South Dakota Registered Agent: If you wish to start a South Dakota LLC, you have to appoint a registered agent. According to South Dakota State Law, it is mandatory to have a South Dakota Registered Agent if you are conducting business in the state. A registered agent receives all the official and legal documents from the State. They also receive the service of process if there’s any lawsuit in concern.
In the following guide, we have shared all the required information regarding hiring a registered agent, why you need a registered agent in South Dakota, and who can be a registered agent for your LLC. Read this guide carefully before you hire a South Dakota Registered Agent.
On this page, you’ll learn about the following:
- What is a South Dakota Registered Agent
- Cost of a South Dakota Registered Agent
- How to Change a Registered Agent in South Dakota
What is a South Dakota Registered Agent
A registered agent (or a statutory agent or a resident agent) in South Dakota is an individual or a business that represents your business in receiving official documents. These official papers include formation documents, business renewal documents, tax filing, and any legal document if the LLC gets sued by other companies. All these documents go straight to the registered agent’s official address in the state. While forming an LLC, it is mandatory to appoint a registered agent.
When you file the South Dakota LLC formation papers with the Secretary of State, LLCs have to mention their registered agent’s name and address. When you choose a registered agent in South Dakota, you can go for two options, hiring an in-house registered agent or outsourcing the service.
Hiring a Registered Agent in South Dakota
You may have several options for hiring a registered agent in South Dakota. To become a registered agent, one has to meet the basic eligibility criteria. If the minimum requirements are fulfilled, anyone residing in South Dakota can represent your LLC as your registered agent.
Who Can Be a Registered Agent
- The person must be above 18 years old.
- The person must have a legal and physical address in the state where the LLC will operate.
- The person must be physically present during normal working hours.
- Anyone who fulfills the above requirements can act as a registered agent.
- Recommended – You should use a professional registered agent in South Dakota always.
Can I Be My Own Registered Agent
Yes, you can be your own registered agent. In fact, any member of the LLC, managers, and the owner can be a registered agent. Besides, someone from the owners’ family, such as a spouse, relatives, or other family members, can also act as a registered agent. As mentioned above, anyone who is representing the business as an agent should fulfill the basic criteria.
Why You Shouldn’t Be Your Own Registered Agent
Many small businesses do not hire a registered agent to save a chunk of money. However, it is not recommended to be your own registered agent. There are a bunch of problems one has to face while being a registered agent of his own LLC. Following are some of the issues you face,
- If you are operating your business from home or you are into web business, then your home address will be shared on the public portal. This address will be used for mailing and other official purposes. This will hamper your privacy.
- A registered agent has to be physically available at the official address during working hours on working days for 52 weeks. Being your own registered agent might restrict your other work due to this.
- The registered agent’s address must be up to date in the Secretary of State portal.
It is recommended to outsource the registered agent service to ease your work. As it protects your privacy, especially if you conduct your business from home. It is always wise to outsource the RA service than be your own registered agent.
Recommended: You can get the best registered agent service at a reasonable price with online LLC service providers. We recommend using –
LegalZoom – $299 Per Year
How to Choose a Registered Agent in South Dakota
You can choose a South Dakota Registered Agent in two ways, either you can employ an in-house RA or outsource the service. Another option is to be your own registered agent. However, it is recommended to outsource the service as it is less worrisome and hassle-free.
In-house Registered Agent
As far as the in-house registered agent is concerned, it can be anyone from the LLC, including you, or you can employ an individual for this position. In that case, your office or home address will be the Registered Agent’s office address. Every LLC has to share its principal office address, mailing address, and registered agent’s office address to the state public portal. Hiring a registered agent service will make it easier as you can use the RA’s address as a mailing address.
Outsourcing Registered Agent Service
You may also avail yourself of professional registered agent services. Doing so ensures that you will have the best service provider to represent your business. Following are the best Registered Agent services on our list that will provide you with registered agents to ease your worries.
Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. If you are forming your LLC from scratch, then with LegalZoom Registered Agent, you will get the full formation package.
What to Consider While Choosing a South Dakota Registered Agent
Here are some factors to consider when choosing a registered agent.
- Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent typically costs between $99 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
- Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents. We recommend Registered Agent Services that have been in business for a long time. They are experienced and well capable of handling all your documentation.
- State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers. Check out the best Registered Agent Services to consider for this job.
- Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company. Some of the service providers offer this service. Make sure to choose an RA service that includes this service.
How to Appoint a Registered Agent in South Dakota
At the time of submitting the South Dakota Articles of Organization, the registered agent can be appointed by the LLC. It can be done online or by mail. No additional fee is charged for appointing a Registered Agent. Only the state filing fee should be paid.
Appoint Registered Agent Online
To appoint a registered agent online, you have to go to the South Dakota LLC Online Filing page and provide the information of your Registered Agent accordingly.
Appoint Registered Agent By Mail
To appoint a registered agent in South Dakota by mail, you need to download the South Dakota LLC filing form (PDF). Fill up the “Registered Agent” section with appropriate details of the agent and submit it to the SOS office. For more information, read on South Dakota Articles of Organization.
Cost of a South Dakota Registered Agent
The cost of having a registered agent can be variable. It depends on whether you are employing an in-house registered agent, being your own agent, or outsourcing the service. The cost of having a registered agent can start from $99 and go up to $300 per year. It will be cost-effective if you outsource the registered agent service in South Dakota.
Registered Agent services that also provide LLC formation packages can provide the same service at a lower price. For example, LegalZoom Registered Agent offers standalone registered agent service at $299 per year, but if you buy their LLC formation package at $0 + state fees, you might get registered agent at a low cost.
How to Change a Registered Agent in South Dakota
To change the South Dakota registered agent, you must file a Change of registered agent or office by entity form. This form can be submitted to the South Dakota Secretary of State via mail or email.
For online filing, you need to get the online form, which is available on the South Dakota Secretary of State portal. Fill in all the necessary information of LLC as well as current and old registered agents. This form must be completed and signed by the newly appointed registered agent and any authorized member of the LLC. The signature of the new registered agent acts like the consent to be appointed as one. Submit it online.
File By Mail
You can also choose to file the form through the mail. You need to download the Change of registered agent or office by entity form from the South Dakota Secretary of State’s portal. Fill in all the details on your computer. The completed form is to be signed by the newly appointed registered agent. The duly signed form must be sent to the following address,
Mail to: Secretary of State Office
500 E Capitol Ave
Pierre, SD 57501
How to Pay: The filing amount is payable to the South Dakota secretary of state through a credit card when filing online/by email. For paper filing, you can choose to pay through a money order or check.
Why Do LLCs in South Dakota Need a Registered Agent Service
There are several reasons why a business should appoint a registered agent in South Dakota. Some of the most important reasons are listed below,
- Confidentiality: Having a registered agent service in South Dakota ensures the complete privacy of your business and related documentation. Appointing a registered agent company instead of an individual gets you privacy and confidentiality contracts beforehand.
- Up-to-date Compliance: LLCs and corporates have plenty of paperwork and compliances that are to be updated on time. With a registered agent service, you don’t have to worry about those compliances as your registered agent will maintain a compliance calendar.
- Privacy: It is mandatory for businesses in South Dakota to publicly upload their address to the South Dakota Secretary of State. If you are using the home address for your business, then it would not be safe to make your private address public. On the other side, appointing a registered agent service will cover you up here as they have to provide their address to the South Dakota SOS and not yours.
- Availability: Every registered agent has to be available during office hours of work on business days. If you hire a registered agent service, then they can be available at the required time without harming other tasks at the company.
- Online Safe Backup: Every registered agent in South Dakota or any other state usually takes an online backup of all the documents and paperwork. This ensures the LLC papers are securely saved in a central system.
- Lawsuits or Summons: Getting summoned or involved in a lawsuit does not leave a good impression on the employees. With a registered agent, all the related papers will be delivered to the Registered Agent’s official address. Hence, owners do not have to receive any such papers in their office in front of their employees.
South Dakota Registered Agent and Business Laws
Registered agents are responsible for all aspects of South Dakota LLC business law and legal issues. Each state has its own set of business laws. South Dakota is no exception. Each state has its own set of business laws. These are the most important business laws that every business should adhere to.
Every state has an interesting law for businesses. The general interest rate guidelines are usually lower than the legal threshold for interest rate. This is because most businesses agree to higher interest rates. South Dakota has interest rates of 15% on sales and 12% on judgment. South Dakota does not have Usury Law. This law charges a higher interest rate for advances and loans. The legal guidelines apply to this interest rate. South Dakota’s regular rate is 15%, and there are some leverages on loans below $5000.
In general, Antitrust law is used to detect the formation of cartels in any market. A cartel is formed when competitors join forces and have an illegal influence on market price or supply. Cartels are illegal on any market. South Dakota has an Antitrust Law, just like in other states.
South Dakota’s statute of limitations for bringing a claim under this law allows you to do so within 4 years. This law also allows a plaintiff to recover the attorney fees and other damages.
Deceptive Trade Practice Law
South Dakota doesn’t have a Deceptive Trade Practice Law. It does, however, have penalties for trade fraud and other deceptive acts in the state. The case can be raised by any attorney general. You could face a fine of up to $2,000.
Civil Statute of Limitation Laws
The Civil Statute of Limitations Laws in South Dakota is the same as in other states. This law allows for up to 6 years imprisonment. There is a time limit within which you can file a lawsuit. Failure to file a lawsuit within the time limit can result in penalties and other actions.
Wage and Hour Laws
In South Dakota, employees who are above 18 years must be paid a minimum of $8.85 per hour. Workers who are below the age of 18 should be paid a minimum of $7.75 per hour. South Dakota Department of Labour Regulation can file a case against the employer on behalf of the employee if they violate the law.
Pyramid and Ponzi Schemes Laws
In South Dakota, attempting an investment fraud can lead to up to 5 years of imprisonment and a fine of up to $10,000. Under this law, anyone attempting investment fraud, such as paying existing investors with the money taken from new investors, might be punished.
These cases and laws are taken care of by registered agents. A registered agent in South Dakota can help you manage and deal with all of these business laws.
How To Remove A Registered Agent For Llc In South Dakota
A registered agent for LLC in South Dakota can be removed by filing a Statement of Change of Registered Office or Registered Agent or Both with the South Dakota Secretary of State with a filing fee of $10.
As with any other legal entity, an LLC in South Dakota requires a registered agent to serve as a point of contact between the company and the state government. While registered agents are often experienced and valuable supporters of the company, situations may arise that require their replacement. There are many reasons for removing a registered agent, among which are their resignation, misconduct, unavailability, or incompetence. Regardless of the cause, South Dakota law provides a clear procedure for replacing or suspending a registered agent.
Before we review this process, it is crucial to understand the role and importance of registered agents. South Dakota law stipulates that every LLC operating in the state must appoint a registered agent, who may be an individual who is a resident of South Dakota, a corporation or an LLC authorized to do business in South Dakota, or a similar entity authorized by the consent of the South Dakota Secretary of State. The registered agent has the responsibility to receive and forward all legal notifications, such as legal papers, annual reports, or tax documents to the company. This responsibility is fundamental for the legitimacy and compliance of an LLC and clarifies the significance of having confidence in your appointed agent and the necessity of being able to replace them.
Moreover, dealing with improper or absent registered agents could cause significant legal limbo such as undeliverable notices, fees, penalties, fines, or even lawsuits. Besides, a deficient registered agent may also harm the reputation of a business, damaging alliances and partnerships, causing poor financial decisions, or straining client relationships. By getting removal power, business owners can regain control over their relationship with the Secretary of State, their employees, customers, and stakeholders effectively.
To withdraw a registered agent means to legally overturn the appointment, which involves filing necessary documents and procedures with the South Dakota Secretary of State. The first step, which every company should take before initiating the legal proceeding against their registered agent, is to refer to their legal documents of formation, known as Articles of Organization, and the internal operations agreement, also known as Operating Agreement, to confirm reflectivity with South Dakota’s laws. It is in the Operating Agreement an LLC should continue contingency plans or procedures in the event that anything unprecedented should happen to the existing registered agent. It is in this Operating Agreement an area largely considered to be very private in business organizations by all involved members. This avenue provides the platform for members to assess the registered agent’s responsibilities and probable conflict resolution, including possible alternatives towards their relationships in its absence. However, the Operating Agreement’s governing policies have no ability to bypass state laws.
The next step in the process requires obtaining a legally-standing Removal Consent form for the appointment and termination of a new agent. This form contains details of the registered agents and the newly appointed agents. The company should also provide adequate reasons for the removal of the current registered agent, and certify that adequate notice is given, as stated in South Dakota law. After completing the form and validating its arrangement, the LLC files the form with the South Dakota Secretary of State and pays the required filing fee. Finally, a statement formally removing the existing registered agent and consenting to the appointment of the new registered agent needs to be authorized by the Secretary of State, after which the company can commence its conversations with the newly appointed registered agent, assuring clients also reached out to communicate the leadership’s state to all investors, personnel, and affiliates.
In conclusion, sometimes situations require that registered agents in South Dakota be replaced. To successfully remove a registered agent for an LLC in South Dakota, business owners must validate their desired registered agent and take active measures towards confirming the legal procedures involved so that the span of administration progresses seamlessly with little view from stakeholders poised as an ending result. It’s always better a good plan never actualizes than for it to demonstrate incompetence in ways that put a business’s operation in limbo. Business owners who adequately follow the process will hopefully reduce the legal and operational risks associated with lacking a recognized South Dakotan qualified representative who is highly acquainted to concentrate its past accomplishments on a new client domicile accurately.
There is a procedure for changing the registered agent in South Dakota. You must download, complete, and submit the RA change application form to the Secretary of State through fax, mail, or electronic delivery, depending on which option is most convenient for you. The location for the Secretary of State’s office is 500 E Capitol Avenue in Pierre, South Dakota. In South Dakota, it costs $10 to change the registered agent.
Any South Dakota permanent resident who is at least 18 years old and qualifies may register as an agent. The individual must be qualified to do business in the state. Anyone may become a registered agent if these conditions are met.
Anyone who is over 18 and resides in South Dakota is eligible to serve as a registered agent. Any individual, whether connected to you or not, who satisfies the qualifications may be named as the registered agent for your LLC in South Dakota.
You must notify the South Dakota SOS of the new address if you wish to alter the registered agent’s address. You must do this by giving the South Dakota Secretary of State the RA Change Form. Replace the old address in the form’s area for it. Depending on what option is available to you, you may submit it electronically, by mail at the Secretary of State’s Office, 500 E Capitol Ave, Pierre, SD 57501, or by fax. The procedure may cost money.
You may locate a company’s information by going to the South Dakota Secretary of State’s website. Find the firm by using the business search tool. Once you’ve located it, look up the registered agent information on the site.
To serve any legal documents or notifications on your behalf, your business has designated a registered agent in South Dakota. The proper address for such documents is the registered agent’s office address. Anyone eligible may serve as a registered agent in South Dakota.
You must include the information about the registered agent you hired in South Dakota when you register your company with the South Dakota Secretary of State. Name, address, phone number, and the date the registered agent was appointed must all be included. Your registered agent will become listed with the South Dakota SOS upon the completion of the formation.
The South Dakota SOS must be searched if you wish to look for a registered agent’s address in South Dakota. Visit the website, do a search using the firm name, and then check for the registered agent information. The location and phone number of the South Dakota registered agent are included in the registered agent section.
You must go to the South Dakota SOS website in order to locate the company name using a registered agent’s name. For business information, put the name of the registered agent in the search field. There, among the search results, you may look up the company.
A registered agent must be a resident of the state, at least 18 years old, and meet other requirements before being appointed. That individual is qualified to act as a registered agent in South Dakota if all requirements are met.
It is simple to find a registered agent for a company in South Dakota. Visit the site for the South Dakota Secretary of State. A company’s name, tax ID, and registered agent’s name may all be used to locate it. To find out who the registered agent is for a corporation, do a name-based search for that company.
In South Dakota, resigning is a simple procedure for registered agents. The individual must first give the business formal notice of their departure (a resignation letter). Following the company’s acceptance of the notice, it must be sent with the resignation letter to the South Dakota SOS through the mail, fax, or online.
There are a few ways to get a free registered agent in South Dakota. The first step is for you to take on the role of your company’s registered agent. Making a member of your family a registered agent is the second option. Finally, you may search for free service providers if you are employing a competent registered agent.
In South Dakota, you must go to the South Dakota SOS if you want to look for a registered agent. You may get the information by doing a search for your company using its name. Once you have the company’s details, you may look for the registered agent’s name, address, and phone number.
The Secretary of State Office, 500 E Capitol Ave, Pierre, SD 57501, is the place to send the registered agent form (company formation paperwork). No specific paperwork is required to name the registered agent. In South Dakota, the formation paperwork must name a registered agent.
A registered agent is required if you operate a company in South Dakota. However, if you don’t have one or your registered agent has resigned, you should find a new agent right once. Alternatively, you may act as the company’s registered agent in South Dakota.
The authority granted to your company’s registered agent becomes inactive once he passes away. Companies in South Dakota must go through the RA change procedure to appoint or replace another registered agent. A registered agent may be changed by letter, online, or by fax.
The possibility of hiding a registered agent’s name is not 100% certain. because the South Dakota Secretary of State’s website requires the name and address of a registered agent to be submitted. You may prevent the public from seeing the identities of your owners and members if you operate an Anonymous LLC.
To learn more about the registered agent in South Dakota, contact this number: 605-773-4845. This is the South Dakota Secretary of State’s office phone number. To get to the department you’re looking for, you may need to wait and follow the caller’s instructions.
The agreement of a registered agent in South Dakota signifies that person’s acceptance of the role. In South Dakota, the newly appointed individual must provide permission before beginning to serve.
The terms “registered agent” and “resident agent” are interchangeable in South Dakota. The only difference between states is the name. In South Dakota, both the resident agent and the registered agent must be appointed using the same procedure.
If the registered agent in South Dakota refuses to agree, the business risks facing legal repercussions for making a false statement. However, the registered agent has the right to refuse any obligation that has been placed upon them.
Even without a registered agent, a business in South Dakota is nevertheless subject to legal action. Due to the absence of a registered agent’s office where the papers would normally be received, the corporation will get legal notification in a unique manner.
The designation may be rejected by the nominated registered agent. You must, in South Dakota, sign and deliver a declaration of refusal to the South Dakota SOS. You may quit your work right once after the rejection statement is received.
Before you choose a registered agent for your South Dakota LLC, compare their price and services from the table. They will be responsible for all your documentation, filings, and other LLC-related tasks. Hence, choose the best one for your business that provides 100% accurate service at a reasonable price.