South Dakota Registered Agent

Main Responsibilities of South Dakota Registered Agents

A registered agent is required to accept service of process and other notices, demands, and similar government or legal correspondence on behalf of the represented organization. Your agent then forwards such communication to you, ensuring you don’t miss it.

To perform their duties, a registered agent must have a physical South Dakota address (known as a registered office) where they’ll receive notices. They must be available during all regular business hours, or they might miss the process server’s visit.

Missing a notice can be quite dangerous in case of a lawsuit against your organization. You might be unaware of the process and fail to appear in court. In this scenario, the judge or court might resort to a default judgment—a ruling made without you present, typically in the plaintiff’s favor.

Who Can Be a Registered Agent in South Dakota?

Chapter 59-11 of the South Dakota Statute is dedicated to the Model Registered Agents Act (MoRAA), which outlines all the rules regarding registered agents. According to MoRAA, registered agents are split into two categories:

1. Commercial—An individual or organization that submits a listing statement with the South Dakota secretary of state is considered a commercial agent and added to the state’s list, which you can browse online.
2. Noncommercial—An individual or organization that doesn’t register with the state but has the same responsibilities as those of commercial agents. The main difference is that you can’t find noncommercial agents on the secretary of state’s website.

Regardless of the type, a registered agent can be any of the following:

1. An individual who resides in South Dakota (the organization’s leader, employee, friend, family member, etc.)
2. A domestic South Dakota organization
3. A foreign organization authorized to transact in South Dakota

Appointing, Maintaining, and Changing a South Dakota Registered Agent

According to South Dakota laws, most legal entities (including corporations and LLCs) must appoint and maintain a registered agent. You’ll have to name an agent on your formation or foreign qualification documents, which vary depending on your business structure:

If you go with a commercial agent, you only need to provide their name in the relevant section of your filings. If it’s a noncommercial agent, you must also include their address, as it is unknown to the secretary of state beforehand.

Either way, you must keep the agent’s information accurate and current in your filings. Their name and/or address must match those in the secretary of state records whether your agent is commercial or not.

If your existing noncommerical registered agent changes their address, you’ll have to update the state yourself using the appropriate form. Besides, it’s your responsibility to keep in touch with the agent to be aware of any changes in the first place.

This isn’t the case with commercial agents, who can update their address or name without your involvement. Note that it’s still your responsibility to ensure that the most recent information is included in documents like your annual report.

If your agent resigns, or you wish to partner with a different one, you can file a Statement of Change through the secretary of state’s online portal. You only need your Secretary of State Business ID, and the electronic filing will cost you $10. If you choose to print out the form and send it by mail, you’ll need to pay another $15 for processing.

South Dakota Registered Agent Services by Harbor Compliance

If you want your South Dakota organization to operate in accordance with the law, Harbor Compliance is here to assist you. Through our Registered Agent Service, you can rest assured that you will never overlook any legal or official communication, allowing you to meet all your obligations without setbacks.

Thanks to our online Client Portal, you can manage your notices wherever you are, which gives you more flexibility if you run a multistate organization. Harbor Compliance supports clients in:

• All 50 states
• Puerto Rico
• The District of Columbia
• Select Canadian provinces

By engaging with us, you can enjoy numerous benefits, most notably:

• Same-day electronic delivery of notices from our local office in Watertown. In case of a lawsuit, we’ll also contact the person associated with the account to ensure you’re aware that the service of process is received.
• Access to an intuitive software solution containing pre-filled state forms, annual report alerts, and all your notices in one place.
• Constant availability during all regular working hours, ensuring someone is always there to accept your notices.

If you need help meeting South Dakota’s regulations beyond appointing a registered agent, you can leverage our many additional services:

• Drop-off Filing and document retrieval ( certified copies, certificate of good standing , certificate of authority, articles of reinstatement, and more)
• Nonprofit formation, including incorporation, charitable registration, and 501(c) tax exemption
• Business licensing management (general business licenses and industry-specific ones, including architecture, construction, and pharmaceutical manufacturing)
• Entity lifecycle management encompassing everything from name reservations and DBA management to amendments and withdrawals

Individual South Dakota Registered Agents vs. Harbor Compliance

At first, it might seem logical to appoint someone from your organization as your registered agent, considering they’re already present at the office during regular working hours. You may even want to list your own address because doing so seems the simplest.

The problem is that if you appoint an employee, there’s always a chance you might receive service of process in front of your team or clients, potentially damaging your organization’s reputation. On the other hand, choosing yourself would affect your privacy, as your name and address would enter the public record.

Other individuals—friends, family members, or commercial agents—might not offer the flexibility and constant availability you need. If they’re absent for any reason (personal time off, sickness, etc.), you risk missing a crucial notice, such as a lawsuit, and facing the associated legal consequences.

With all of the above in mind, appointing a full-fledged provider like Harbor Compliance is the safest option for the following reasons:

• Privacy—When you partner with Harbor Compliance, our information is submitted to the secretary of state, and you won’t need to accept service of process in person.
• Reliability—Our Watertown office is open at any time a process server might pay a visit, so your notices will never pass us by.
• Security—We use industry-standard security protocols when scanning and forwarding official correspondence.
• Freedom—By leveraging our robust, centralized online platform, you can stay on top of all notices from every state your organization operates in, regardless of your physical location.

How To Appoint Harbor Compliance as Your South Dakota Registered Agent

With Harbor Compliance, you can strike a balance between in-house and outsourced work or choose to leave everything to us. Depending on whether you’re forming a new legal entity in South Dakota, foreign qualifying in the state, or changing your agent, there are several ways to appoint us as your registered agent.

Forming a New Organization

If you’re registering a new legal entity in South Dakota, you can use our Incorporation, Nonprofit Formation, and LLC Formation services to complete the process effortlessly. Choose your preferred service, and we’ll submit all the filings on your behalf and enter our details in the registered agent section of the formation documents to appoint ourselves.

Alternatively, you can take a more DIY approach to formation and order our Registered Agent Service separately. In this case, you can appoint us by taking the following steps:

1. Order the service online
2. Open the Client Portal and find our Watertown address
3. Use the pre-filled forms from the Portal to complete the registration paperwork
4. Submit your filings to the South Dakota secretary of state

Changing Your Agent

Whether your agent has resigned or you need a more comprehensive or reliable solution, you can make the switch in one click before completing the order of our Registered Agent Service.

Right before checkout, you’ll see the "Change of Agent " option. Once you select it and check out, we’ll make the change and appoint Harbor Compliance as your new agent.

Foreign Qualifying Into South Dakota

Meeting all the requirements for expanding into South Dakota can be time-consuming. If you want to expedite the process, our Foreign Qualification Service can ensure your organization is up and running as quickly as possible.

When you complete the registration, we’ll submit all the necessary documents to the secretary of state and obtain your South Dakota certificate of authority. We’ll also make Harbor Compliance your registered agent, so you won’t need to do it separately.

Partner With Harbor Compliance and Get a Reliable South Dakota Registered Agent

Engaging with Harbor Compliance means your notices will be handled by a team of experts, so you can respond to any legal action promptly and avoid issues like default judgment. Complete our Registered Agent Service wizard to get started.

If you need additional help meeting South Dakota’s requirements, feel free to contact us. We’ll find the best solution for your compliance needs to ensure your organization establishes and maintains good standing with the state.

You can also request a free Harbor Compliance Score™ to get a clear overview of your organization’s regulatory standing. Regardless of the results, you can stay on top of all the requirements using our advanced software. Schedule a demonstration to see how it can help.

Our Registered Agent Service is available nationwide, so consult the following table if you want to learn about other states’ regulations: