A South Dakota registered agent (also referred to as a resident agent or statutory agent in some states) is a person or company designated to be a company’s official point of contact.
The purpose of a registered agent is to receive service of process (legal mail such as a summons, subpoena, or lawsuit) and forward it to the appropriate person in the company. The state requires registered agents for a South Dakota Limited Liability Company (LLC), corporation, Limited Liability Partnership (LLP), or Limited Partnership (LP), but sole proprietorships and general partnerships do not need one.
Also See: Guide To Starting A Business In South Dakota
South Dakota Registered Agent Requirements
The requirements for registered entities to have a South Dakota registered agent are found in South Dakota Statutes Section 47-1A-5011, which states that registered entities will have and continuously maintain a registered agent.
In addition to the state legal requirement, if a process server is unsuccessful in reaching the company’s registered agent, the court can proceed with legal proceedings, which could result in a judgment being placed against the business. Additionally, by not maintaining a registered agent, an entity may lose its good standing with the state, and the owners may lose their liability protection.
There are a few requirements to be a registered agent in South Dakota, which include:
- A South Dakota resident 18 years or older may be appointed. Alternatively, a registered business entity, such as a registered agent service, may be appointed.
- Having a physical address (often referred to as a registered office or principal office). This can be the actual address of the business, the home address of an owner, or even the address of a friend or family member. PO Boxes and mail drop services are not allowed since someone has to be available to sign for documents.
- The agent is generally available to receive service of process on behalf of the business during normal business hours, normally between 9 a.m. and 5 p.m.
Can I Be My Registered Agent In South Dakota?
Yes, you can serve as your own registered agent in South Dakota, provided you meet the state’s requirements above. This option is the least expensive and isn’t overly complicated, but there are a few potential drawbacks. A few of these include:
- Privacy: The registered agent’s name and address are listed on the State of South Dakota business database. This can be concerning if someone runs a small business on the side and doesn’t want their employer to know about it. Also, if the business is sued, the notice will be delivered to the registered office address, and employees, customers, or neighbors can witness the event. Last, if the registered office address is the owner’s home address, there is also the remote possibility of a vindictive litigant or upset customer finding the address and showing up at the business owner’s home.
- Availability: South Dakota requires the registered agent to be available at the registered address during regular business hours. The biggest issue with availability, especially if a home address is used, is if the agent goes on vacation or is otherwise away for some period of time and can’t be reached.
- If the Business Expands to Additional Locations: If the business has a physical presence in multiple states (offices, warehouses, employees, etc.), a foreign entity registration will often need to be filed with those states and would require that a registered agent be appointed in each state.
- Due Date Reminders: Registered agent services often provide annual report reminders and state updates, which is nice to ensure the entity remains in good standing with the state.
If a business owner chooses not to serve as a registered agent in South Dakota, several alternatives are available. They can appoint a trusted individual, such as a family member, friend, or employee, who meets the state’s requirements and is willing to take on the responsibility. Law firms or accountants familiar with the company’s affairs may also offer this service. A cost-effective solution is hiring a professional registered agent service specializing in fulfilling this role.
How Much Does A South Dakota Registered Agent Service Cost?
There is no cost for the business owner to be the registered agent. If a commercial registered agent service is hired, expect to spend between $100 and $150 per year, depending on the services provided.
How Can A Registered Agent Be Changed In South Dakota?
To change a registered agent in South Dakota, submit the Commercial Registered Agent Statement of Change and the filing fee to the South Dakota Secretary of State. In addition to filing this form, the LLC operating agreement or corporation bylaws should be updated to include the new registered agent’s information.
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