South Dakota Registered Agent Services | LLC Registered Agent

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If you are trying to form a South Dakota LLC, then take note that in this state, starting an LLC requires having a South Dakota registered agent who will handle all official paperwork on the LLCs behalf. 

South Dakota Registered Agent Requirements

There are certain requirements to fill the role of a South Dakota registered agent:

  • The nominee must be more than 18 years old.
  • The individual must have a legal, physical address in the state where the LLC will operate.
  • The individual must be physically present during normal working hours.

How to Choose a Registered Agent?

When you file your Certification of Formation in South Dakota, you must nominate a registered agent.  You can either appoint an in-house registered agent (yourself or any LLC member) or outsource a South Dakota registered agent service. 

You can elect your registered agent online through the South Dakota Secretary of State website. 

Hiring an Inhouse Registered Agent

When hiring an in-house registered agent, make sure the individual is over 18 of age and lives in South Dakota.

Can I be my own registered agent?

Yes, you can be your own registered agent. So long as you meet the basic requirements for a registered agent, then you can take on this role for your LLC.

Outsourcing a Registered Agent

You may, instead, get professional registered agent services. Doing so ensures that you will have the best individual to represent your business. Here are three of the best LLC services on our list that will provide you with registered agents to ease your worries. 

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Note that availing of the services of professional registered agents would be your best option since you are guaranteed that whoever is handling your legal affairs knows their stuff well. You will enjoy peace of mind and focus only on running your business, as the ‘professionals’ take care of all legal matters.  

What to Consider when Choosing a Registered Agent

Here are some factors to consider when choosing a registered agent.

  • Service Fee: Since most states require formal businesses to have registered agents, selecting the best-registered agent is critical. Hiring a registered agent service typically costs between $50 and $300 annually. When you consider how much time it will save you, this is a small price to pay.
  • Tenure in Business of Registered Agent: You want the registered agent to have established and time-tested procedures for handling documents that are received.
  • State Jurisdiction Limitation: If your company expands to another state, you should use the same registered agent in all states to reduce the administrative burden of dealing with multiple registered agent service providers.
  • Offer Monitoring and Follow-up Services: You want to receive up-to-date information and alerts from your registered agent as soon as possible so that you are aware of the various statutes, rules, and regulations that apply to your company.

South Dakota Registered Agent and Business Laws

Registered agents are responsible for all aspects of South Dakota LLC business law and legal issues. Each state has its own set of business laws. South Dakota is no exception. Each state has its own set of business laws. These are the most important business laws that every business should adhere to.

  1. Interest Law: Every state has an interest law for businesses. The general interest rate guidelines are usually lower than the legal threshold for interest rate. This is because most businesses agree to higher interest rates. South Dakota has interest rates of 15% on sales and 12% on judgment. South Dakota does not have Usury Law. This law charges a higher interest rate for advances and loans. The legal guidelines apply to this interest rate. South Dakota’s regular rate is 15% and there are some leverages on loans below $5000.
  2. Antitrust Law: In general, Antitrust law is used to detect the formation of cartels on any market. A cartel is formed when competitors join forces and have an illegal influence on market price or supply. Cartels are illegal on any market. South Dakota has an Antitrust Law, just like in other states.
    South Dakota’s statute of limitations for bringing a claim under this law allows you to do so within 4 years. This law also allows a plaintiff to recover the attorney fees, and other damages.
  3. Deceptive Trade Practice Law: South Dakota doesn’t have a Deceptive Trade Practice Law. It does however have penalties for trade fraud and other deceptive acts in the state. The case can be raised by any attorney general. You could face a fine of up to $2,000.
  4. Civil Statute of Limitation Laws: The Civil Statute of Limitations Laws in South Dakota are the same as other states. This law allows for up to 6 years imprisonment. There is a time limit within which you can file a lawsuit. Failure to file a lawsuit within the time limit can result in penalties and other actions.
  5. Wage and Hour Laws: In South Dakota employees who are above 18 years must be paid minimum $8.85 per hour. Workers who are below the age of 18 should be paid a minimum $7.75 per hour. South Dakota Department of Labour Regulation can file a case against the employer on behalf of the employee if they violate the law. 
  6. Pyramid and Ponzi Schemes Laws: In South Dakota, attempting an investment fraud can lead up to 5 years of imprisonment and fine up to $10,000. Under this law, anyone attempting investment fraud such as paying existing investors with the money taken from new investors might be punished.

These cases and laws are taken care of by registered agents. A registered agent in South Dakota can help you manage and deal with all of these business laws.

How to Remove a Registered Agent for LLC in South Dakota

To remove your registered agent, you should follow the steps outlined in this article. This can be an extremely time-consuming process, but it is not impossible. With a little knowledge and effort, you can remove your registered agent from your LLC in just a few minutes. These instructions will help you remove your agent from your LLC without having to worry about the legalities involved. The following information will guide you through this process.

First, you must provide the secretary of state with the address of your business. You must specify the place where the company is located. You cannot use a PO Box address because it’s not an actual address. Once you’ve filled out the form, make sure to specify the location of your business. Once you’ve filled it out correctly, you can change the address of your business. If you’re not happy with the new address, you can remove the registered agent.

Another way to remove the registered agent of your LLC is to opt for a service. You can hire an individual to be your registered agent. In this case, you’ll be required to provide a physical address, so make sure to choose someone who has a physical address. A P.O. box won’t count as a physical address, so it’s best to choose a professional who can take care of your legal affairs.

F.A.Qs

Do you need a registered agent for your LLC in South Dakota?

All corporations and limited liability companies doing business in South Dakota are required by state law to appoint a South Dakota registered agent. South Dakota registered agents provide a reliable way for the Secretary of State and state courts to contact a corporation or LLC.

Who qualifies to be a registered agent?

A registered agent is simply a person or entity appointed to accept service of process and official mail on your company’s behalf who lives in the state of service and is over 18.

Why should you not act as your own registered agent?

If you intend to be your own registered agent, you may be forced to use your home address (especially if you run a home-based or web-based business), making the address public.

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