When you’re ready to change your registered agent in South Dakota, nothing beats doing it yourself. But do you know where to start? Well, it is nothing to worry about – we’ve got the steps all covered. Changing a South Dakota registered agent or registered office is going to be smooth and straightforward using this guide.
What is a Registered Agent?
A registered agent is a person or entity designated by your business to receive service of process, state correspondence, and receiving or sending important business mails. Depending on the state, a registered agent may also be known as:
- Statutory agent,
- Resident agent, or
- Service of process agent.
How to Change Registered Agent in South Dakota
For an LLC in South Dakota, regardless of whether you choose the DIY method or hire a company, you need to file the certificate of change of registered agent. To change your registered agent mentioned in your Article of Organization, you file a change of registered agent or registered office form with the secretary of state.
However, before you file your application to change your registered agent in South Dakota, you must be sure that your registered agent is:
- At least 18 years of age or older.
- Your registered agent should be a resident of the state of South Dakota
- A registered agent must be present in the office during regular business hours.
- Your designated registered agent is happily willing to be nominated as your registered agent.
- Since P.O. mailbox can’t be used in most states, a registered agent must have a physical address to deliver documents.
- Your registered agent must be comfortable with their address going to be public in the state record.
Hire a Company to Change Registered Agent in South Dakota
Among hundreds of companies providing registered agent services for your LLC in South Dakota across all states, we bring the top 2 registered agent services for you here i.e. ZenBusiness and Northwest Registered Agent, which are far better alternatives of LegalZoom.
Change Registered Agent DIY in South Dakota
You can change your registered agent or the address of the registered office by filing the Statement of Change with the South Dakota Secretary of State. You can file the Statement of Change of the registered agent or principal office address online, in-person, or by mail.
Changing a Registered Agent or Registered Office Online
You can change the registered agent or registered office online by following the steps given below.
- Login to the South Dakota Secretary of State website to change the registered agent or registered office.
- Enter your business ID
- Complete the form with correct information, including the payment information.
- Review and submit the form.
Important Note: Filing the South Dakota annual report may allow you to change a registered agent or the registered office. However, it is an expensive way as South Dakota Annual Report filing fee is $50 while the statement of change costs you only $10.
Moreover, you can file South Dakota the statement of change anytime while the annual report must be filed during the filing period.
Changing a Registered Agent or Registered Office via Mail
If filing the statement of change of registered agent by mail is more convenient, you first need to download the form from the South Dakota Secretary of State website. Fill it out with your correct information on your computer and send it along with the filing fee to the address given below:
Secretary of State Office
500 E. Capitol Ave.
Pierre, SD 57501
Changing a Registered Agent or Registered Office by Submitting an Annual Report
If you’re within the filing deadline for the South Dakota Annual Report of your business, you can change the Registered Agent or Registered Office without needing to file additional paperwork.
You can file the South Dakota Annual Report online or through the mail. Make sure to put your new registered agent’s information on the report. South Dakota Annual Report filing fee is $50.
Change of Registered Agent Fee in South Dakota: $10
The state of South Dakota charges you $10 to process your change of registered agent document. You can pay this fee by credit card (for online filings only), check, or money order.
Information Needed to Complete Change of Registered Agent Form
To change your South Dakota registered agent, you will need to type in the following information on the change of registered agent or registered office by entity type form:
- Your South Dakota entity I.D. number,
- The name of your business entity,
- The name of your current registered agent,
- The name of your new registered agent,
- The address of your new registered agent,
- Signature of the authorized person by your business,
- Signature of your new registered agent consenting to their appointment,
- Credit card information to pay the filing fee if filing online,
- If filing through the mail, tick the box if paying the fee through check or fill the information of charge fees to a prepaid account.
Why Change Registered Agent in South Dakota?
In business, nothing is permanent, nor does everything hold for forever. With changing situations and circumstances, you update and revise your decisions. The same goes with the registered agent.
For instance, you may have appointed your attorney or CPA as your registered agent. Now you wish to change your attorney or CPA, so you would also want to change the registered agent. Some of the common reasons to change your registered agent could be:
- Your designated registered agent wants to retire.
- Your current registered agent moves to another state.
- Your present registered agent is too busy to take responsibility for your business correspondence anymore.
- You are not satisfied with the existing registered agent.
- You have nominated yourself as your registered agent but cannot handle this responsibility due to your busy schedule
- Your designated registered is charging a lot, and you want to hire cheaper registered agent services
FAQs on Changing Registered Agent in South Dakota
Can I be My Own Registered Agent in South Dakota?
All business owners in South Dakota can be their own registered agents. So, whether you are running an LLC or operating your business as a corporation, you can designate yourself to accept service of process and official notices for your business.
Can I switch Registered Agents?
You can switch registered agents at any time. When you are ready to make a change, cancel the previous registered agent service and hire a new one. Then file the appropriate paperwork (change of registered agent form) with your state. However, most states require a fee to process your change of registered agent document.
Can I Get Free Registered Agent Services?
Yes, many reputable LLC services such as ZenBusiness, IncFile, etc provide 1-year free registered agent services after incorporating your business with them. For example, ZenBusiness in its basic package of $39 files your article of organization and provides a free registered agent for one year. Whereas as a standalone service, registered agent service cost you $99.
How do I change my registered agent in South Dakota?
File a Change of Registered Agent form with the South Dakota Secretary of State, and you’ll be able to change your registered agent. You just need to fill in the correct information, including the name of the previous registered agent, the name and address of the new registered agent, your business name and I.D. number, etc.
Do you have to have a registered agent for an LLC in South Dakota?
Registered agents are a must for any formal business in South Dakota. So whether you have an LLC, LLP, or corporation, you need to designate a registered agent for state correspondence. If you’re not sure what a registered agent’s role is and do you need one, read our article on What is a Registered Agent? Be Your Own or Hire a Service to help your company operate smoothly.
What is the responsibility of a registered agent?
Registered agents ensure that critical legal and other documents, such as subpoenas or regulatory notices, are delivered to you without any delay. They help your business remain compliant and up-to-date by delivering all necessary paperwork. They are responsible for accepting official correspondence on behalf of the company, such as tax forms, legal notices, and business mails.