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<v Dan>The 5 best registered agents in South Dakota in 2026 are Mainstay Filing, Northwest

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<v Dan>Registered Agent, SD Registered Agent.org, Bizee, and

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<v Dan>South Dakota Registered Agent.co.

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<v Maya>This is The Business Formation Podcast.

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<v Maya>South Dakota. What should I know before I choose?

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<v Dan>A change of agent is $10 online, but $25 on paper.

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<v Dan>And South Dakota's LLC annual report lists your agent, so the record has to stay

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<v Dan>current.

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<v Maya>What does the law say?

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<v Dan>Chapter 59-11, the Model Registered Agents Act, says every entity needs a registered

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<v Dan>agent. South Dakota splits them into noncommercial and commercial.

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<v Maya>What's the difference?

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<v Dan>A noncommercial agent is an individual who lives in South Dakota, or a business

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<v Dan>entity registered in the state.

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<v Dan>A commercial agent is an organization that has paid a registration fee and

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<v Dan>registered with the Secretary of State.

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<v Maya>Can an officer of the company just do it?

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<v Dan>Not for an LLC. The state's FAQ says the office holder option doesn't apply to

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<v Dan>LLCs.

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<v Maya>I'm Maya, by the way, here with Dan.

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<v Dan>Thanks, Maya. Now the five.

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<v Maya>First?

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<v Dan>Mainstay Filing, $149 a year, and the same $149 when it renews.

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<v Maya>What do I get?

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<v Dan>Its South Dakota address on the public record instead of yours.

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<v Dan>Papers served on your company are scanned and uploaded the same business day, no

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<v Dan>fee. And the first three government mailings each year are scanned free.

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<v Maya>If I have an agent now?

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<v Dan>Mainstay files the change. The $10 state fee goes through at cost.

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<v Maya>The catch?

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<v Dan>Two agents on this list are $99, so the flat price isn't the lowest.

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<v Maya>Second?

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<v Dan>Northwest Registered Agent, $125 a year.

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<v Dan>Its page says the price hasn't gone up in 20 years.

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<v Dan>Up to 10 pieces of business mail a year are scanned free.

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<v Maya>The catch?

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<v Dan>Signup auto-enrolls you in its annual report filing service, which is $100 plus

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<v Dan>state fees per filing, until you cancel it.

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<v Maya>What's the state fee for the report?

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<v Dan>$55 online. So that service adds $100 on top of the state's price.

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<v Maya>Third?

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<v Dan>SD Registered Agent.org, $99 a year, same at renewal.

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<v Dan>A South Dakota address, professional document handling, and compliance support.

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<v Maya>And to switch?

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<v Dan>Just the $10 state fee.

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<v Maya>Catch?

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<v Dan>Annual report filing is a separate service.

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<v Maya>And against number one?

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<v Dan>$50 less a year, or $150 over three years.

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<v Maya>Four?

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<v Dan>Bizee, formerly Incfile. Free the first year with any formation package, then $149 a

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<v Dan>year.

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<v Maya>The fine print?

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<v Dan>The free year needs a formation order, and the $149 renewal is automatic.

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<v Maya>If I'm formed already?

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<v Dan>Then it starts at $149. Two years is $298.

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<v Maya>And five?

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<v Dan>South Dakota Registered Agent.co, a flat $99 a year.

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<v Dan>The registered agent address, same-day scanning of legal documents, and reminders

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<v Dan>before your annual report deadline.

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<v Maya>Different from number three?

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<v Dan>On price and on the catch, no.

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<v Dan>Annual report filing is a separate service.

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<v Maya>Where does the agent go on the formation filing?

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<v Dan>Article III of the Articles of Organization.

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<v Dan>A noncommercial agent needs an actual street address in South Dakota, plus a mailing

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<v Dan>address. A commercial agent is listed by name and its commercial registered agent

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<v Dan>number.

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<v Maya>What does it cost?

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<v Dan>$150 online, or $165 on paper.

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<v Maya>What counts as an address?

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<v Dan>An actual street address or a rural route box number in the state, and a mailing

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<v Dan>address in the state if it's different.

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<v Maya>And the agent's consent?

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<v Dan>The statute says appointing an agent is your affirmation that the agent consented.

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<v Dan>You don't file proof of it.

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<v Maya>How do I change it?

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<v Dan>With a Statement of Change of Registered Office or Registered Agent, signed on

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<v Dan>behalf of the entity.

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<v Maya>What does it cost?

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<v Dan>$10 at Business Services Online.

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<v Dan>The state accepts Visa, MasterCard, Discover and American Express there.

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<v Maya>And on paper?

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<v Dan>Paper adds a $15 filing fee. The paper form itself prints $25.

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<v Maya>Do members have to approve?

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<v Dan>No. The statute says the interest holders or governors need not approve it.

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<v Maya>When is it effective?

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<v Dan>On filing.

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<v Maya>What are the agent's actual duties?

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<v Dan>South Dakota lists only a few.

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<v Dan>Forward any process, notice or demand to the entity at the address it most recently

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<v Dan>supplied.

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<v Maya>What else?

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<v Dan>Give the notices the chapter requires.

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<v Dan>And keep its own information current.

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<v Maya>And what does the agent receive?

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<v Dan>Service of any process, notice or demand the law requires or permits to be served on

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<v Dan>the entity.

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<v Maya>So a good agent is mostly about forwarding fast.

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<v Dan>Exactly, and about the address being right.

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<v Maya>What if my agent quits?

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<v Dan>It files a statement of resignation.

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<v Dan>There's no charge, and the form says no filing fee.

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<v Maya>When does it take effect?

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<v Dan>The earlier of the 31st day after it's filed, or when you appoint a new agent.

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<v Maya>Does it tell me?

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<v Dan>The agent must promptly give your LLC notice of the date it filed.

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<v Maya>Does good standing matter?

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<v Dan>It doesn't. An agent may resign whether or not the entity is in good standing.

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<v Maya>And if there's no agent to serve?

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<v Dan>The entity may be served by registered or certified mail, return receipt requested,

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<v Dan>addressed to its governors by name at the principal office.

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<v Maya>Where do the names come from?

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<v Dan>The most recent annual report.

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<v Maya>When is it complete?

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<v Dan>At the earliest of receipt, the date on the return receipt, or five days after it's

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<v Dan>mailed.

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<v Maya>And if that fails?

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<v Dan>Someone can hand a copy to the manager, clerk or person in charge of a regular place

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<v Dan>of business.

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<v Maya>Any effect on the LLC itself?

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<v Dan>The Secretary of State's FAQ says failure to keep a valid agent on file can lead to

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<v Dan>administrative dissolution.

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<v Maya>What does South Dakota ask each year?

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<v Dan>An annual report, $55 online or $70 on paper.

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<v Maya>When is it due?

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<v Dan>The first day of your anniversary month.

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<v Maya>And late?

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<v Dan>A $55 late fee once it's two months past due.

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<v Maya>Does it mention the agent?

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<v Dan>Yes, the report lists the registered agent.

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<v Dan>That's another reason to update the agent first.

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<v Maya>Anything changing?

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<v Dan>From January 1, 2027, an entity may choose January 31 each year instead.

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<v Maya>Can I be my own agent in South Dakota?

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<v Dan>If you live in South Dakota, as an individual noncommercial agent, yes.

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<v Dan>The state's FAQ says the agent needs both a physical and a mailing address in the

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<v Dan>state.

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<v Maya>What's the downside?

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<v Dan>Your address is public, and so are the lawsuits that arrive there.

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<v Maya>Is there an hours rule?

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<v Dan>Not in the chapter or the FAQ.

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<v Maya>So what's the real cost?

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<v Dan>Being reachable, and never missing a forward.

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<v Maya>How would a Sioux Falls or Rapid City owner pick?

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<v Dan>Three questions. Does the price hold at renewal, is the address a real South Dakota

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<v Dan>one, and who files the change.

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<v Maya>Your answer?

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<v Dan>Mainstay Filing. Our pick for South Dakota, at $149 a year.

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<v Maya>All five again?

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<v Dan>One, Mainstay Filing: $149, same at renewal.

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<v Dan>Two, Northwest: $125, with the report service to cancel.

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<v Dan>Three, SD Registered Agent.org: $99 flat.

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<v Dan>Four, Bizee: free the first year with a formation order, then $149.

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<v Dan>Five, South Dakota Registered Agent.co: $99 flat.

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<v Maya>The links are in the show notes.

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<v Maya>Thanks for listening to The Business Formation Podcast.