Your South Dakota Registered Agent provides various services, including the acceptance of formal and legal documents and continued correspondence with the South Dakota Secretary of State.

Your LLC must have a Registered Agent at all times. You’ll appoint one when you first formally register and form your business. You can also replace your existing South Dakota Registered Agent at a later date, provided there you transition smoothly between the old and new agents.

 

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.

Note that the address for your South Dakota Registered Agent does not need to be the same as your South Dakota LLC business address.

What a South Dakota Registered Agent Does

A Registered Agent’s main function in South Dakota is to accept official documentation and communications.

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

Having a Registered Agent also provides proof to the state that your business exists.

Incfile Provides Free South Dakota Registered Agent Service for the First Year

Incfile provides complete South Dakota Registered Agent service for any LLC that’s formed in the state. As a bonus, your Registered Agent is completely free for the first year and only $119 a year after that if you’ve formed your business through Incfile.

Incfile is authorized to conduct business in South Dakota and can legally act as your Registered Agent. Here’s what our Registered Agent service provides:

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

 

Appointing a Registered Agent Service for Your LLC

When you first register and form your LLC, you must appoint a Registered Agent. You can change it at any point after that. Here’s how to go about it.

Assign a Registered Agent When You Form Your LLC

Your business needs to have a Registered Agent as soon as it’s formed. You can do this two ways:

1
File Your Articles of Organization with the South Dakota Secretary of State

When you formally create your business, you’re required to include details of your Registered Agent in your Articles of Organization.

2
Get a Free Registered Agent When You Form Your LLC with Incfile

Establish your business through us, and you’ll get a free year of our Registered Agent Service. We’ll also complete and file your Articles of Organization for you with the information that you provide.

Assign a Different Registered Agent After Formation

After you’ve formed your LLC, you can still assign someone else to be your South Dakota Registered Agent. There are a couple of ways to achieve this.

1
Choose a new Registered Agent Service and let the South Dakota Secretary of State (SOS) know

Once you’ve chosen a new Registered Agent, file a Statement of Change of Registered Agent with the South Dakota SOS. The SD Secretary of State provides this service for a fee of $10.

2
We’ll file the change on your behalf when you sign up for Incfile’s Registered Agent service

When you use our Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete the form on your behalf and file it with the South Dakota Secretary of State. We’ll let you know when we officially become your Registered Agent.

South Dakota Registered Agent Search

In certain situations, it may be useful to know the name of the Registered Agent that represents another LLC in South Dakota. You can use the list of commercial registered agents provided by the South Dakota SOS to discover this information.

If you can’t find the Registered Agent information there, you can request it from the Secretary of State.

What Happens If You Don’t Have a Registered Agent?

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.
 

Acting as Your Own Registered Agent

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:

  • The Registered Agent’s name and address are part of the public record and available through the South Dakota Secretary of State website. You should use a Registered Agent service if you prefer that these details remain private.
  • 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.

Other Useful Resources

FAQs About South Dakota Registered Agents

Do I Need to Appoint a South Dakota Registered Agent?

Yes. Most business entities (including LLCs) in the state are required to have a Registered Agent. This is mandated by the South Dakota Secretary of State (SOS). Find more information above.

When Should I Assign a Registered Agent?

You must assign a Registered Agent when you first register and formally form your South Dakota LLC with the SOS. You can change your agent afterward by filing the correct form. If you form your business through Incfile, we’ll file all the necessary forms on your behalf. You'll find more information above.

Can I Be My Own Registered Agent?

Yes, but we don’t recommend it for the reasons listed above.

Does the Registered Agent for my South Dakota-Based LLC Need to have an Address in South Dakota?

Yes. And if you use a company as your Registered Agent, that company must be legally able to conduct business in your state. You'll find more information above.

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