59-11-15. Resignation of registered agent.
A registered agent may resign at any time with respect to a represented entity by filing with the secretary of state a statement of resignation signed by or on behalf of the agent which states:
(1)The name of the entity;
(2)The name of the agent;
(3)That the agent resigns from serving as agent for service of process for the entity; and
(4)The name and address of the person to which the agent will send notice.
A statement of resignation takes effect on the earlier of the thirty-first day after the day on which it is filed or the appointment of a new registered agent for the represented entity.
The registered agent shall, pursuant to subdivision (4), promptly furnish the represented entity notice in a record of the date on which a statement of resignation was filed.
When a statement of resignation takes effect, the registered agent ceases to have responsibility for any matter tendered to it as agent for the represented entity. A resignation under this section does not affect any contractual rights the entity has against the agent or that the agent has against the entity.
A registered agent may resign with respect to a represented entity whether or not the entity is in good standing.
Source: SL 2008, ch 275, ยง15.
Structure South Dakota Codified Laws
Chapter 11 - Model Registered Agents Act
Section 59-11-1 - Short title.
Section 59-11-2 - Definition of terms.
Section 59-11-3 - Filing fees.
Section 59-11-4 - Copying and certification fees.
Section 59-11-5 - Addresses in filings.
Section 59-11-6 - Appointment of registered agent.
Section 59-11-7 - Listing of commercial registered agent.
Section 59-11-8 - Index of commercial registered agent listing statements.
Section 59-11-9 - Termination of listing of commercial registered agent.
Section 59-11-10 - Service of process until new registered agent is appointed.
Section 59-11-11 - Change of registered agent by entity.
Section 59-11-12 - Change of name or address by noncommercial registered agent.
Section 59-11-13 - Change of name, address, or type of organization by commercial registered agent.
Section 59-11-14 - Cancellation of listing for failure to file statement of change of address.
Section 59-11-15 - Resignation of registered agent.
Section 59-11-16 - Service of process on entities.
Section 59-11-17 - Alternative service of process.
Section 59-11-18 - Forms of service.
Section 59-11-19 - Perfection of service.
Section 59-11-20 - Duties of registered agent.
Section 59-11-21 - Jurisdiction and venue.
Section 59-11-22 - Consistency of application.
Section 59-11-23 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 59-11-24 - Annual report.
Section 59-11-24.1 - Voluntary disclosure of beneficial interests.
Section 59-11-25 - Time for filing annual report.
Section 59-11-26 - Correction of annual report.