South Dakota Registered Agent Services
Every business entity formed in South Dakota needs to formally appoint a person or business to act as a Registered Agent. Your South Dakota Registered Agent provides various services to LLCs, including the acceptance of formal documents and correspondence from the South Dakota Secretary of State.
Your LLC must have a Registered Agent at all times. You can appoint a Registered Agent when you first start your business. You can also replace your existing Registered Agent at a later date, provided there is a smooth transition between the old and new Registered Agent service.
Rules for South Dakota Registered Agents
There are certain rules that you must follow when you’re appointing a South Dakota Registered Agent service for your business. They are:
- If the Registered Agent is a person, they must reside in South Dakota.
- If the Registered Agent is a business, they must be able to conduct business in South Dakota.
- The Registered Agent must have a physical street address in South Dakota, not a P.O. Box.
- The Registered Agent must be available in person during normal business hours to sign for any correspondence.
Note that the Registered Agent address does not need to be the same as your South Dakota LLC business address.
Services Provided by a South Dakota Registered Agent
Your South Dakota Registered Agent carries out several valuable services for your business. They accept official communications and documents from the Secretary of State on your behalf. This may include:
- Correspondence from the South Dakota Secretary of State, like a notice to file reports and other forms
- Service of process documents (for example, if your South Dakota LLC has legal proceedings issued against it)
- Official South Dakota and federal government documents, form filings and requests for information (including taxes, permits and company filings)
A Complete South Dakota Registered Agent Service from Incfile
If you have an LLC that’s incorporated in South Dakota and you need a Registered Agent, we can help. Incfile provides a complete Registered Agent service for any South Dakota business. If you form your business through Incfile, we’ll act as your Registered Agent free for your first year (normally a $119 annual cost).
We are authorized to conduct business in South Dakota and can legally act as your Registered Agent. Here’s what you need to know about Incfile’s Registered Agent service:
- The Registered Agent will always be available to accept documents and letters on your behalf.
- We automatically notify you whenever we receive correspondence for your business from the South Dakota Secretary of State or anyone else.
- We scan your correspondence and upload it to a dashboard, so you can review it when convenient.
- We forward all correspondence to an address you choose.
Appointing a Registered Agent Service for Your South Dakota LLC
You can appoint a Registered Agent when you first incorporate your South Dakota LLC or at any point after that. Here’s how to go about it.
Assign Your Registered Agent When You Form Your SD LLC
Your business needs to have a South Dakota Registered Agent Service as soon as it’s formed. You can achieve this through one of the following methods.
File Articles of Organization with the South Dakota Secretary of State
You will need to include details of your Registered Agent in your Articles of Organization. This is the form that you file with the Secretary of State to formally create your business.
Incorporate Through Incfile and Get a Free South Dakota Registered Agent
When you incorporate through us, we complete and file your Articles of Organization based on the information you’ve provided. Additionally, we give you a free South Dakota Registered Agent service for the first year, and we’ll include details of your Registered Agent in the form that we file.Incorporate Your Business Through Incfile
Assign a Different South Dakota Registered Agent Service After Incorporation
You can also change your Registered Agent service after you’ve formed your LLC. There are a couple of ways to achieve this.
Choose a Registered Agent Service and File a Statement of Change with the South Dakota Secretary of State
Once you’ve chosen a new South Dakota Registered Agent, you can complete a “Statement of Change” form that’s available on the SD Secretary of State website. Once you’ve filled it out, send it to the Secretary of State so they can update your records.
Sign up for Incfile’s South Dakota Registered Agent Service and We’ll File the Change on Your Behalf
When you choose to use our SD Registered Agent service, we take care of all the form filling and filing for you. We’ll collect important information about your business, complete form “Statement of Change” on your behalf and send it to the South Dakota Secretary of State. We’ll let you know once we officially become your Registered Agent.Order Incfile's South Dakota Registered Agent Service
SD Registered Agent Search
In some situations, you might want to know the name of the Registered Agent that represents another South Dakota LLC. If you do, you can search the business database of the South Dakota Secretary of State, which will often provide details of a specific business’s Registered Agent.
If the Registered Agent isn’t available from the searchable business registry, contact the South Dakota Secretary of State requesting the information.
Issues with Not Having a South Dakota Registered Agent
What happens if you choose not to assign or provide details of a Registered Agent to the South Dakota Secretary of State? There are several possible ramifications, including:
- Getting served or sued and not finding out about it: If your LLC is sued and you don’t know about it, you could lose to a default judgment in your absence.
- Falling out of good standing with the South Dakota Secretary of State: If you don’t respond to certain correspondence (like the request for your annual report), certain states may revoke your right to do business.
- Losing your status as a South Dakota LLC: A Registered Agent “proves” to the state that your business exists. Without it, you could lose your business entity protections and your South Dakota LLC may be dissolved.
Assigning Yourself as the South Dakota Registered Agent for Your LLC
If you have an address in South Dakota, you can choose to be the Registered Agent for your LLC. We don’t recommend this approach as there can be some drawbacks:
- The Registered Agent must have a physical street address in South Dakota. If you’re forming an LLC outside SD, you will need to use an in-state Registered Agent.
- You always need to have someone on hand during business hours at the South Dakota address to sign for important documents.
- The Registered Agent’s name and address are part of the public record and available through the South Dakota Secretary of State's website. If you prefer your name and address aren’t published, you should choose a Registered Agent service.
- If you change your South Dakota business address or move out of state, you need to file additional documentation with the SD Secretary of State for the new address if you act as your own Registered Agent. This would not be the case if you use a Registered Agent service, making a move or address change much simpler.
FAQs About South Dakota Registered Agents
Yes. All SD LLCs are required to have a Registered Agent. This is mandated by the South Dakota Secretary of State.
You can either do it when you incorporate your South Dakota business through paperwork filed with the Secretary of State or afterward by filing the correct form. If you form your business through Incfile, we will file all necessary forms on your behalf.
Yes, but we don’t recommend it for the reasons listed above. If you still want to be your own Registered Agent, you need to fill in the correct forms and pay a fee to the South Dakota Secretary of State.
Yes. Additionally, if they are a business providing Registered Agent services, they must be legally able to conduct business in your state.
Useful Resources for South Dakota Registered Agent Services
You might find these resources helpful: