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A Registered Agent in South Dakota provides various services, such as accepting formal documents and correspondence from the Secretary of State (SD Sec State).

Your corporation must have South Dakota Registered Agent services at all times. You appoint one when you first start your business. You can also replace your existing agent after formation, provided there is no period during which your business is without a Registered Agent.

 

South Dakota Registered Agent Requirements

  • Every corporation, domestic or foreign, must have a Registered Agent with a registered office within the State of South Dakota at all times.
  • The Registered Agent can be a domestic or foreign (licensed to transact business in the state) artificial legal entity (corporation, LLC, LP or LLP) or a natural person.
  • If the Registered Agent is a company, they must be authorized to conduct business in South Dakota.
  • If the Registered Agent is a person, they must live in South Dakota.
  • The Registered Agent must be available in person to sign for any correspondence during regular business hours.
  • The Registered Office must be located in the state of South Dakota at a street address (a P.O. Box is not acceptable).

The address for your Registered Agent in South Dakota doesn't need to be the same as your business address. In fact, you can use a South Dakota virtual mailbox for your business address.

Important: A virtual mailbox is not a replacement for a Registered Agent. They perform two separate functions and per state law, you are required to have a Registered Agent.

What South Dakota Registered Agents Do

A Registered Agent’s primary function is to accept official correspondence and documentation, including but not limited to:

  • State and federal government correspondence and notices
  • Service of process notices (e.g., if your corporation is sued or required to appear in court)
  • Correspondence from the SD Sec State
  • Tax forms and requests to complete permits, company filings and reports

Having a Registered Agent also allows you to prove to the state that your business exists.

Bizee Provides Free South Dakota Registered Agent Services for the First Year

Bizee provides complete South Dakota Registered Agent services for any corporation formed in the state. Better yet, if you form your corporation through Bizee, your Registered Agent is completely free for the first year and only $119 a year after that.

Bizee is authorized to conduct business in South Dakota and able to legally act as your Registered Agent. Here’s what our South Dakota Registered Agent services include:

An always-available Registered Agent who can receive correspondence, documents and legal proceedings on your corporation's behalf

A digital dashboard where you can access, store and retrieve any information we’ve received for your business

Email notification whenever we receive documents for your business

Automatic forwarding of all legal correspondence, documentation and information directly to you

 

Appointing a Registered Agent for Your Corporation

When you're incorporating in South Dakota, you must appoint a Registered Agent at that time. You can change the agent at any time after that. Here’s how.

Assign a Registered Agent When You Form Your Corporation

Your business needs to have a Registered Agent as soon as it’s formed. You can do this two ways:

1
File Your Articles of Incorporation with the SD Sec State

When you create your business, you must include your Registered Agent's information in your Articles of Incorporation.

2
Get a Free Registered Agent When You Incorporate with Bizee

If you form your business through us, you’ll get our Registered Agent service free for one year. We’ll use the information you provide to complete and file your Articles of Incorporation for you.

Assign a New Registered Agent After Incorporation

You can also assign someone new as your Registered Agent in South Dakota after you’ve incorporated. There are a couple of ways to do this.

1
Choose a New Registered Agent Service and File a Form with the SD Sec State

Once you’ve chosen a new Registered Agent, you can complete the Statement of Change form available on the Secretary of State website. Once you’ve filled it out, send it to the SD Sec State with a filing fee of $25 so they can update your records. The change can also be filed online using the state's online filing system for a lesser fee of $10.

2
Sign up for Bizee’s Registered Agent Service and We’ll File the Change on Your Behalf

When you use our Registered Agent service, we take care of all the forms for you. We’ll collect the pertinent information about your business, complete the form and send it to the SD Sec State on your behalf. We’ll notify you when we officially become your Registered Agent.

Search for South Dakota Registered Agents

In some situations, you may need to know the name of the Registered Agent that represents another SD corporation. You'll find this information in the state's list of Commercial Registered Agents.

If you can’t find the Registered Agent information there, you can request it from the Secretary of State.

What Happens If You Don’t Have a Registered Agent?

If you don’t assign or provide a Registered Agent's details to the Secretary of State, you may be subject to certain ramifications, including but not limited to:

  • Getting sued or served and not knowing about it. You could lose to a default judgment in your absence if your corporation is sued and you don’t respond.
  • Losing your status as a corporation in the state. A Registered Agent is evidence to the state that your business exists. Without it, you could lose your business entity protections and your corporation may be dissolved.
  • Falling out of good standing with the SD Sec State. The state may revoke your right to do business if you don’t respond to certain correspondence (such as a request for your annual report).
 

Acting as Your Own Registered Agent

If you have a business office in the state, you can elect to be the Registered Agent for your South Dakota corporation. There can be some drawbacks to this approach:

  • The Registered Agent must have a physical street address in South Dakota. If you’re forming a corporation outside the state, you’ll need to use an in-state Registered Agent.
  • Someone must always be available during business hours at the South Dakota address to sign for important documents.
  • The Registered Agent’s name and address are part of the public record and available through the SD Sec State website. If you prefer to keep your name and address private, you should use a Registered Agent service.
  • If you change your business address or move out of state, you need to file additional documentation with the Secretary of State for the new address. This won't be necessary if you use a Registered Agent service, making a move or address change much simpler.

Other Useful Resources

FAQs About South Dakota Registered Agents

Do I Need to Secure South Dakota Registered Agent Services?

Yes. All business entities are required to have a Registered Agent. This is mandated by the Secretary of State. You'll find more information above.

When Do I Need to Assign a Registered Agent in South Dakota?

You must assign a Registered Agent when you form your business with the Secretary of State. You can change your agent afterward by filing the correct form. If you form your business through Bizee, we’ll file all the necessary forms on your behalf. You'll find more information above.

Can I Be My Own Registered Agent in South Dakota?

Yes, but we don’t recommend it for the reasons listed above.

Does the Registered Agent for My South Dakota-Based Corporation Need to Have an Address in South Dakota?

Yes. And if you use a company as your Registered Agent, that company must be legally able to conduct business in the state. You'll find more information above.

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