[0:00] The short answer Dan: The 5 best registered agents in South Dakota in 2026 are Mainstay Filing, Northwest Registered Agent, SD Registered Agent.org, Bizee, and South Dakota Registered Agent.co. Maya: This is The Business Formation Podcast. South Dakota. What should I know before I choose? Dan: A change of agent is $10 online, but $25 on paper. And South Dakota's LLC annual report lists your agent, so the record has to stay current. [0:31] What South Dakota requires Maya: What does the law say? Dan: Chapter 59-11, the Model Registered Agents Act, says every entity needs a registered agent. South Dakota splits them into noncommercial and commercial. Maya: What's the difference? Dan: A noncommercial agent is an individual who lives in South Dakota, or a business entity registered in the state. A commercial agent is an organization that has paid a registration fee and registered with the Secretary of State. Maya: Can an officer of the company just do it? Dan: Not for an LLC. The state's FAQ says the office holder option doesn't apply to LLCs. Maya: I'm Maya, by the way, here with Dan. Dan: Thanks, Maya. Now the five. [1:14] Mainstay Filing Maya: First? Dan: Mainstay Filing, $149 a year, and the same $149 when it renews. Maya: What do I get? Dan: Its South Dakota address on the public record instead of yours. Papers served on your company are scanned and uploaded the same business day, no fee. And the first three government mailings each year are scanned free. Maya: If I have an agent now? Dan: Mainstay files the change. The $10 state fee goes through at cost. Maya: The catch? Dan: Two agents on this list are $99, so the flat price isn't the lowest. [1:50] Northwest Registered Agent Maya: Second? Dan: Northwest Registered Agent, $125 a year. Its page says the price hasn't gone up in 20 years. Up to 10 pieces of business mail a year are scanned free. Maya: The catch? Dan: Signup auto-enrolls you in its annual report filing service, which is $100 plus state fees per filing, until you cancel it. Maya: What's the state fee for the report? Dan: $55 online. So that service adds $100 on top of the state's price. [2:20] SD Registered Agent.org Maya: Third? Dan: SD Registered Agent.org, $99 a year, same at renewal. A South Dakota address, professional document handling, and compliance support. Maya: And to switch? Dan: Just the $10 state fee. Maya: Catch? Dan: Annual report filing is a separate service. Maya: And against number one? Dan: $50 less a year, or $150 over three years. [2:47] Bizee Maya: Four? Dan: Bizee, formerly Incfile. Free the first year with any formation package, then $149 a year. Maya: The fine print? Dan: The free year needs a formation order, and the $149 renewal is automatic. Maya: If I'm formed already? Dan: Then it starts at $149. Two years is $298. [3:12] South Dakota Registered Agent.co Maya: And five? Dan: South Dakota Registered Agent.co, a flat $99 a year. The registered agent address, same-day scanning of legal documents, and reminders before your annual report deadline. Maya: Different from number three? Dan: On price and on the catch, no. Annual report filing is a separate service. [3:34] Naming the agent at formation Maya: Where does the agent go on the formation filing? Dan: Article III of the Articles of Organization. A noncommercial agent needs an actual street address in South Dakota, plus a mailing address. A commercial agent is listed by name and its commercial registered agent number. Maya: What does it cost? Dan: $150 online, or $165 on paper. Maya: What counts as an address? Dan: An actual street address or a rural route box number in the state, and a mailing address in the state if it's different. Maya: And the agent's consent? Dan: The statute says appointing an agent is your affirmation that the agent consented. You don't file proof of it. [4:21] Changing the agent Maya: How do I change it? Dan: With a Statement of Change of Registered Office or Registered Agent, signed on behalf of the entity. Maya: What does it cost? Dan: $10 at Business Services Online. The state accepts Visa, MasterCard, Discover and American Express there. Maya: And on paper? Dan: Paper adds a $15 filing fee. The paper form itself prints $25. Maya: Do members have to approve? Dan: No. The statute says the interest holders or governors need not approve it. Maya: When is it effective? Dan: On filing. [4:54] What the agent has to do Maya: What are the agent's actual duties? Dan: South Dakota lists only a few. Forward any process, notice or demand to the entity at the address it most recently supplied. Maya: What else? Dan: Give the notices the chapter requires. And keep its own information current. Maya: And what does the agent receive? Dan: Service of any process, notice or demand the law requires or permits to be served on the entity. Maya: So a good agent is mostly about forwarding fast. Dan: Exactly, and about the address being right. [5:30] If the agent resigns Maya: What if my agent quits? Dan: It files a statement of resignation. There's no charge, and the form says no filing fee. Maya: When does it take effect? Dan: The earlier of the 31st day after it's filed, or when you appoint a new agent. Maya: Does it tell me? Dan: The agent must promptly give your LLC notice of the date it filed. Maya: Does good standing matter? Dan: It doesn't. An agent may resign whether or not the entity is in good standing. [5:56] When there's no agent Maya: And if there's no agent to serve? Dan: The entity may be served by registered or certified mail, return receipt requested, addressed to its governors by name at the principal office. Maya: Where do the names come from? Dan: The most recent annual report. Maya: When is it complete? Dan: At the earliest of receipt, the date on the return receipt, or five days after it's mailed. Maya: And if that fails? Dan: Someone can hand a copy to the manager, clerk or person in charge of a regular place of business. Maya: Any effect on the LLC itself? Dan: The Secretary of State's FAQ says failure to keep a valid agent on file can lead to administrative dissolution. [6:35] The annual report Maya: What does South Dakota ask each year? Dan: An annual report, $55 online or $70 on paper. Maya: When is it due? Dan: The first day of your anniversary month. Maya: And late? Dan: A $55 late fee once it's two months past due. Maya: Does it mention the agent? Dan: Yes, the report lists the registered agent. That's another reason to update the agent first. Maya: Anything changing? Dan: From January 1, 2027, an entity may choose January 31 each year instead. [7:06] Doing it yourself Maya: Can I be my own agent in South Dakota? Dan: If you live in South Dakota, as an individual noncommercial agent, yes. The state's FAQ says the agent needs both a physical and a mailing address in the state. Maya: What's the downside? Dan: Your address is public, and so are the lawsuits that arrive there. Maya: Is there an hours rule? Dan: Not in the chapter or the FAQ. Maya: So what's the real cost? Dan: Being reachable, and never missing a forward. [7:37] Picking one Maya: How would a Sioux Falls or Rapid City owner pick? Dan: Three questions. Does the price hold at renewal, is the address a real South Dakota one, and who files the change. Maya: Your answer? Dan: Mainstay Filing. Our pick for South Dakota, at $149 a year. [7:55] The five in a row Maya: All five again? Dan: One, Mainstay Filing: $149, same at renewal. Two, Northwest: $125, with the report service to cancel. Three, SD Registered Agent.org: $99 flat. Four, Bizee: free the first year with a formation order, then $149. Five, South Dakota Registered Agent.co: $99 flat. Maya: The links are in the show notes. Thanks for listening to The Business Formation Podcast.