How to Change Registered Agent in South Dakota (Full Guide)

Delina Chantel Yasmeh
Published by Delina Chantel Yasmeh | Author
Last updated: January 23, 2024
Methodology
We meticulously research and verify the information presented in our articles. By consulting reliable sources and ensuring factual accuracy, we are committed to providing readers with well-informed, trustworthy content.

As a business owner in South Dakota, you may be required to change your registered agent for various reasons.

It's important to understand the multiple steps and requirements the state of South Dakota needs you to meet.

To help you, we teamed up with our LLC specialists, who collectively have over a decade of expertise in the field.

We searched the South Dakota Secretary of State's website for the properly registered agent change paperwork and requirements for four weeks.

Here's what you need to know about changing a registered agent in South Dakota.

Quick Summary

  • Changing a registered agent in South Dakota involves completing a Statement of Change form and paying a $10 fee.
  • Various methods are available for changing a registered agent, including using professional services, online platforms, mail, in-person, or fax submissions.
  • The process of changing a registered agent in South Dakota usually takes about two business days to complete.
  • I believe it's vital for businesses to efficiently change their registered agent to ensure compliance and smooth business operations.

How to Change Your South Dakota Registered Agent?

Helping a co-league changing registered agent in South Dakota

To change your South Dakota registered agent, you must fill out and file a Statement of Change of South Dakota with the South Dakota Secretary of State submitted in person.

You can also change your registered agent using a professional service, using the state’s online platform, or filing the change by mail.

The fastest way to change yourself is to hang out with people who are already the way you want to be — Reid Hoffman, Co-founder of LinkedIn.

1. Changing Your Registered Agent Using a Professional Service

Using a professional service to change registered agent

You can hire a professional service to submit your papers if you're too busy or feel at ease letting someone else do it.

Here's is the process:

  • Choose a Professional Service: Select a reputable service with a strong track record in South Dakota. Ensure you have your current business information, including the name and details of your existing registered agent.
  • Sign Up and Provide Company Information: Once you've hired a reputable registered agent service, sign in to their website and enter information about your company, including the names of your old and new South Dakota registered agents.
  • Pay the Fees: You will need to pay a processing fee, typically ranging from $50 to $150, along with the South Dakota state filing fee, which is currently $10. These fees are subject to change, so verify the latest rates on both the service provider's and the South Dakota Secretary of State's websites.
  • Submit Your Application and Await Confirmation: The service will handle the submission of your paperwork and notify you once the change is approved. This process can take from a few days to weeks. Keep a record of the confirmation for your business files.

2. Changing Your Registered Agent Online

You can fill out and submit a registered agent change form online on the South Dakota Secretary of State website.

You should:

  • Choose a new LLC registered agent for South Dakota.
  • Inform your previous registered agent that you are changing.
  • Visit the website and input your company ID.
  • Fill out the form.
  • Submit the completed statement and payment.

There's an extra $15 fee for paper filing on top of the standard $10 filing fee paid by check, credit card, or money order if you scan, print, and mail it in.

Email your Statement of Change of Registered Agent to corporations@state.sd.us.

You can also send the filled form by fax at (605) 773-4550.

Your documents will be processed in approximately two business days.

3. Changing Your Registered Agent by Mail, In-person, or Fax

Top view of empty mail

Changing your registered agent in South Dakota can be done by mail, in-person, or fax.

Here’s a guide on how to complete this process:

  • Download the Form: First, visit the South Dakota Secretary of State's website. Navigate to the business services section, specifically for Limited Liability Companies , and locate the form for changing your registered agent. This is typically a 'Statement of Change' form.
  • Complete the Form: To fill out the form, you will need:
    • Your business ID number.
    • Your South Dakota LLC name.
    • Old registered agent's information (name and street address).
    • The name and address of a new noncommercial registered agent or Commercial Registered Agent (CRA) obtained from the commercial registered agent service.
  • Payment: Write a check for $25. This is the filing fee for changing your registered agent in South Dakota. Send the completed form along with the check to:South Dakota Secretary of State Office
    500 E. Capitol Ave
    Pierre, SD 57501
  • In-Person or Fax Submission: Alternatively, if you prefer not to mail the form, you can submit it in-person at the same address or fax it to the Secretary of State’s office: 605-773-4550.
  • Confirmation: After submitting the form, the change will be processed by the Secretary of State’s office. You should receive a confirmation once your new registered agent is officially recorded.

Related articles:

4. Changing Your Registered Agent by Amendment

You can also change your registered agent in South Dakota by applying amended LLC articles of organization or an amendment to your articles of incorporation.

However, the LLC registered agent change is much less expensive than these amendments.

To change your registered agent in South Dakota through an amendment, you'll need to:

  • Assess the Need for Amendment: Determine if changes to your corporation's Articles of Incorporation are needed, which may include updating the registered agent details.
  • Prepare the Amendment: Gather necessary information like the new registered agent's details and any other changes to the corporation's structure or information.
  • File the Amendment: Submit the completed amendment form to the South Dakota Secretary of State. This can be done in-person or by mail.
  • Pay the Fee: The filing fee for amending the Articles of Incorporation in South Dakota is $63.
  • Wait for Processing: Processing can take 2 to 10 business days, after which you'll receive a Certificate of Amendment.

We recommend this approach if you are changing your registered agent at the same time other articles need to be amended.

Still, you shouldn't use this approach if changing your registered agent service is your only update.

Who Can Be a South Dakota Registered Agent?

Shaking hands as a sign of agreement

Any individual or a business entity can be a South Dakota registered agent if they abide by all legal requirements.

A South Dakota Registered agent is a company or resident with a registered office address in South Dakota and is prepared to receive official documents on behalf of a business.

South Dakota law allows a registered agent service to be commercial or noncommercial.

A commercial registered agent has filed a Commercial Registered Agent Listing with the South Dakota Secretary of State, while a noncommercial registered agent does not have one [1].

The state of South Dakota requires a registered agent to provide the following services, as per state statute (59-11-6):

  • Must be a state resident or an organization offering registered agent services.
  • Must have a registered office (a local address in South Dakota).
  • Must accept legal documents during normal business hours.

Limited Liability Companies may designate one of its members to act as its own registered agent in South Dakota, provided they're 18 years or older [2].

But occasionally, it's simpler and less demanding for limited liability companies to delegate those tasks to a professional service.

FAQs

What if My Registered Agent Moves or Changes Address?

If your registered agent in South Dakota moves or changes their address, you must file a Statement of Change form with the South Dakota Secretary of State to update the address.

Can I Change My Registered Agent When Filing an Annual Report?

No, you cannot change your registered agent while filing an annual report in South Dakota. The change of a registered agent requires a separate process involving specific forms.

Do You Want to Change Your South Dakota Registered Agent?

As a business owner, running a business and responding to urgent documents from the SOS can be very difficult.

But this important paperwork will be swiftly received and forwarded to you by a reputable South Dakota registered agent.

Using these best registered agents in South Dakota allows you to concentrate on expanding and managing your business.

A registered agent will not only file your legal documents but also ensure that you don't miss any important documents or notifications sent to you by the state.


References: 

  1. https://sdlegislature.gov/Statutes/59-11
  2. https://sdlegislature.gov/Statutes/59-11-6

About The Author

You May Also Like

Leave a Reply

Your email address will not be published. Required fields are marked *