Formation and Registration Forms Requiring Registered Agent Designation in South Dakota
Current South Dakota business-entity forms are available through the Business Services area. Filings supported online may be submitted through Business Services Online, paper filings may be mailed to the Secretary of State, Capitol Building, 500 East Capitol Avenue Ste 112, Pierre, SD 57501-5070; and in-person filings may be delivered to the Secretary of State, Capitol Building, 500 East Capitol Avenue Ste 112, Pierre, SD 57501-5070. 605-773-4845. corpinfo@state.sd.us.
LLCs
| Form | Description | Filing Fee |
| Articles of Organization Domestic Limited Liability Company | The filing states the South Dakota registered agent for the domestic LLC. | $150 electronic; $165 paper |
| Application for Certificate of Authority Foreign Limited Liability Company | The filing states the South Dakota registered agent for the foreign LLC. | $750 electronic; $765 paper |
Corporations
| Form | Description | Filing Fee |
| Articles of Incorporation Domestic Business Corporation | The filing states the South Dakota registered agent for the domestic corporation. | $150 electronic; $165 paper |
| Application for Certificate of Authority Foreign Business Corporation | The filing states the South Dakota registered agent for the foreign corporation. | $750 electronic; $765 paper |
Nonprofit Corporations
| Form | Description | Filing Fee |
| Articles of Incorporation | The filing states the South Dakota registered agent for the domestic nonprofit corporation. | $30 |
| Non-Stock Application for Certificate of Authority Foreign Nonprofit Corporation | The filing states the South Dakota registered agent for the foreign nonprofit corporation. | $125 |
Limited Partnerships
| Form | Description | Filing Fee |
| Certificate of Limited Partnership Domestic Limited Partnership | The filing states the South Dakota registered agent for the domestic limited partnership. | $125 |
| Application for Registration Foreign Limited Partnership | The filing states the South Dakota registered agent for the foreign limited partnership. | $125 |
Limited Liability Partnerships
| Form | Description | Filing Fee |
| Statement of Qualification Domestic Limited Liability Partnership | The filing includes South Dakota registered-agent information when the partnership does not list a South Dakota chief executive office. | $125 |
| Statement of Qualification Foreign Limited Liability Partnership | The filing states the South Dakota registered agent for the foreign LLP. | $125 |
Series Limited Liability Companies
| Form | Description | Filing Fee |
| Articles of Organization & Qualification of Master Series Domestic Limited Liability Company | The filing states the South Dakota registered agent for the domestic master series LLC. | $200 |
| Application for Certificate of Authority & Qualification of Master Series Foreign Limited Liability Company | The filing states the South Dakota registered agent for the foreign master series LLC. | $800 |
| Certificate of Designation for Series with Unqualified Master LLC Foreign Limited Liability Company | The filing states the South Dakota registered agent for a foreign child series whose master LLC is not qualified in South Dakota. | $800 |
Limited Liability Limited Partnerships
| Form | Description | Filing Fee |
| Statement of Qualification Domestic Limited Liability Limited Partnership | The filing includes South Dakota registered-agent information when the partnership does not list a South Dakota chief executive office. | $125 |
| Statement of Qualification Foreign Limited Liability Limited Partnership | The filing states the South Dakota registered agent for the foreign LLLP. | $125 |
Changing a South Dakota Registered Agent or Registered Office (Filed by Entity)
South Dakota uses statement-of-change forms for corporations, LLCs, nonprofits, and LLPs, while limited partnerships change registered-agent information in their amendment filings, and online filing is available for the statement-of-change process.
| Form | Description | Filing Fee |
| Statement of Change of Registered Office or Registered Agent or Both | Domestic and foreign business corporations file this form to change the registered office, registered agent, or both. | $10 electronic; $25 paper |
| Statement of Change of Registered Office or Registered Agent or Both Limited Liability Company | Domestic and foreign LLCs file this form to change the registered office, registered agent, or both. | $10 electronic; $25 paper |
| Statement of Change of Registered Office or Registered Agent or Both | Domestic and foreign nonprofit corporations file this form to change the registered office, registered agent, or both. | $10 |
| Statement of Change of Registered Office or Registered Agent or Both | Domestic and foreign LLPs file this form to change the registered office, registered agent, or both. | $10 electronic; $25 paper |
| Certificate of Amendment Domestic Limited Partnership | A domestic limited partnership uses this filing when there is a change to any registered-agent information. | $125 |
| Application for Amended Registration Foreign Limited Partnership | A foreign limited partnership uses this filing when there is a change to any registered-agent information. | $125 |
Changing a South Dakota Registered Agent’s Own Name or Address (Filed by Agent)
South Dakota publishes a separate own-name-or-address filing for commercial registered agents, while noncommercial registered agents do not have a multi-entity change form of their own.
| Form | Description | Filing Fee |
| Commercial Registered Agent Change of Name or Address | The commercial registered agent files this form to change its own name, address, jurisdiction, or organization type. | $10 per represented entity |
Registered Agent Resignation and Rejection Forms in South Dakota
South Dakota publishes a general resignation form for commercial and noncommercial registered agents and a separate termination filing for commercial registered agents, and it does not publish a separate rejection-of-appointment form.
| Form | Description | Filed By | Filing Fee |
| Statement of Resignation of Registered Agent | This filing resigns a commercial or noncommercial registered agent from a represented entity. | Registered agent | No fee |
| Commercial Registered Agent Statement of Termination | This filing terminates the filer’s status as a commercial registered agent in South Dakota. | Commercial registered agent | $10 |
A statement of resignation takes effect on the thirty-first day after filing or on the earlier appointment of a new registered agent. A commercial registered agent that files termination must promptly notify each represented entity, and the termination takes effect on the thirty-first day after filing.
Reinstatement Forms Requiring Registered Agent Information in South Dakota
South Dakota requires the reinstatement filing package to include current registered-agent and registered-office information, and foreign entities do not reinstate but instead file a new authority filing.
| Form | Description | Filing Fee |
| Application for Reinstatement Domestic Business Corporation | The reinstatement package must include registered-agent and registered-office information for the domestic business corporation. | $300 plus delinquent reports, fees, and penalties |
| Application for Reinstatement Domestic Limited Liability Company | The reinstatement package must include registered-agent and registered-office information for the domestic LLC. | $150 plus delinquent reports, fees, and penalties |
| Application for Reinstatement Domestic Nonprofit Corporation | The reinstatement package must include registered-agent and registered-office information for the domestic nonprofit corporation. | $30 plus delinquent reports, fees, and penalties |
| Application for Reinstatement Domestic Limited Liability Partnership | The reinstatement package must include registered-agent and registered-office information for the domestic LLP. | $125 plus delinquent reports, fees, and penalties |
A domestic LLP must apply within two years after revocation. The Secretary of State’s online reinstatement instructions state that domestic LLCs, business corporations, and nonprofit corporations must file all delinquent annual reports with the reinstatement process.
FAQ
Where can I find all current South Dakota Secretary of State business forms?
Current business-entity forms are organized by business type in the Secretary of State’s Business Services area.
Online search and filing access is provided through Business Services Online. The statewide business filing charges are listed on the Filing Fees page.
Is the registered agent consent form required to be filed with the South Dakota Secretary of State?
South Dakota does not publish a separate registered-agent consent form for corporations, LLCs, nonprofits, partnerships, or series LLC filings.
Consent is documented in the formation, registration, amendment, change, or reinstatement filing that names the South Dakota registered agent. The current forms also require the filer to identify the agent as noncommercial, commercial, or, where allowed, an office holder.
What form is used to change a registered agent in South Dakota?
Business corporations and LLPs use the Statement of Change of Registered Office or Registered Agent or Both. LLCs use the Statement of Change of Registered Office or Registered Agent or Both Limited Liability Company, and nonprofit corporations use the Statement of Change of Registered Office or Registered Agent or Both.
Limited partnerships use the Certificate of Amendment Domestic Limited Partnership or the Application for Amended Registration Foreign Limited Partnership when the registered-agent information changes.
Filing methods are the same as described above. Business Services may be reached at 605-773-4845 and corpinfo@state.sd.us.
What is the difference between the entity-filed change form and the agent-filed change form in South Dakota?
An entity-filed change form updates the registered-agent record for one named business entity. That is the ordinary filing used by corporations, LLCs, nonprofits, LLPs, and limited partnerships.
A separate agent-filed change form exists only for commercial registered agents. The Commercial Registered Agent Change of Name or Address changes the commercial agent’s own record and is charged at $10 per represented entity, while noncommercial agents do not have a comparable statewide multi-entity change form.
Is there a fee to form a nonprofit corporation in South Dakota?
Yes. The Articles of Incorporation filing fee for a domestic nonprofit corporation is $30.
That amount is lower than the domestic business-corporation formation charge shown on the Filing Fees page, which is $150 electronic or $165 paper.
What forms are used to register an out-of-state LLC in South Dakota?
A standard foreign LLC registers with the Application for Certificate of Authority Foreign Limited Liability Company. The filing fee is $750 electronic or $765 paper, and the filing must name a South Dakota registered agent.
A foreign master series LLC registers with the Application for Certificate of Authority & Qualification of Master Series Foreign Limited Liability Company. A foreign child series whose master LLC is not qualified in South Dakota files the Certificate of Designation for Series with Unqualified Master LLC Foreign Limited Liability Company, and each of those series filings is $800.
South Dakota’s current business filing materials do not publish a separate quantified late-registration penalty for an out-of-state LLC in this filing set.
What forms are used to form or register a partnership in South Dakota?
A domestic limited partnership is formed with the Certificate of Limited Partnership Domestic Limited Partnership, and a foreign limited partnership registers with the Application for Registration Foreign Limited Partnership. Each filing is $125, and each filing names a South Dakota registered agent.
A domestic LLP files the Statement of Qualification Domestic Limited Liability Partnership, and a foreign LLP files the Statement of Qualification Foreign Limited Liability Partnership. Each filing is a flat $125, not a per-partner fee, and the LLP filing registers limited-liability status for a partnership rather than creating a new corporation or LLC.
A domestic LLLP files the Statement of Qualification Domestic Limited Liability Limited Partnership, and a foreign LLLP files the Statement of Qualification Foreign Limited Liability Limited Partnership. The current South Dakota forms library does not post a separate general-partnership statement-of-authority form.
Can I file South Dakota SOS forms online?
Yes. South Dakota offers online business filing through Business Services Online, which also provides public business search.
The online filing tools support new registrations, annual reports, statement-of-change filings, and the first stage of reinstatement processing. The registration, annual-report, and statement-of-change instructions state that electronic filing accepts major credit and debit cards, and the paper option generated through the online tool adds a $15 paper processing fee.
Reinstatement is a mixed process rather than a fully electronic filing. The reinstatement instructions require delinquent annual reports to be completed first and then require the reinstatement application to be mailed with the applicable reinstatement fee.
South Dakota also lists $50 expedited service on its filing-fees page.