Understanding the Importance of a South Dakota Registered Agent for Your Business

A South Dakota registered agent service ensures that the government and the public can reach your company during regular business hours. Whether you plan to move your business to South Dakota or establish a limited liability company (LLC), you’ll need a registered agent to operate legally. 

You can serve as your company’s registered agent or hire a registered agent service. Read on to understand why you need a South Dakota registered agent and how to choose the best service for your company. 

What Is a South Dakota Registered Agent?

A South Dakota registered agent, also sometimes called a resident agent, is the point of contact for the public and the state. The primary role of a registered agent is to receive office mail and correspondence for a company. This can include tax notices, service of process, or other official communication

A South Dakota registered agent is required to form or register a new business in the state. The registered agent or someone appointed by them must be available at a physical South Dakota address during regular business hours. 

What Is a Registered Office in South Dakota?

A South Dakota registered office is the official business location of a South Dakota registered agent. A registered office must be a physical location in South Dakota and cannot be a Post Office box or virtual mailbox. 

What Are the Legal Duties of a South Dakota Registered Agent?

A South Dakota registered agent must be available to receive official documents like a legal summons or service of process on behalf of the company. For this, the registered agent must be present at the registered office or have someone present at the registered office during regular business hours. Their duties include:

• Maintaining a registered office that is open during regular business hours.
• Receiving official correspondence, process service, and other legal documents.
• Receiving official government documents, including tax documents.
• Being available for the public or government to contact the business.
• Forwarding all documents and relevant information to the company efficiently.

Why Is a Registered Agent Required in South Dakota?

South Dakota requires a registered agent to ensure that both the public and the government can reach the company. All South Dakota LLCs, corporations, or businesses operating in the state must maintain a registered agent to facilitate any legal proceedings, compliance, and communication. 

According to South Dakota law 56-11-16, all state businesses must maintain a registered agent to receive official correspondence and service of process (in case of court cases). 

Does South Dakota Require Registered Agent Consents?

Yes, South Dakota requires a registered agent’s consent for the role. Meanwhile, according to South Dakota law 59-11-15, a registered agent may resign at any time. 

When Do You Need a South Dakota Registered Agent?

You need a registered agent to own or operate a business in South Dakota. This includes:

• An LLC formed in South Dakota
• An LLC formed in another state (a foreign LLC) operating in South Dakota
• A corporation formed in South Dakota
• A foreign corporation operating in South Dakota
• Any other business entity registered with the South Dakota Secretary of State

Who Can Be a Registered Agent in South Dakota?

Anyone aged 18 or older can be a registered agent in South Dakota as long as they have a physical street address in the state and are available during regular business hours.

How to Choose a Registered Agent Service in South Dakota?

When deciding whether to hire a registered agent service in South Dakota, you should consider the costs, features, and reputation of the service provider. Let’s discuss these points further:

Service Cost

The cost of a registered agent service in South Dakota ranges from $49 to $300.  Generally, the lower-cost service will offer basic registered agent duties. Weigh the price of the service and its value for your company to find a cost-effective solution.

Features 

Some registered agent services include online account access, email scanning and forwarding, or online LLC formation. For out-of-state companies, the registered agent service with additional online access and forwarding can facilitate business operations and ensure access to important documents.

Reputation

A registered agent is a trusted interface between your company and the public and government. They are responsible for key legal and government documents and protecting the LLC owner’s privacy. Look at online customer reviews on Google as well as BBB reviews and ratings to choose a company with a strong reputation for reliability and discretion. 

What Happens if You Don’t Have a South Dakota Registered Agent?

If you don’t have a registered agent in South Dakota, the Secretary of State will reject your application for filing an LLC or corporation. You could face penalties or fines if you fail to maintain a registered agent after company registration. For service of process or allowed legal documents, the company may be served by registered mail.

How to Change Registered Agents in South Dakota?

You have the option to change the registered agent for your company at any time in South Dakota. If you need to change registered agents, you must inform the Secretary of State immediately. You may choose to switch from acting as your company’s registered agent to a professional service. Or, you might choose to change service providers. 

In any case, the process of changing registered agents in South Dakota is simple. You can change the South Dakota registered agent online or with the statement of change form. There’s a $25 filing fee.

If you print and fill out the form, you can mail it, along with a check for $25 made payable to the Secretary of State, to:

The Secretary of State Office

500 E. Capitol Ave.

Pierre, SD

57501

You can also reach the Secretary of State’s office by email at: corpinfo@state.sd.gov or call them at 605-773-4845.

Choosing a Registered Agent

Having more time to focus on your business is valuable for small business owners. A South Dakota registered agent offers reliable contact and privacy for your company so you can focus on what really matters. A professional registered agent service can save costs while ensuring you don’t miss any important documents.

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