South Dakota Registered Agent for Your LLC

South Dakota Registered Agent Requirements

• Every LLC, both foreign and domestic, must have a Registered Agent with a registered office within the State of South Dakota at all times.
• The Registered Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (Corporation, LLC, LP or LLP) or a natural person.
• The Registered Office must be in the state of South Dakota and located at a street address (a P.O. Box only is not acceptable).
• If the Registered Agent is a person, they must live in South Dakota.
• If the Registered Agent is a company, they must be authorized to conduct business in South Dakota.
• The Registered Agent must be available in person to sign for any correspondence during normal business hours.

This includes:

• Correspondence from the South Dakota Secretary of State (SOS)
• Service of process notices (e.g., if your LLC is sued or required to appear in court)
• Tax forms and requests to complete permits, company filings and reports
• Official state and federal government correspondence and notices

• Automatic forwarding of all legal correspondence, documentation and information directly to you
• An always-available South Dakota Registered Agent who can receive correspondence, documents and legal proceedings on your LLC’s behalf
• Email notification whenever we receive documents for your business
• A digital dashboard where you can access, store and retrieve any information we’ve received for your business

If you don’t assign or provide details of a Registered Agent to the South Dakota Secretary of State there are several possible ramifications, including:

• Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your LLC is sued and you don’t respond.
• Falling out of good standing with the South Dakota SOS. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
• Losing your status as an LLC in South Dakota. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your LLC may be dissolved.

• You can choose to be the Registered Agent for your LLC if you have a physical address in South Dakota, although there may be some drawbacks to this approach:
• Someone must always be available during business hours at the South Dakota address to receive and sign for important documents and correspondence.
• The Registered Agent must have a physical street address in South Dakota. If you’re forming an LLC outside the state, you’ll need to use an in-state Registered Agent.
• If you change your business address or move out of state, you need to file additional documentation with the SD Secretary of State for the new address. This isn’t necessary if you use a Registered Agent service, making a move or address change much more smooth.