How to change your registered agent in South Dakota
An LLC files South Dakota's LLC statement of change and identifies the replacement as either a noncommercial agent with South Dakota address information or a commercial agent with its CRA number.
Checked against primary sources ·
South Dakota- Jurisdiction terminology
- registered agent
- Change filing
- Statement of Change of Registered Office or Registered Agent or Both — Limited Liability Company (SDCL 59-11-11)
- Filing office
- South Dakota Secretary of State, Business Services
Choose the right South Dakota filing
South Dakota's LLC statement makes the commercial-versus-noncommercial choice central to the filing. A noncommercial replacement is identified with South Dakota address details; a listed commercial replacement is identified with its name and CRA number. The incoming agent does not sign the published LLC statement. Instead, the entity signs and its appointment affirms that the agent agreed to serve. Prepare the right branch first, then use the business ID to connect it to the existing LLC record.
- Procedure scope
- Domestic South Dakota LLCs changing registered agent through the LLC-specific statement of change.
- Form or online transaction
- Statement of Change of Registered Office or Registered Agent or Both — Limited Liability Company (SDCL 59-11-11)
- Where to file
- South Dakota Secretary of State, Business Services
Which route fits your registered agent change?
- An entity-filed replacement
The LLC-specific Statement of Change of Registered Office or Registered Agent or Both is the published paper route used here. Section 59-11-11 authorizes a represented entity to file a statement signed on its behalf identifying the information that will be in effect. Use the entity's record, not a commercial agent's own listing, when the company is selecting a different provider. Source 1.
- Commercial or noncommercial
The form directs you to complete only option 3(a) or 3(b). Noncommercial agents use the name and South Dakota address block. A commercial agent supplies its CRA number. A business selling services is not automatically identified correctly just by writing its name in both options; obtain the agent's actual listing information. Source 1.
- Amending an existing registered-agent filing
Section 59-11-11 also allows a represented entity to amend its most recent registered-agent filing using the laws governing amendment of that filing. That is an alternative statutory route, not an instruction to edit an already filed PDF informally. The standalone LLC statement is the clearer published document when the intended transaction is simply this replacement. Source 4.
Prepare for the change in South Dakota
- Get the South Dakota business ID
Collect the LLC's business ID and exact state-record name. The first field requires both. For a company with several registrations or similarly named affiliates, keep each South Dakota record and proposed appointment separate rather than relying on the provider account name. Source 1.
- Copy the outgoing record
The form asks for the old agent's name, actual street address or rural-route box number and a different mailing address if applicable. Retrieve that information before drafting. The fact that the form also asks for replacement data does not make the old-agent block optional. Source 1.
- Obtain the replacement's specific information
For a noncommercial agent collect the actual street address in South Dakota and a different in-state mailing address when applicable. For a commercial agent ask for the exact agent name and CRA number. The form says the number is obtained from the agent, so do not substitute the LLC's business ID. Source 1.
- Arrange consent before execution
The statute makes an appointment the represented entity's affirmation that the agent consented. Obtain the agreement before the entity signs and preserve a practical record of it. The published LLC statement has an authorized-signer block, not a separate incoming-agent acceptance signature or consent attachment field. Source 4.
Consent and acceptance
Obtain the incoming agent's agreement before filing. SDCL 59-11-11 treats appointment in the statement as the represented entity's affirmation that the agent has consented; the LLC form is signed by the entity's authorized signer.
Entity-type differences
The published form used here is specifically labeled Limited Liability Company. The Secretary of State also publishes a separate entity statement of change for other entity types. The general registered-agent change statute applies to represented entities; do not use an agent's commercial listing-change form to replace the agent on an individual LLC's record. For a foreign LLC, identify its South Dakota registration record rather than its home-state formation record.
Complete the South Dakota change filing
Copy the LLC's business ID and name and the old agent's name, physical address and any different mailing address from the current state record.
Confirm the replacement has agreed to serve and determine whether it is a noncommercial registered agent or a listed commercial registered agent.
Complete only one new-agent option. For a noncommercial agent, provide its name and South Dakota street and mailing addresses; for a commercial agent, enter its name and obtain its CRA number from the agent.
Have the LLC's authorized signer date and sign the statement, print their name and state their title.
Submit the signed LLC statement to the Secretary of State at the address shown on the form, then retain the filing evidence and check the updated business record.
Open the official filing instructions or transaction. Read the primary sources below alongside these steps.
Form fields and statement requirements
- Item 1: Business ID and name
Use the identifying information for the LLC being changed. Do not enter the commercial registered agent's number here: that belongs in the commercial-agent option later. The statement is tied to the represented business, not the agent's own registration. Source 1.
- Item 2: old agent and addresses
Enter the name and address of the agent currently on file, including the different mailing address where applicable. Keep the street and mailing categories separate. If your internal spreadsheet disagrees with the state record, resolve that difference before using it as the source for the statement. Source 1.
- Item 3(a): noncommercial replacement
Provide the new noncommercial agent's name, actual South Dakota street address and different South Dakota mailing address. The form marks email optional in this block. An optional email does not remove the physical-address requirement or allow an out-of-state company headquarters to stand in for the local agent address. Source 1.
- Item 3(b): commercial replacement
Enter the commercial agent's name and CRA number, and do not complete the competing noncommercial block. Ask the agent to confirm the spelling and number together. This branch is designed around the commercial registration rather than repeating the noncommercial address fields. Source 1.
- Execution
Date the statement, have the entity's authorized signer sign, and complete printed name and title. The form also offers an optional signer email. Read the material-falsity warning before signing; naming an unconsulted agent is not cured by otherwise accurate addresses. Source 1.
Submit the change to South Dakota Secretary of State, Business Services
- Submit the signed LLC statement
The paper form identifies the Secretary of State Office at 500 E Capitol Ave, Pierre, SD 57501 and provides its payment directions. Send the completed and signed LLC document using those instructions. No authenticated online replacement workflow was inspected for this guide, so the PDF is not presented as evidence of particular portal buttons or electronic-signature steps. Source 1.
- Preserve a readable submission copy
Practical guidance. Keep the completed statement, delivery evidence and agent agreement together. If another person submits it, agree who will receive and save the filing acknowledgment. This is an internal handoff safeguard, not an additional state attachment requirement.
When the change takes effect
A statement of change under SDCL 59-11-11 takes effect on filing.
Before you submit
The commercial-agent option asks for the CRA number instead of the noncommercial-agent address block. Do not fill both alternatives or substitute an out-of-state company address for the noncommercial agent's South Dakota addresses.
Verify the change and finish the transition
- Distinguish delivery from filing
Section 59-11-11 says the statement takes effect on filing. Mailing the signed statement is therefore not the same event as the statutory effective point. Retain evidence of the Secretary of State filing and do not date your transition solely from the day the envelope was sent. Source 4.
- Reconcile the selected branch
Practical guidance. Check the resulting record against the exact incoming-agent name and, for a commercial agent, its CRA number. For a noncommercial agent check both physical and different mailing addresses. If the result does not match the signed packet, investigate that discrepancy before treating the handoff as closed.
- Complete the service handoff
Practical guidance. Give the new agent a monitored contact for forwarding legal documents, and ask the outgoing agent about anything already received. Keep company operating addresses, other-state registrations and recurring filing responsibilities on separate internal checklists rather than assuming this one statement updated them.
Avoid these South Dakota filing mistakes
- Completing both agent alternatives
The instruction is explicit: complete only one of the new-agent options. Choose the branch matching the replacement's status, then review that branch for completeness instead of supplying two competing designations. Source 1.
- Using the business ID as the CRA number
The LLC business ID belongs in item 1. The commercial registered agent's CRA number belongs in item 3(b) and comes from the agent. Mixing those identifiers can obscure both the entity being changed and the replacement being appointed. Source 1.
- Appointing first and asking later
The signed appointment affirms consent under section 59-11-11. Obtain the agent's agreement before filing. The absence of an incoming-agent signature line on the LLC statement is not permission to appoint a person without agreement. Source 4.
Questions about changing your registered agent in South Dakota
Does the incoming agent sign the South Dakota LLC statement?
The published LLC statement is executed by the entity's authorized signer. Section 59-11-11 makes the appointment an affirmation that the incoming agent consented; the PDF does not add a separate agent-signature block. Source 1.
When does the change take effect?
A statement filed under section 59-11-11 takes effect on filing. Keep the state filing evidence, not just proof of mailing, when documenting the change date. Source 4.
Must LLC owners approve this statutory statement?
Section 59-11-11 says the interest holders or governors of a domestic entity need not approve filing this statement or a similar agent or office change in another jurisdiction. The document still must be signed on behalf of the entity by an authorized signer. Source 4.
Where do I get a commercial agent's CRA number?
The LLC form specifically says it can be obtained from the commercial registered agent. Obtain it with the agent's exact appointment name and use the commercial branch only. Source 1.
Which primary sources support this procedure?
Checked . The filing office’s current instructions govern the submission.
- Secretary of State — LLC statement of change
- South Dakota Legislature — SDCL 59-11-11
- Secretary of State — separate entity statement of change
- South Dakota Legislature — current text of SDCL 59-11-11
Procedural guidance, not legal advice. Confirm the correct filing for your entity and its current record.
Need help with your South Dakota change?
Tell us the entity name, its jurisdiction and what needs to change. State fees are confirmed with you before anything is filed.