Every formal business in the state of South Dakota is required by law to have a registered agent. A registered agent receives any official documents from the State of South Dakota, as well as any service of process filed on a firm in a litigation.
In this South Dakota Registered Agent guide, we’ll go over what a registered agent is, what they perform, and how to choose one.
What Is a Registered Agent in South Dakota?
A registered agent in South Dakota is a person or corporate organization that serves as your company’s point of contact for:
All correspondence with the State of South Dakota, such as the South Dakota Annual Report and certificate of good standing, is received.
In South Dakota, any formal business, such as an LLC or corporation, is required by law to have a registered agent.
In South Dakota, may I act as my own registered agent?
Yes, any owner or employee of a company may serve as its registered agent in South Dakota if they are above the age of 18 and have a South Dakota street address.
You might also designate a member of your LLC or a friend you trust, as long as they match these standards as well.
Why Do Companies Use South Dakota Registered Agent Services?
Many firms opt to employ a registered agent service when forming an LLC for the following reasons:
Compliance
A registered agent service keeps a compliance calendar and will notify you when yearly reports or other files are due, as well as assist you in submitting them.
This helps you avoid penalties and maintains your firm in good standing, both of which are necessary to preserve your limited liability protection.
If you do not reply immediately to serving of process, legal complexities, costs, or other concerns may develop. A registered agent will scan your papers, upload them to the internet, and tell you when they are ready.
Privacy
If you operate from home or a private office as your own registered agent, your address will be publicly shown on the South Dakota Business Information Search.
If your privacy is important to you, a registered agent service will use their own address instead of yours.
Discretion
Receiving service of process for a lawsuit at your place of business may be a delicate circumstance to have in front of your staff and customers.
To circumvent this problem, a registered agent will accept service of process and other papers at their office and deliver them to you discreetly online.
Flexibility
If you are your own registered agent, you must be accessible every working day of the year during regular business hours.
Registered agent services have real offices and people to cover certain hours, allowing them to be accessible during those times.
Hiring a registered agent service enables you to be more flexible with your working hours and locations. So go ahead and take a vacation, work from home or the office, or travel the globe knowing they’ll be there to collect your documents.
Online Data Storage
A competent registered agent service will scan your papers as soon as they arrive, maintaining a digital record of all your company documents and any service of process on a user-friendly dashboard.
If you employed an LLC creation service, you would most likely also use them as a registered agent. This implies a copy of your formation paperwork will be accessible online as well.
Having all of this information, which is accessible as PDFs, is really useful when you need to do things for your company, such as create a business bank account, apply for a business credit card, apply for small business loans, and many other things that need a copy of your paperwork.
National Reach
If you want to grow your company into other states, such as by employing an out-of-state employee or establishing a new sales office, you must have a registered agent for your foreign LLC or other corporation.
The majority of registered agent services are available in all 50 states and Washington, D.C. Simply pay a little fee for the new state in which you operate, and they will transmit all of your paperwork to the same web dashboard.
What Is the Cost of a Registered Agent?
A registered agent service normally costs between $50 and $300 each year. When you consider how much time it will save you, this is a little amount to pay.
In South Dakota, How Do I Choose A Registered Agent?
When you finish your LLC’s Articles of Organization in South Dakota, you must choose your registered agent. In South Dakota, the primary LLC creation document is the Articles of Organization.
Online Registration of a Registered Agent
The South Dakota Secretary of State website allows you to create your LLC online ($150 filing fee needed). When you submit your LLC’s Articles of Organization online, you will be asked for the name and contact information of your registered agent.
Choosing a Registered Agent by Mail
Download the Articles of Organization form ($165 filing fee necessary), fill out the appropriate information, and send a physical copy to the South Dakota Secretary of State to create your LLC by mail. Article III will require you to submit your registered agent.
How Do I Change My South Dakota Registered Agent?
Simply complete out a Commercial Registered Agent Change of Name or Address form and send it to the South Dakota Secretary of State along with the $10 filing fee paid by check, money order, or credit card (online).
This may be done through email, mail, or in person:
Online
Secretary of State Office, 500 E. Capitol Ave., Pierre, SD 57501, by mail or in person