registered agent while I’m filing my annual report in South Dakota?
Yes, businesses can change their registered agent while filing their annual report in South Dakota.
Do I need to notify my old registered agent if they served for less than a year in South Dakota?
No, there is no need to notify the old registered agent if they served for less than a year in South Dakota.
What happens if the registered agent I want to appoint is unavailable when I file in South Dakota?
You will need to appoint another registered agent or wait until the preferred registered agent becomes available to be appointed in South Dakota.
What is the reason for having a registered agent in South Dakota?
The registered agent ensures that your business stays in compliance with South Dakota state laws.
Can I change my registered agent if my business is involved in a lawsuit in South Dakota?
Yes, businesses can change their registered agent at any time, even while being involved in a lawsuit in South Dakota.
Can I electronically sign the Registered Agent Consent form in South Dakota?
Yes, businesses can electronically sign the Registered Agent Consent form in South Dakota.
What happens if I don’t receive a confirmation notice after changing my registered agent in South Dakota?
You may contact the South Dakota Secretary of State’s office to inquire about the status of your registered agent changes.
Can I use a PO Box as my registered agent address in South Dakota?
No, you cannot use a PO Box as a registered agent’s address in South Dakota.
Can I change my registered agent with the South Dakota Secretary of State over the phone?
No, changes to your registered agent details must be made through an online filing or by mail in South Dakota.

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In Conclusion

During your business, you may arrive at a point where you need to change the registered agent. The need may arise when the existing agent wants to quit, or you are terminating the existing agent or expanding your business. Changing the South Dakota registered agent can be necessary in various situations. It is quite simple as it can be done online and through mail filing. This article has it all. If you have any queries about changing a registered agent, you can drop a comment below in the box.

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