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, 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.
NOTE: If you need help changing registered agents, the same services that are known for offering cheap LLC services — like LegalZoom and Zen Business — can also take over registered agent duties and file the needed paperwork.
Who Can Be a South Dakota Registered Agent?
A South Dakota registered agent is a person or business entity that has a physical address in the state. You or one of your co-owners can serve as your own registered agent, you can designate a friend or family member for this role, you can hire a lawyer or accountant as your agent, or you can hire an online business services company to provide registered agent service.
No matter who you choose to be your registered agent, they need to be physically present at the address provided to the state during all standard business hours. This person or entity does not need to have any prior experience being a registered agent, but it’s wise to choose a registered agent who is familiar with the serious responsibilities that come with this role.
There is no minimum age requirement on who can be a registered agent in the state of South Dakota. According to the South Dakota Statutes, each company’s registered agent filing must state:
- The name of the represented entity’s commercial registered agent; or…
- If the entity does not have a commercial registered agent:
- The name and address of the entity’s noncommercial registered agent; or…
- The title of an office or other position with the entity if service of process is to be sent to the person holding that office or position, and the address of the business office of that person.
For more general information regarding the role of a registered agent with a South Dakota LLC, we encourage you to check out our full guide on the topic.
What Is the Procedure for Changing Your LLC Registered Agent in South Dakota?
While the role of the registered agent is vitally important for any American business entity, this role can always be changed, and there are different rules for how to change your agent depending on which state your business operates in.
In South Dakota, a limited liability company that wants to change its registered agent can file a Statement of Change form, amend its articles of organization, or simply indicate the change on its LLC annual report.
Option 1) Filing a Statement of Change Form
The most common way to change an LLC’s registered agent in South Dakota is to file a Statement of Change of Registered Office or Registered Agent or Both form with the Secretary of State. This form costs $10 to file online, or $25 via a paper form. You may file the Statement of Change through the state’s online portal, via mail, or in person.
Option 2) Indicating the Change in the LLC’s Annual Report
If your LLC’s registered agent change coincides with your company’s annual report due date (by the end of the LLC’s formation anniversary month), you can make this change on your annual report form. There are different versions of the annual report form for domestic and foreign LLCs, although the filing fee of $50 for online filing or $65 for paper filing applies to both versions. Annual reports may be filed online, via mail, or in person.
Option 3) Filing an Amendment to the Articles of Organization or Certificate of Authority
The other option is to file an Application for Amended Articles of Organization form for domestic LLCs or Application for Amended Certificate of Authority form for foreign LLCs. The domestic version has a $60 filing fee, whereas the foreign version costs $750 to file. These forms cannot be filed online, as they must either be filed by mail or in person.
Processing Time
According to the FAQ section on the South Dakota Secretary of State website, paper filings are processed within 3-5 days, while online filings are processed immediately.
Prefer to Have a Registered Agent Service Handle Your Requirements?
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.
If you’re interested in this option, we highly recommend Northwest Registered Agent.
The Law for Changing Your LLC Registered Agent in South Dakota
It’s always important to be well-informed regarding the specific laws for changing your registered agent. The registered agent laws in South Dakota apply to all businesses, and do not vary depending on the company’s entity type or domestic/foreign classification.
Specifically, we can refer to Title 59, Chapter 11 of the South Dakota Codified Laws, which states:
- “A represented entity may change the information currently on file under § 59-11-6 by filing with the secretary of state a statement of change signed on behalf of the entity which states:
- The name of the entity; and
- The information that is to be in effect as a result of the filing of the statement of change.
- The interest holders or governors of a domestic entity need not approve the filing of:
- A statement of change under this section; or
- A similar filing changing the registered agent or registered office of the entity in any other jurisdiction.
- The appointment of a registered agent pursuant to this section is an affirmation by the represented entity that the agent has consented to serve as such.
- A statement of change filed under this section takes effect on filing.”
Conclusion
If you operate a limited liability company in the state of South Dakota, you need to designate a registered agent to receive important government document deliveries on your behalf. If you decide at any time that you would rather change your registered agent to a different individual or business entity, it’s important to know what that process looks like.
In South Dakota, an LLC may change its registered agent by amending its articles of organization or by including the information on its annual report, but by far the most popular option is to file a Statement of Change form. It’s a simple document with a reasonable filing fee, but if you’d rather have a registered agent service handle this task for you, you certainly have that option.
We hope this article helped you improve your understanding of changing a registered agent in South Dakota, and as always we thank you for choosing Registered Agent Ready!