How to Get a Registered Agent in South Dakota
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Swyft Filings is committed to providing accurate, reliable information to help you make informed decisions for your business. That's why our content is written and edited by professional editors, writers, and subject matter experts. Learn more about how Swyft Filings works, our editorial team and standards, what our customers think of us, and more on our trust page.
You have a lot on your plate as a South Dakota business owner. From recruiting teammates and finding new communication channels to reducing costs, it’s easy to get overwhelmed due to many responsibilities. Hiring a South Dakota registered agent can help take a significant load off your shoulders.
South Dakota Registered Agent: Key Takeaways
A South Dakota registered agent acts as the main point of contact between a South Dakota LLC or corporation and the state or other parties.
Electing a registered agent in South Dakota requires different forms depending on whether you’re starting an LLC or corporation.
You can hire a corporation to act as your registered agent in South Dakota if they have a permit to conduct business in the state.
Protect your privacy, avoid compliance issues, and choose a service trusted by over 300,000 businesses.
What Is a Registered Agent?
A South Dakota registered agent is an individual or third-party company that receives legal documents on your behalf. Every limited liability company (LLC), corporation, or other business entity launched in the state of South Dakota is required to appoint a registered agent when submitting formation documents.[1]
For instance, if you own a South Dakota LLC, you must provide the registered agent’s address and name on your LLC formation document. It ensures you complete your business registration correctly and keeps you in good standing with the Secretary of State.
In other words, you’re required to select a registered agent. Large and small business owners who fail to comply can incur significant fines and face severe consequences.
Failure to designate a registered agent can trigger many adverse scenarios for your organization:
Hefty fines
Loss of certificate of good standing
Default judgments
Inability to take out loans or other types of financing for your company and file lawsuits
Business termination
Registered Agent Responsibilities
Depending on your agreement, a South Dakota registered agent can do many things on your behalf. However, their most important duty is to be available at an official business address during regular business hours to receive legal documents.
Once they accept the papers, they can forward them to you or make corporate filings while you focus on strategic activities.
Here are the business documents your registered agent can receive:
Biannual and annual report reminders
Notifications about licenses, certifications, and permits
Business service of process paperwork (your registered agent receives these documents when the state notifies you about any legal action against you).
Changes to your certificate of authority for doing business in other states
Insurance policies
As court clerks or other government officials typically deliver these documents, they’re part of the public record. Your registered agent can offer same-day forwarding for urgent matters after receiving them.
Choosing Your South Dakota Registered Agent
Having a South Dakota registered agent is a must if you want to adhere to state laws and avoid legal trouble. However, this doesn’t mean you can select just about anyone as your agent — this role has several requirements.
South Dakota Registered Agent Requirements
A South Dakota registered agent must meet the following requirements:
Be 18 years old or older if they’re an individual
Have a physical address in South Dakota (PO Boxes or mail services don’t count) to receive mail
Be available during regular business hours (Monday to Friday, 9 am to 5 pm) to receive government correspondence
Reside in South Dakota if they’re an individual or have a permit to do business in the state if they’re a domestic or foreign organization
Not abiding by these mandates may lead to state fees and compromise your good standing with the South Dakota Secretary of State.
Can I Be My Own Registered Agent in South Dakota?
The state of South Dakota lets you appoint anyone as your registered agent if they meet the above criteria. You can even act as your own registered agent, which can be beneficial in some ways:
You save some money by cutting the cost of contracting out the position
You make better use of your time if you’re already working out of an office
You avoid having middlemen handling your legal documents and keep control over them
Like any other business arrangement, designating yourself as your company’s registered agent has disadvantages:
You’re more likely to miss crucial legal documents if you aren’t able to be present in your office
Your private address becomes part of the public record, opening the door to junk mail and other issues
Sensitive documents like service of process paperwork might be served to you during client meeting, hurting your reputation
You won’t be able to expand to other states, because every state requires physical presence
You might miss a service of process document, denying you the ability to protect yourself when sued
Benefits of a Third-Party Registered Agent
Acting as your registered agent is not only risky; it neutralizes one of the most significant benefits of being a business owner — being able to focus on growing the company.
The best way to continue having time to devote to your business is to partner with a South Dakota registered agent service. Here’s what providers like Swyft Filings bring to the table.
More Time to Focus on More Relevant Activities
You may have started your company for many reasons, but compliance documentation is unlikely to be one of them. Accepting important documents takes time and administrative work, especially if you receive paperwork from multiple sources.
Outsourcing the responsibility to a reliable registered agent provider solves the problem. For instance, Swyft Filings can receive all your documents on your behalf and offer same-day mail forwarding to avoid missing deadlines. Hence, you can focus on other parts of your company that align with your expertise.
Less Risk of Non-Compliance
Although compliance matters aren’t fun, they’re integral to growing your business. A registered agent service can help ensure you abide by state requirements. Receiving and sending critical documents on time makes you less likely to face fines, lawsuits, and other issues that can compromise your good standing.
More Privacy
There’s no way to ensure private receipt of legal notices when being your own registered agent. By contrast, that’s what Swyft Filings and other experienced agent providers offer from the get-go.
When you outsource the role to a third-party company, officers won’t deliver service of process and other documents to your home or in front of your clients. Instead, they submit the paperwork to your registered agent because you’ve appointed them as the point of contact for the South Dakota government.
Less Risk of Attracting Marketers or Junk Mail
Acting as your own registered agent requires you to list your address as the registered agent office. This means marketers can send their promotions to your address, which can overwhelm you with junk mail.
To avoid the hassle, work with an experienced registered agent provider. They can review all your mail on your behalf to make your workload more manageable.
How To Set Up Your South Dakota Registered Agent
Considering the overwhelming responsibilities and the higher risk of missing important documents, there are few reasons to be your own South Dakota registered agent. A much better decision for business owners is to set up a third-party agent like Swyft Filings for their South Dakota LLC or corporation. Regardless, setting up or changing a registered agent is straightforward.
Electing a South Dakota Registered Agent
You’re required to elect your South Dakota registered agent when launching your new business. You provide their information on your Articles of Organization or Articles of Incorporation. These are the primary formation documents for your enterprise.
When you find a reliable registered agent, take the following steps to register them with the South Dakota Secretary of State:
Visit the South Dakota Secretary of State web page.
Find and complete your Articles of Organization or Articles of Incorporation, depending on whether you’re an LLC or corporation.
Provide the business name, address, and other requested information about your agent. The state fees are $100.[2]
The process is similar if you want to form your company by mail. Just download and submit the appropriate form and submit a copy to the Secretary of State’s office at the following address:
Secretary of State Office
500 E. Capitol Ave.
Pierre, SD 57501
Changing a South Dakota Registered Agent
You might want to change your South Dakota registered agent for several reasons. For example, you may be unhappy with their services and want to switch to a better provider, like Swyft Filings. If so, the transition process is simple:
Fill out the Commercial Registered Agent Change of Name or Address form.
Pay the $10 filing fee by credit card, money order, or check.[3]
Send a copy of the form to the Secretary of State to the following address:
Secretary of State Office
500 E. Capitol Ave.
Pierre, SD 57501
Alternatively, complete the form, pay the state fees, and submit the information about your South Dakota LLC agent using this online platform.
Avoid Penalties: Every business is legally required to have a registered agent in any state where it operates.
Prioritize Your Privacy: We go on record with the government so you don’t have to, meaning any legal actions come to us, not your home or office.
Stay Flexible: We are always available at a physical address during business hours, so you’ll never miss an official notice.
FAQs
Who can be a South Dakota registered agent?
Specific rules dictate eligible individuals and organizations for the role of your registered agent. You can either select an adult South Dakota resident or a company with permission to conduct business in the state.[4]
How much does a registered agent in South Dakota cost?
On average, South Dakota registered agent providers charge between $50 and $500 per year. This is a small price for a seamless document receipt and delivery. Swyft Filings has a $199 per year starting package.
How can I change my registered agent in South Dakota?
The easiest way to change your South Dakota registered agent is to download, fill out, and submit the Commercial Registered Agent Change of Name or Address form to the Secretary of State. You’re required to do this whenever you switch providers.[5]
How can I find a registered agent in South Dakota?
You can find registered agents in South Dakota by looking them up after getting a recommendation from your partners, friends, or family. Alternatively, visit the South Dakota Secretary of State website for helpful resources.
What is a South Dakota registered office?
A South Dakota registered office is where your registered agent receives legal correspondence. This can’t be a PO Box or virtual address — it must be a physical South Dakota street address.
What’s the difference between a registered agent and a resident agent or statutory agent?
The terms registered agent, resident agent, and statutory agent are different names for the same role.
What is a registered agent service?
A registered agent service is a third party that fulfills the registered agent requirements on behalf of the business. Swyft Filings offers a reliable registered agent service that maintains your privacy, provides immediate access to vital documents, and gives you more time to focus on your business.
Bibliography
South Dakota Legislature. “Codified Laws — Appointment of Registered Agent.” Accessed January 10, 2023.
South Dakota Secretary of State. “Commercial Registered Agent Registration.” Accessed January 10, 2023.
South Dakota Secretary of State. “File a Registered Аgent Statement of Change.” Accessed January 10, 2023.
South Dakota Secretary of State. “Frequently Asked Questions.” Accessed January 10, 2023.
South Dakota Legislature. “Codified Law 47-14A-32.” Accessed January 10, 2023.
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