South Dakota law requires your LLC to hire a registered agent, a person or company authorized to accept official correspondence on behalf of your business, such as legal or tax documents.
A registered agent ensures your business receives all key documents and notices and complies fully with state regulations.
Registered Agent Requirements in South Dakota
In South Dakota, an LLC owner, known as a member, can be the registered agent, or you can choose an individual that meets state requirements. In South Dakota, registered agents must:
- Must be 18 years or older
- If a non-commercial registered agent, they must be a South Dakota resident with a physical and mailing address in the state or
- Be a business entity registered in South Dakota.
- If a commercial registered agent must have registered with the Secretary of State to be a registered agent service company.
- Must be personally available during regular business hours
Registered Agent Services
Many business owners hire a registered agent service to ensure all important documents are received and addressed promptly. A registered agent service also offers convenience.
If you choose to be your registered agent, you’ll have to be available at your registered agent’s address during regular business hours. However, a registered agent service will allow you the flexibility to run and grow your business wherever you need to be.
An agency also offers privacy. Since they will receive all official correspondence for your business, you would never be served with a summons for your business in front of customers or employees.
Choosing a Registered Agent Service
Some registered agent services operate nationally, allowing you to form LLCs in other states if your business expands. However, if you don’t choose a national agency, you’ll need one with an office in South Dakota.
You’ll also want an agency that will:
- Send deadline reminders for things like annual reports to ensure your LLC stays in compliance
- Digitally store your documents so you can access them at any time
- Offer great customer service
Prices for registered agent services vary, which may affect your decision. Registered agent services generally run $50 to $300 annually.
How to Appoint a Registered Agent in South Dakota
In South Dakota, you’ll officially appoint your registered agent when you form your LLC by filling in the registered agent information on your articles of organization.
You can file your articles of organization on the Secretary of State’s website by filling out the form.
Alternatively, you can download the form and file it by mail.
The mailing address is:
Secretary of State Office
500 E Capitol Ave
Pierre, SD 57501
Once your LLC is approved in South Dakota, your registered agent is officially appointed. You do not need to do anything further in terms of registering your agent.
South Dakota requires your LLC to have a registered agent. Some LLCs appoint a member as their registered agent, but hiring a professional service offers many advantages.
You’ll likely need to decide on whichever route you choose before you form your LLC. You can change your registered agent later if you decide to do so, though it does require additional paperwork.
South Dakota Registered Agent FAQs
Can I be my registered agent in South Dakota?
Yes. When filling out your Articles of Organization, simply put your name and address in the space for a registered agent.
What does a registered agent do for an LLC in South Dakota?
A registered agent receives all government notices and documents for your LLC and must be at the designated address during business hours. Of course, you can be your registered agent, but designating someone else helps you maintain privacy and gives you greater freedom of movement.