I'm thinking about switching registered agents for my SD LLC. Do I need to file anything with the state? What happens to the old agent, and is there a fee? Any gotchas I should know before I pull the trigger?
Registered Agent
What happens if my South Dakota LLC's registered agent changes?
Yes, you have to file a change of registered agent form with the Secretary of State. The old agent can just be dismissed, but make sure you notify them too—some contracts require written notice.
Not a lawyer but I did this last year. It was like $10 or $15 and the form was straightforward. Just don’t forget to update your annual report info later.
Make sure the new agent actually consents. i had a friend who filed the change without getting the new agent’s signature first and the state rejected it. Minor hassle.
What corncob_king said. Also double-check your operating agreement—some have weird clauses about changing agents.
In SD it's a $10 filing fee for the change form. You can do it online. Takes like 5 minutes.
Online is the way. I mailed mine like a chump and it took three weeks.
Three weeks? That's brutal. Did they lose it or just slow?
Probably just slow. Small office, paper forms. Lesson learned.
Oh and don’t forget to update your address with the IRS if the agent’s address was your mailing address. That one bit me.
Wait, does the old agent need to sign anything? I’m in the same boat.
No, just the new agent’s consent. The old one doesn’t sign.
Thanks everyone. Sounds like file the form online, get consent, notify old agent, update IRS if needed. Appreciate it.