How to Change Registered Agents in South Dakota (SD) in 2024


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

Changing an appointed Registered Agent is not a frequent activity in any business. While forming an LLC in South Dakota, it is mandatory to appoint a Registered Agent as a point of contact between the state and your LLC. However, there might be some times when changing of a registered agent is necessary. It might be the resignation or termination of the individual.

In South Dakota, also known as The Mount Rushmore State, there is a process to change the Registered Agent. In this article, the LLCBuddy editors come up with the methods available to change the registered agent in South Dakota. The statement of change can be filed online or offline (whichever method is convenient).

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,

registered agent
  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.
  • On your dashboard, you will find the option to update your documents.
  • 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 change of registered agent update 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 immediately.

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 –

#1 TOP PICK

 ZenBusiness Registered Agent – $199 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.

BOI Reporting

As per the Corporation Transparency Act, from the 1st of January, 2024, every LLC and any other business entity must file the BOI report with FinCEN. In the BOI Report, the owner(s)’ details must be mentioned. It is to maintain the transparency of the organization. It is not required to mention the change of a registered agent while filing the BOI Report in South Dakota. However, it is recommended to maintain a proper process and document for any changes made inside the LLC to maintain transparency under any act.

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 prevalent 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. 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

How do I change my registered agent in South Dakota?
To change your registered agent in South Dakota, you must file a Statement of Change of Registered Office or Registered Agent with the South Dakota Secretary of State.
What information is required on the Statement of Change of Registered Office or Registered Agent form in South Dakota?
The form requires information such as the name of the business entity, the name and address of the new registered agent, and the signature of an authorized individual.
Is there a fee to change the registered agent in South Dakota?
Yes, there is a fee for filing the Statement of Change of Registered Office or Registered Agent in South Dakota. The current fee is $10.
How long does it take to process a request to change the registered agent in South Dakota?
Processing times can vary, but it typically takes around 5-7 business days for the South Dakota Secretary of State to process a filed statement.
Can I change my registered agent online in South Dakota?
No, currently the South Dakota Secretary of State does not offer online filing for changing the registered agent. The form must be submitted by mail or in person.
Can I still operate my business while the change of registered agent is being processed in South Dakota?
Yes, you can continue to operate your business while the change of registered agent is being processed in South Dakota.
What happens if I do not update my registered agent in South Dakota?
It is important to keep your registered agent information current in South Dakota. Failure to do so could result in missed legal notifications and possible penalties.
Can I serve as my own registered agent in South Dakota?
Yes, you can serve as your own registered agent in South Dakota, as long as you maintain a physical address in the state where service of process can be delivered.
What are the qualifications to be a registered agent in South Dakota?
A registered agent in South Dakota must be an individual resident of the state, a business entity authorized to do business in the state, or a commercial registered agent.
Can I change my registered agent to a different company in South Dakota?
Yes, you can change your registered agent to a different company in South Dakota, as long as the company is authorized to act as a registered agent in the state.
Do I need to notify my current registered agent if I am changing to a new registered agent in South Dakota?
It is a good practice to notify your current registered agent if you are changing to a new one in South Dakota. This helps ensure a smooth transition.
What is a registered agent’s role in South Dakota?
A registered agent in South Dakota is responsible for receiving legal documents, such as lawsuits and official notices, on behalf of a business entity.
Can I change my registered agent at the same time as changing my registered office address in South Dakota?
Yes, you can change your registered agent and registered office address at the same time by filing a single Statement of Change of Registered Office or Registered Agent.
Can I change my business entity type when changing the registered agent in South Dakota?
No, changing the registered agent in South Dakota does not automatically change your business entity type. If you wish to change your entity type, you must file additional paperwork.
Can I change my registered agent multiple times in South Dakota?
Yes, you can change your registered agent multiple times in South Dakota, as needed. Each change requires the filing of a Statement of Change of Registered Office or Registered Agent.
Can I use a PO Box as my registered agent address in South Dakota?
No, a PO Box is not allowed to be used as a registered agent address in South Dakota. The registered agent must have a physical street address in the state.
Do I need to have a separate registered agent for each business entity I own in South Dakota?
Yes, each business entity in South Dakota must have its own registered agent, whether it is an individual or a business entity acting as the agent.
Can I appoint a family member or friend as my registered agent in South Dakota?
Yes, you can appoint a family member or friend as your registered agent in South Dakota, as long as they meet the qualifications and are willing to accept the responsibilities.
What happens if my registered agent is no longer able to serve in South Dakota?
If your registered agent is no longer able to serve, you must appoint a new registered agent and file the necessary paperwork with the South Dakota Secretary of State.
Can I change my registered agent without notifying my business partners in South Dakota?
It is recommended to notify your business partners in South Dakota when changing your registered agent, as it can affect the legal representation and communication of the business entity.
Do I need to update my operating agreement or bylaws when changing the registered agent in South Dakota?
It is a good practice to review and update your operating agreement or bylaws when changing the registered agent in South Dakota, to ensure consistency in the documentation.
Can a foreign business entity act as a registered agent in South Dakota?
Yes, a foreign business entity can act as a registered agent in South Dakota, as long as it is authorized to transact business in the state.
What is the difference between a registered agent and a registered office in South Dakota?
A registered agent is an individual or entity designated to receive legal documents on behalf of a business entity, while a registered office is the official address where the registered agent can be located.
Can I change my registered agent to an attorney in South Dakota?
Yes, you can change your registered agent to an attorney in South Dakota, as long as the attorney is willing to act as the registered agent for your business entity.
How often should I review my registered agent information in South Dakota?
It is recommended to review your registered agent information annually in South Dakota, or whenever there are changes to the registered agent or business entity.
Can I change my registered agent if I am in the process of forming a new business entity in South Dakota?
Yes, you can designate a new registered agent for your business entity during the formation process in South Dakota, by including the agent information in the initial formation documents.
Can I change my registered agent for a non-profit organization in South Dakota?
Yes, you can change the registered agent for a non-profit organization in South Dakota following the same process as changing the registered agent for a for-profit business entity.
Can I appoint a professional registered agent company in South Dakota?
Yes, you can appoint a professional registered agent company to act as the registered agent for your business entity in South Dakota, as long as the company is authorized to do so.
Can I change my registered agent if my business entity is currently suspended in South Dakota?
If your business entity is suspended in South Dakota, you will need to resolve the suspension before you can proceed with changing the registered agent.
How do I change the registered agent for my business in South Dakota?
To change the registered agent for your business in South Dakota, you must submit a Statement of Change of Registered Agent form to the South Dakota Secretary of State.

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In Conclusion

Registered Agents are the most important individuals in an LLC. They must be trustworthy, capable, and efficient to handle all the paperwork and documentation. 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.

Changing Registered Agent in South Dakota is not a complicated process, however, it is better to get a service provider, such as ZenBusiness. It not only offers the registered agent service at a reasonable price but also offers LLC formation at $0. 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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