Every limited liability company operating in the United States needs to designate a registered agent. Even after you identify your initial registered agent in your formation paperwork, filed on your own or through a SD LLC service, there are several reasons for why you may need to change the registered agent for your LLC in South Dakota.
Your registered agent could be moving out of state, or they could be a former co-owner or employee who no longer works for your organization. Maybe you want to switch from an individual registered agent to a professional service that operates in all 50 states, or perhaps you’re simply unsatisfied with your current registered agent’s service.
Whatever the reason may be, each state allows you to change your registered agent at any time, and in most states the process is both simple and inexpensive. Let’s dive into the specifics of how to change your LLC’s registered agent in South Dakota.
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3 Steps to Change Your South Dakota Registered Agent
Thankfully, changing your registered agent in South Dakota isn’t a terribly complicated process. If you know the steps to follow, it’s a cinch:
1.) Gather contact information for both your old and new agents:
This might seem like fairly basic information, but South Dakota requires you to gather the names and business addresses for both your former registered agent and your new one. If you don’t have this information immediately on hand, you’ll need to get it before proceeding.
2.) Obtain the proper forms:
South Dakota gives you three different ways to file this registered agent form. For starters, you could file an amendment to your Articles of Organization. That’s a more complicated, more expensive ($60) method. Alternatively, if your annual report is coming due, you can simply update the registered agent’s information while you file. Our recommendation is to file the Statement of Change of Registered Office or Registered Agent or Both form. This one is the simplest and cheapest. You can also file most of these forms online. The only exception is the amendment to the Articles of Organization.
3.) Submit the completed form to the Secretary of State:
If you’re filing online, this step is as simple as hitting the “submit” button. If you opt for a paper filing method, you’ll need to slip the completed form into an envelope and send it in or drop it off in person. The address is listed on the form itself. Either way, you’ll need to pay the filing fee. Online filing for the Statement of Change is just $10, but paper filing will cost $25.
That’s all there is to it! Once the state receives and processes your documents, you’ll have yourself a new registered agent.
Important South Dakota Registered Agent Do’s and Don’ts
Want to make your registered agent switch a perfect success? If you follow the steps above, you’ll be off to a great start. But there are a few other things to keep in mind to keep things running smoothly—before, during, and after the switch.
DO follow state regulations when appointing a new agent.
When it all comes down to it, the state of South Dakota isn’t incredibly picky about who can be your registered agent, but they still have some rules they want you to follow. If you want to read the official statutes, you can find them here. But you’re probably pretty busy (and legalese can be overwhelming!), so here are the essentials:
- Can be an individual resident of the state
- OR an entity registered to do business in the state
- Must maintain a physical address in the state (not a P.O. box)
- Be present at that address to accept service of process and official communications during regular business hours
As long as you meet those requirements, you can pick just about anyone to serve as your own registered agent.
DO pick the right agent for your business goals
Before you opt to serve as your own registered agent or hire a registered agent service, you’ll want to consider the right agent for your unique needs. After all, agents aren’t “one-size-fits-all.” Some businesses might benefit from having the owner or an employee serving as their own agent. Others might opt to have a local, South Dakota-dedicated registered agent service. And lots of LLCs in SD choose to work with a national service that covers businesses in all 50 states.
There’s not really a wrong answer here. Well, the only wrong answer is not hiring one. That would put you in non-compliance. That said, you should think about your long-term vision for your business when picking a registered agent.
For example, if you want to expand into other states later on, you should pick a service that covers multiple states. That way, you wouldn’t have to hire another service when you joined a new state. You’d just have your pre-existing agent serve you in that state, too.
DON’T confuse your filing options
In some states, there’s only one type of form to file when you want to file a registered agent change. But South Dakota gives you three different form options—and two of those can be filed online or by mail. All those forms and filing methods can feel overwhelming. Our recommendation is to pick one method and stick with it. You’d hate to pick one method, change your mind halfway through, and have to redo all your hard work.
Additionally, keep in mind that how you file your form affects how quickly your documents are processed. Online filings are usually processed immediately, but paper filings take 3-5 business days (upon receipt) for processing. Plus, paper filing costs more. So if you’re in a rush (or just want to save a few bucks), opt for online filing.
DON’T forget to keep both your new and old registered agent in the loop
This might seem like a common courtesy, but when you switch registered agents, you should chat with both (unless, of course, you’re serving as your own agent). Obviously, you’ll talk with your new agent to let them know you’ll require their services. Plus, that’ll give you the chance to chat about your business’s needs, your new agent’s fees, and more.
But be sure to touch base with your previous agent, too. This is especially important if you’re paying someone to serve as your registered agent. You’ll want to wrap up any payment obligations, including canceling any automatic payments you’ve set up. And even if a friend or family member was acting as your agent for free, you should let him or her know your plans to avoid any confusion.
Getting Help: Hiring a Registered Agent Service
A registered agent service is a company that specializes in being a registered agent for a wide variety of businesses across the country, bringing tons of expertise and a healthy dose of reliability to the role.
Most professional registered agent services operate on a national basis, meaning there’s no restrictions on which states you can operate your business in. They also tend to charge affordable rates, as you can find several registered agent services that charge around $10/month or even less for this service. In addition, most of these companies will also offer to handle the process of changing a registered agent for you.
Since the registered agent is such a vital part of any business, it’s crucial to get it right whenever you decide to switch agents. We hope this article helped you improve your understanding of changing a registered agent in South Dakota. If you’d like more assistance, there are plenty of business services online that can help with changing your agent or even filing an LLC. And, as always, we thank you for choosing Registered Agent Ready!