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

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

Who Can Be a South Dakota Registered Agent?

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.

How to Change Your South Dakota Registered Agent?

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 or by mail.

A filing fee of $10 is required for limited liability companies [3].

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.

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.

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

1. Changing Your Registered Agent Using a Professional Service

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

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.

You only have to pay their processing charge and the state filing cost; they will take care of all the South registered agents filing for you.

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 [email protected]

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

To change your registered agent by mail, download the form from the South Dakota Secretary of State website and fill it out.

To download a registered agent form, go to South Dakota Secretary of State business service, navigate to LLC, and select the file by paper.

To complete the form, you'll need to have the following:

• 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.

The document does not require the original signature of the authorized person or the signature of the registered agent.

Then, write a $25 check and mail the form to:

South Dakota Secretary of State Office
500 E. Capitol Ave
Pierre, SD 57501

FAQs

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.

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References: 

1. https://sdlegislature.gov/Statutes/Codified_Laws/2077523
2. https://sdlegislature.gov/Statutes/Codified_Laws/2077499
3. https://sdsos.gov/business-services/corporations/corporate-forms/limited-liability-companies.aspx